■ “Niconico Premium Terms of Use”

The “niconico premium terms of use” shall set out the terms of use of <niconico premium>, which constitutes a part of the services of “niconico” provided based on the niconico Terms of Use (the “Basic Terms”) separately stipulated by the operating company. Regarding matters not prescribed in the “niconico premium terms of use,” the provisions of the Basic Terms shall apply. If there are any matters that the “niconico premium terms of use” and the Basic Terms treat differently, the “niconico premium terms of use” shall supersede the Basic Terms. Unless otherwise specified, the terms used in the “niconico premium terms of use” shall have the same meanings as those ascribed thereto in the Basic Terms.

The “niconico premium terms of use” shall apply to everything related to the registration of users as <niconico premium members>, which are paying members, and the use of <niconico premium>, which is a service provided to <niconico premium members>.

If a user is a minor, the user is required to have a statutory agent (a person with parental authority) confirm the “niconico premium terms of use,” and to obtain the statutory agent’s consent, in order to use <niconico premium>. A user who is a minor and uses <niconico premium> shall be deemed to have obtained a statutory agent’s consent as stated above.

1. Application of these Terms

Users shall consent to the “niconico premium terms of use” when registering as <niconico premium members> and using <niconico premium>. When using each website to which <niconico premium> applies, users shall follow the terms of use of each website regarding the use of the website.

2. Registration as <Niconico Premium Members>

Users who wish to be registered as <niconico premium members> shall register as <niconico premium members> in accordance with the registration procedures designated by the operating company after giving consent to the “niconico premium terms of use.”

There are two types of payment methods for <niconico premium>: (i) a monthly/annual fee payment method (meaning paying by a credit card designated by the operating company, paying through registration as a monthly fee member of a mobile phone carrier, paying through a PayPal account, or paying through Apple Inc.’s In App Purchase (which refers to Auto Renewable Subscriptions; the “Apple Settlement”)), and (ii) a prepayment method (which is indicated as “ticket payment” on the niconico website; meaning paying by a prepaid card designated by the operating company or paying through other settlement methods designated by the operating company). Users shall select one of these payment methods when registering as <niconico premium members>. The payment method that is selected when registering as <niconico premium members> may not be changed until the agreement regarding the use of <niconico premium> between users and the operating company terminates. Users shall consent to this.

Moreover, if the user uses “niconico premium” as part of a product (set) from another company other than the operating company, (includes when an existing “niconico premium member”—using the monthly/annual fee payment method as well as the prepayment method—changes to the payment method of the said product set), the conditions for methods of payment, cancellation, etc. shall follow the terms of use for the said company or product.

3. The Monthly/Annual Fee Payment Method

Where a user uses <niconico premium> via the monthly/annual fee payment method, the effective period of the agreement regarding the use of <niconico premium> between the user and the operating company shall be one month, and the monthly fee for <niconico premium> shall be 540 yen (incl. consumption tax). However, if payments are made by the Apple Settlement, the effective period of the agreement and the service fee shall differ. Please see the following (*1 points to note regarding the use of the Apple Settlement).

When a user who selected the monthly/annual fee payment method terminates the agreement regarding the use of <niconico premium> with the operating company, the user is required to complete the membership withdrawal procedures for <niconico premium> designated by the operating company. Unless the withdrawal procedures mentioned above are completed, the agreement shall be automatically renewed for another month, and users shall consent to this. However, if payments are made by the Apple Settlement, the treatment shall differ. Please see the following (*1 points to note regarding the use of the Apple Settlement).

Regarding the service fee, regardless of the date the agreement is executed, the designated monthly fee shall accrue from the month in which a user registered. If a user completes the withdrawal procedures and terminates the agreement in the same month as that during which the user registered, the service fee for one month shall accrue. If a user completes the withdrawal procedures and terminates the agreement in the middle of a month, (including if the continuous payment using the monthly/ annual fee payment system under any payment method is terminated) the user will immediately be unable to use <niconico premium> upon termination and the service fee for one month shall accrue for the month that includes the date of termination*2. If a user again registers within the month during which the user completed the withdrawal procedures and terminated the agreement, depending on the settlement method that the user selected, a service fee for one month may accrue regarding the re-registration, in addition to the service fee for the initial registration. However, if payments are made by the Apple Settlement, the treatment shall differ. Please see the following (*1 points to note regarding the use of the Apple Settlement).

*1 Points to note regarding the use of the Apple Settlement

If the agreement regarding the use of <niconico premium> between a user who selects the monthly/annual fee payment using the Apple Settlement or a method other than the Apple Settlement and the operating company is terminated during the effective period, no refund shall be made, including the fee calculated on a per diem basis.

*2 If the payment method for registration as a monthly fee member of a mobile phone carrier, continuous payment (automatic payment) selected through a PayPal account, or for the relevant continuous payment (automatic payment)is terminated, the user will be unable to use <niconico premium> from that point. Please note that even if the user is unable to use <niconico premium> in the middle of the month, the service fee for one month shall accrue.

4. The Prepayment Method

Where a user uses <niconico premium> via the prepayment method, the user may use <niconico premium> for 90 days by paying 1,728 yen (incl. consumption tax) (if purchasing a ticket at PlayStation®Store, the fee shall be 2,160 yen (incl. consumption tax)). For ticket purchases from the Nintendo eShop, it shall be 2,160 yen (incl. consumption tax)).

The agreement regarding the use of <niconico premium> between a user who selects the prepayment method and the operating company shall terminate when the 90 day period has expired as stated above. Even if the user does not use <niconico premium> during the effective period stated above for their own reason, the service fee paid once shall not be refunded.

5. After Termination of the Agreement

If a user who selected the monthly/annual fee payment method other than the Apple Settlement terminates the agreement regarding the use of <niconico premium> with the operating company, if an agreement under the monthly/annual fee payment method by means of the Apple Settlement fails to be automatically renewed, or if the effective period designated under the prepayment method expires, then the agreement regarding the use of <niconico premium> between the user and the operating company shall terminate.

Even if the relevant agreement terminates, the operating company shall retain information regarding the history of services that were provided to the user under <niconico premium> for such period and to such extent as it chooses, and users shall consent to this. If a new agreement is executed between the user and the operating company again during such period, the user may take over the history of services that were provided to him/her under the previous agreement based on the above-mentioned information retained by the operating company. However, this shall be left to the discretion of the operating company, and it shall not be assured that all service history under the previous agreement will be taken over.

6. Non-transfer

Users may not assign, lease, transfer, create a pledge, provide as collateral, or otherwise dispose of their status as a <niconico premium member>, their rights or obligations under the “niconico premium terms of use,” or their account information, etc. to/for the benefit of a third party (whether for profit or free).

7. Disclaimer

The operating company shall not give any operation guarantee regarding the services provided to users under <niconico premium>, regardless of whether users use the services with the recommended environment separately displayed on the “niconico” website. Depending on the equipment and communication environments, etc. that users use when using <niconico premium>, defects may occur in the provided services or equipment used by users. In addition, a part of or all of the provided services may be restricted due to maintenance work conducted by the operating company, or blackouts or failures of communication lines, acts of God, or any other force majeure which are not foreseeable by the operating company. In executing the agreement regarding the use of <niconico premium> with the operating company, and in using <niconico premium> after executing the agreement, users shall consent that they will fully recognize these possibilities, and that the operating company shall not be liable for any direct or indirect damage suffered by users arising from or in relation to these defects or restrictions, regardless of whether there was any possibility that the operating company could foresee them.

8. Suspension of Use

When a user violates the Basic Terms or any terms of use of each website to which <niconico premium> applies, the operating company may restrict the user from using the website or restrict a part of or all of the services provided to the user under <niconico premium>, and may cancel the agreement regarding the use of <niconico premium> with the user, and users shall consent to this. If the agreement regarding the use of <niconico premium> is cancelled for such reason, a user who selected the monthly/annual fee payment method shall be charged the service fee until the month that includes the date of cancellation. In addition, if the agreement regarding the use of <niconico premium> is cancelled for such reason, regardless of whether the user selected the monthly/annual fee payment method or the prepayment method, the operating company shall make no refund.

In accordance with the terms of use of each website to which <niconico premium> applies, the operating company may restrict all users of the website from using a part of or all of the services provided on the website on the operating company’s authority. Being a <niconico premium member> shall have no effect on such measures, and executing an agreement regarding the use of <niconico premium> with the operating company shall have no effect on the provisions of the terms of use of each website regarding such restrictions. The operating company shall make no refund because of such restrictions imposed by it, and users shall consent to this.

If a user fails to pay the service fee until the designated due date, the operating company may suspend the <niconico premium> service to the user without giving notice to the user.

9. Services to be Provided

The details of the <niconico premium> service shall be available on the website that explains the service, and a user who wishes to be registered as a <niconico premium member> shall confirm the details of the service, and shall apply to register as a <niconico premium member> after giving consent thereto. The operating company may change the content of the <niconico premium> service at its discretion by giving advance notice on the “niconico” website, and users shall consent to this.

10. Amendment of these Terms

The operating company may amend the “niconico premium terms of use” at its own discretion. When the operating company amends the “niconico premium terms of use,” it shall give notice of the amended content to users on the “niconico” website. Users shall consent to the amended “niconico premium term of use” being incorporated into the agreement regarding the use of <niconico premium> between users and the operating company by users using <niconico premium> after such amendment notice is given.

11. Governing Law, Court with Jurisdiction, Language

Users shall consent that the “niconico premium terms of use” shall be governed by and construed in accordance with the laws of Japan, and that any and all disputes or issues arising from or in relation to the “niconico premium terms of use” and users’ use of <niconico premium> shall be subject to the exclusively agreed jurisdiction in the first instance of the Tokyo District Court. Users shall consent that the original of the “niconico premium terms of use” shall be in the Japanese language, and these terms shall always be construed only in the Japanese language. Users shall consent that a translation thereof into any other language will be provided only for users convenience, and that such translation will not be referred to in construing the “niconico premium terms of use.”