Terms of Service
The original version of this agreement is in Japanese, a copy of which can be found here. The English agreement is for reference purposes only. If there is any conflict or inconsistency between these two texts, the Japanese text shall prevail, and this agreement hereby will also be governed by and construed in accordance with Japanese law.
These EventHub Terms of Service (“these Terms of Service”) prescribe the matters to be observed by you in using EventHub’s service provided by EventHub Co., Ltd. (“Company”) and the rights and obligations between the Company and you. If you will use the foregoing service as a Customer (as defined in Article 2), please make sure to read these Terms of Service carefully before agreeing to these Terms of Service.
Article 1 (Application)
１． The purpose of these Terms of Service is to prescribe the rights and obligations between the Company and the Customer (as defined in Article 2) in relation to the use of the Service (as defined in Article 2), and these Terms of Service apply to any and all relations between the Customer and the Company in connection with the use of the Service.
２． Any rules, regulations, and the like (including the Privacy Policy; https://staging-testeventhub-stagesecret.kinsta.cloud/privacy/) related to the Service that are posted by the Company on the Company’s Website (as defined in Article 2) as needed shall constitute a part of these Terms of Service.
Article 2 (Definitions)
Each of the terms used in these Terms of Service shall have the meaning set out in each of the following items.
１． “EventHub” means a platform service provided by the Company for event management, networking between the Event Participants (as defined below), as a matching tool of business deals, and selling Tickets (as defined below) of an event to be hosted by the Customer (if the name or content of EventHub is changed for whatever reason, then including EventHub after such change).
２． “Event Participant” has the meaning of “Event Participant” defined in Article 4.
３． “Intellectual Property Rights” means copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including rights for obtaining such rights or rights for filing applications to register such rights).
４． “Company’s Website” means the website operated by the Company having the domain of “staging-testeventhub-stagesecret.kinsta.cloud” (if the domain or content of the Company’s website is changed for whatever reason, then including the website after such change).
５． “Prospective User” has the meaning of “Prospective User” defined in Article 3.
６． “Registration Information” has the meaning of “Registration Information” defined in Article 3.
７． “Customer” means an individual or a corporation registered as a user of the Service pursuant to Article 3.
８． “Service” means the service of providing EventHub for a specific event hosted by the Customer.
９． “Service Agreement” has the meaning of “Service Agreement” defined in Article 3 Paragraph 4.
１０． “Ticket” means an electronic medium created with EventHub, or a printed version thereof, which enables the user to participate in an event.
Article 3 (Registration)
１． A person who wishes to use the Service (“Prospective User”) may apply for registration with the Company to use the Service by agreeing to observe these Terms of Service, and providing to the Company certain information required by the Company (“Registration Information”) according to the method prescribed by the Company.
２． The application for registration must be filed by the actual individual or corporation to use the Service and, as a general rule, the application for registration by an agent is not allowed. Furthermore, a Prospective User must provide true, accurate and latest information to the Company when applying for registration.
３． The Company may refuse registration if the person who applied for registration pursuant to Paragraph 1 of this article corresponds to any of the following items:
１．the Company determines that the person may breach these Terms of Service;
２．all or a part of the Registration Information provided to the Company was false or erroneous, or there was missing information;
３．the Company determines the person’s use of the Services as to develop or operate the same or resembling service, or to conduct other resembling-actions for the purpose of such, or to conduct research for the purpose mentioned above;
４．the person’s registration for using the Service was cancelled in the past;
５．the person is a minor, an adult ward, a person under curatorship or a person under assistance, and has not obtained the consent of his/her statutory agent, guardian, curator or assistant;
６．the Company determines that the person corresponds to antisocial forces (referring to an organized crime group, organized crime group member, right-wing group, antisocial organization or any other person equivalent thereto; hereinafter the same), or is somehow interacting or involved with antisocial forces such as by sustaining or operating antisocial forces, or cooperating or being involved with the management of antisocial forces, through financing or otherwise; or
７．the Company otherwise determines that it would be inappropriate to register the person.
４． The Company shall determine whether or not to register the Prospective User based on the preceding paragraph and according to other standards of the Company, and, when the Company is to permit the registration of the Prospective User, the Company shall notify the Prospective User to such effect. The registration of the Prospective User as a Customer shall be completed with the foregoing notice, and an agreement on the use of the Service pursuant to the various provisions of these Terms of Service (“Service Agreement”) will be concluded between the Customer and the Company.
５． When there is any change to the Registration Information, the Customer shall promptly notify such change to the Company according to the method prescribed by the Company, and submit any materials requested by the Company.
Article 4 (Use of Service)
１． The Service is a service provided by the Company to the Customer so that a participant or an exhibitor (collectively, “Event Participant”) of the event hosted by the Customer can use EventHub for networking and doing business with other Event Participants, and for the Customer to host and operate events (including online events).
２． An Event Participant’s application for using EventHub shall be completed at the time that the Event Participant agrees to the terms of use for Event Participants separately prescribed by the Company (https://staging-testeventhub-stagesecret.kinsta.cloud/terms-of-service/), and the Event Participant may thereby use EventHub.
３． When the Customer is to notify the Company of an Event Participant’s contact information such as the Event Participant’s email address, the Customer shall obtain the prior consent of the Event Participant under its own responsibility and cost burden. If a dispute arises with an Event Participant or any other third party in relation to the foregoing provision of the Event Participant’s contact information or otherwise in connection with the use of the Service or EventHub, the Customer shall immediately notify the details thereof to the Company, handle the complaint or dispute at the Customer’s cost burden and responsibility, and, if the Company consequently suffered any damage, compensate such damage suffered by the Company.
Article 5 (Events and Provision/Cancellation of Tickets)
１． The Customer may request the creation of an event through EventHub according to the Company’s prescribed method. The Company shall evaluate whether the requested event satisfies the standards separately prescribed by the Company.
２． When the event passes the evaluation, the Customer shall sell the Tickets of the event, under its own responsibility, to the Event Participants according to the contents of the event, and thereby provide the event to the Event Participants. The sales contract of the Tickets will be concluded between the Customer and the Event Participants, and the Company is not a party to the sale of the Tickets.
３． If the Company determines that the event fails to satisfy the standards separately prescribed by the Company, the Company may refuse the request for creating the event, delete the event or the website of the event, or take other necessary measures. When the event is deleted, the Customer shall refund the entire amount of the purchase price of the Tickets to the Event Participants that purchased the Tickets, and the Customer shall bear the refund fees prescribed by the Company. The Company shall not be liable in any for any damage suffered by the Customer due to the measures taken by the Company pursuant to this paragraph.
４． Unless a separate agreement is reached between the Company and the Event Participants, the Customer may not terminate or cancel the event and the sales contract of the Tickets.
５． If there are problems with the event to be provided to the Event Participants such as a legal violation or contract violation and a complaint is consequently filed by an Event Participant, the Customer shall deal with the Event Participant in good faith under its own responsibility and cost burden; provided, however, that the Company may, based on its own judgment, deal with the complaint filed by the Event Participant on behalf of the Customer without any prior notice to the Customer. The Company may bill the Customer for the costs required to deal with the foregoing complaint, and the Customer acknowledges in advance that it will immediately reimburse such costs.
６． When the Customer is to cancel the event posted on the Service prematurely, the Customer shall take the cancellation procedures of the event according to the Company’s prescribed method. When the Customer takes the cancellation procedures of the event, the Customer shall refund the entire amount of the purchase price of the Tickets to the Event Participants that purchased the Tickets, and the Customer shall bear the refund fees prescribed by the Company.
Article 6 (Service Fee and Payment Method)
１． The Customer shall pay the service fee separately prescribed by the Company as the consideration for using the Service.
２． For the service fee, the Company will close its books on the last day of the month in which the Customer started using the Service, and will issue an invoice. For any payment on and after the month following the month to which the start date of using the Service belongs, the Company will close its books on the last day of each month, and will issue an invoice.
３． The Customer shall pay the service fee to the Company according to the method designated by the Company within one (1) month from the date of issue of the invoice. (When there is a selling agency, the service fee shall be paid to the selling agency according to the method prescribed by the selling agency in the purchase request form.) Bank charges and other fees required for the payment shall be borne by the Customer.
４． If the Customer delays payment of the service fee, the Customer shall pay to the Company delay damages at a rate of 14.6% per annum.
５． When an Event Participant is to purchase a Ticket from the Customer with a credit card payment through use of the Service, the Company may receive the credit sales on behalf of the Customer, and the Customer acknowledges in advance that the Company may receive such credit sales on behalf of the Customer. The Company may allocate the credit sales of the Ticket received on behalf of the Customer to the service fee prescribed in Paragraph 1 of this article, and shall pay the balance thereof to the Customer.
Article 7 (Management of User ID)
１． The Customer shall manage and store the user ID and the password (“ID, etc.”) of the Service under its own responsibility, and must not allow a third party to use the ID, etc., or lease, assign, transfer, or trade the ID, etc.
２． The Company shall be liable for any damage resulting from the insufficient management, erroneous use, or third-party use of the ID, etc., and the Company shall not be liable in any way therefor.
３． If it is discovered that the ID, etc. has been stolen or is being used by a third party, the Customer shall immediately notify the Company to such effect, and follow any instructions given by the Company.
Article 8 (Prohibited Acts)
The Customer must not conduct any of the following acts in using the Service:
１．act that infringes upon the Intellectual Property Rights, portrait rights, privacy rights, honor, or other rights or interests of the Company, an Event Participant, another Customer or any other third party (including any act that directly or indirectly provokes such infringement);
２．act that is related to criminal behavior or act that is contrary to public order and morals;
３．act that is in violation of laws or in breach of the internal rules of the Company or the industry organization with which the Customer is affiliated;
４．act of falsifying information that could be used in relation to the Service;
５．the use of the Service as to develop or operate the same or resembling service, or to conduct other resembling-actions for the purpose of such, or to conduct research for the purpose mentioned above;
６．act that may interfere with the operation of the Service by the Company; or
７．any other act deemed inappropriate by the Company.
Article 9 (Discontinuation, etc. of Service)
１． When corresponding to any of the following cases, the Company may suspend or discontinue all or a part of the use of the Service without any prior notice to the Customer; provided, however, that, when the period of unavailability of the Service will be long-term, the Company shall endeavor to notify the Customer in advance, or notify the Customer ex-post facto:
１．the Company is to perform regular or emergency inspection or maintenance of the computer system used for the Service;
２．computers or communication lines become unavailable due to an incident;
３．the Company is unable to operate the Service due to fires, blackouts, calamities or other force majeure events; or
４．the Company otherwise determines that the Service needs to be discontinued or suspended.
２． The Company may terminate the provision of the Service due to reasons of the Company. In the foregoing case, the Company shall notify the Customer to such effect in advance.
３． The Company shall not be liable in any way for any damage suffered by the Customer due to the measures taken by the Company pursuant to this article.
Article 10 (Responsibilities of Equipment)
１． The Customer shall prepare and maintain, at its own cost burden and responsibility, any computer, software and other equipment, communication lines and other communication environment required for receiving the provision of the Service.
２． The Customer shall take, at its own cost burden and responsibility, security measures for preventing the infection of computer viruses, unauthorized access and information leakage according to its usage environment of the Service.
Article 11 (Ownership of Rights)
１． All ownership and Intellectual Property Rights related to the Company’s Website, the Service and EventHub belong to the Company or the person that granted a license to the Company, and, unless expressly provided for herein, the license of the Service based on the registration set out in these Terms of Service does not imply the transfer or licensing of the Intellectual Property Rights of the Company or the person that granted a license to the Company in relation to the Company’s Website, the Service or EventHub. Irrespective of the reason, the Customer must not conduct any act (including without limitation disassembly, decompilation and reverse engineering) that may infringe upon the Intellectual Property Rights of the Company or the person that granted a license to the Company.
２． The Company may use, according to the method that is compliant with the purpose of use of the Company’s Privacy Policy (https://staging-testeventhub-stagesecret.kinsta.cloud/terms-of-service/), contents of chats, frequency of chats, chat history, profile viewing and all other information (“Company-Acquired Information”) acquired by the Company through use of EventHub by the Event Participants and use of the Service by the Customer. Furthermore, the Customer may at any time view the basic access information from the management screen. The Company may digitize any and all information acquired by the Company in relation to the use of EventHub or use of the Service, including the Company-Acquired Information, for statistical analysis, improvement of the Service and advertisement in addition to the foregoing use by the Company, and share the digitized information with the Customer. The Company may use the digitized information at its own discretion according to a method which cannot identify specific individuals, as well as share the same with a third party deemed required by the Company for achieving the purpose.
３． Even when the Company had been storing the Company-Acquired Information for a given period of time for the operation of the Service, the Company is not obligated to store such Company-Acquired Information.
Article 12 (Cancellation of Registration, etc.)
１． If the Customer corresponds to any of the following items, the Company may temporarily suspend the use of the Service by the Customer or cancel the registration of the Customer without requiring any prior notice or formal demand:
１．the Customer delays payment of the service fee set out in Article 6 or otherwise breaches any provision of these Terms of Service;
２．it is discovered that the Registration Information contains false information;
３．the Customer used, or attempted to use, the Service for a purpose or according to a method which may cause damage to the Company, an Event Participant, another Customer or any other third party;
４．the Customer interferes with the operation of the Service, irrespective of the means thereof;
５．the Customer suspends payment of falls into a state of insolvency, or a petition is filed against the Customer for commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation or commencement of procedures similar thereto;
６．the Customer dishonors a bill or a check drawn or underwritten by the Customer, or receives a disposition by suspension of business of a clearinghouse or is subject to any other similar measures;
７．a petition is filed against the Customer for attachment, provisional attachment, provisional disposition, compulsory execution or public auction;
８．the Customer receives a disposition for failure to pay taxes and public dues;
９．the Customer passes away or receives a ruling for commencement of guardianship, commencement of curatorship or commencement of assistance;
１０．the Customer does not use the Service for six (6) months or longer, and fails to respond to any communication from the Company;
１１．the Customer corresponds to any item of Article 3, Paragraph 3; or
１２．the Company otherwise determines that the continuation of the Customer’s registration is inappropriate.
２． If the Customer corresponds to any item of the preceding paragraph, the Customer shall automatically forfeit its benefit of time regarding all debts borne against the Company, and must immediately pay all such debts to the Company.
３． The Company may cancel the registration of the Customer by notifying the Customer at least thirty (30) days in advance according to the Company’s prescribed method.
４． The Company shall not be liable in any way for any damage suffered by the Customer due to the measures taken by the Company pursuant to this article.
５． If the registration of the Customer is cancelled pursuant to this article, the Customer shall return, destroy or otherwise dispose any software, manual or any other item related to the Service provided by the Company according to the instructions given by the Company.
Article 13 (Disclaimer of Warranty and Exemption of Liability)
１． The Company does not offer any kind of warranty regarding the Service and EventHub. The Service and EventHub will be provided on an as-is basis, and the Company does not in any way warrant the fitness for a particular purpose, commercial usefulness, completeness or continuity of the Service and EventHub.
２． Even when the Customer obtains, whether directly or indirectly from the Company, any kind of information related to the Service, EventHub, Company’s Website, another Customer of the Service or any other matter, the Company does not offer any kind of warranty to the Customer beyond the subject matter prescribed in these Terms of Service.
３． The Customer shall examine whether or not its use of the Service will be in violation of laws or breach of internal rules of industry groups applicable to the Customer under its own responsibility and cost burden, and the Company does not in any way warrant that the Customer’s use of the Service is compliant with laws or internal rules of industry groups applicable to the Customer.
４． Any transaction, communication or dispute arising between the Customer and an Event Participant, another Customer or any other third party in relation to the Service or the Company’s Website shall be handled and resolved under the Customer’s responsibility, and the Company shall not be responsible in any way for such matters.
５． The Company shall not be liable in any way for compensating any damage suffered by the Customer due to the suspension, discontinuation, termination, unavailability or change of the Service by the Company, deletion of erasure of the Customer’s message or information by the Company, cancellation of the Customer’s registration by the Company, loss of data or malfunction of damage of equipment resulting from the Customer’s use of the Service, or any other damage suffered in relation to the Service.
６． Even when a link from the Company’s Website to another website or a link from another website to the Company’s Website is being provided, the Company shall not be responsible in any way, irrespective of the reason, for any website other than the Company’s Website and any information obtained therefrom.
７． The Company will not be liable in any way for any damage suffered by the Customer in relation to the Service. Even in cases where the Company bears liability for damage against the Customer based on the application of the Consumer Contract Act or any other reason, the Company’s liability for damage shall be capped at the total amount of the service fee for the Service that the Company actually received from the Customer in the past period of six (6) months reckoned from the time that the cause of such damage occurred.
Article 14 (User’s Liability for Damages, etc.)
１． If the Customer causes damage to the Company as a result of breaching these Terms of Service or in relation to the use of the Service, the Customer must compensate such damage suffered by the Company.
２． If the Customer receives a complaint from an Event Participant, another Customer or any other third party, or a dispute arises between the Customer and an Event Participant, another Customer or any other third party, in relation to the Service or EventHub, the Customer shall immediately notify the details thereof to the Company, handle such complaint or dispute at the Customer’s cost burden and responsibility, and report the progress and results thereof to the Company when requested by the Company.
３． If the Company receives any kind of claim from an Event Participant, another Customer or any other third party on grounds of infringement of rights or other reasons in relation to the Customer’s use of the Service, the Customer must compensate the amount that the Company was forced to pay to the third party based on such claim; save for cases where such claim was due to reasons attributable to the Company.
４． When the Customer is an agent, the Customer represents and warrants that the person to actually use the Service (“End User”) has agreed to these Terms of Service. Liabilities and responsibilities in cases where the End User breaches these Terms of Service shall be borne by the Customer.
Article 15 (Confidentiality)
１． The term “confidential information” as used in these Terms of Service means any and all information related to the Company’s technology, sales, business, finance, organization or other matters which was provided or disclosed to the Customer from the Company in writing, verbally or with a recording medium, or which became known to the Customer, in relation to the Service Agreement or the Service; provided, however, that the following information shall be excluded from confidential information: (1) information which had been public knowledge or had been in the Customer’s possession at the time such information was provided or disclosed by the Company or became known to the Customer, (2) information which became public knowledge by way of publication or other means due to reasons not attributable to the Customer after such information was provided or disclosed by the Company or became known to the Customer, (3) information which was lawfully acquired from a third party duly authorized to provide or disclose such information without having to bear any confidentiality obligation, (4) information which was independently developed by the Customer without depending on the confidential information, and (5) information which was verified by the Company in writing as not being confidential.
２． The Customer shall use the confidential information only for the purpose of using the Service, and shall not provide, disclose or divulge the Company’s confidential information to any third party without obtaining the Company’s written approval.
３． Notwithstanding the provisions of Paragraph 2 of this article, the Customer may disclose confidential information based on an order, demand or request under laws or from a court or government agency; provided, however, that, when the Customer receives such order, demand or request, the Customer must promptly notify the Company to such effect.
４． When the Customer is to replicate a document or a magnetic recording medium containing the confidential information, the Customer shall obtain the Company’s prior written approval, and strictly manage the replications pursuant to Paragraph 2 of this article.
５． At any time when requested by the Company, the Customer must promptly return or destroy the confidential information, as well as any document or any other recording medium describing or containing the confidential information and all replications thereof, according to the instructions given by the Company.
Article 16 (Public Announcement)
The Company may publicly announce all or a part of the Customer’s company name, case studies and status of use of the Service by other Customers or Event Participants on the Company’s Website, social media, broadcast, publication or any other medium to the extent required for the public announcement of utilization records, advertisement and promotion of use of the Service or EventHub, and the Customer agrees in advance of the foregoing public announcement.
Article 17 (Effective Term)
The Service Agreement shall come into effect on the day that the Customer’s registration based on Article 3 is completed, and continue to remain in force between the Company and the Customer until the day the Customer’s registration is cancelled or the day that the provision of the Service is terminated, whichever is earlier.
Article 18 (Amendment to these Terms of Service)
１． The Company may freely change the contents of the Service or EventHub.
２． The Company may amend these Terms of Service (including the rules and regulations related to the Service posted on the Company’s Website; hereinafter the same shall apply). The Company shall disclose on the Company website （https://staging-testeventhub-stagesecret.kinsta.cloud/terms-of-service-customer/ ）the details of such amendment and the effective date prior to such effective date, and, after such disclosure, if the Customer uses the Service or fails to take steps for the cancellation within the period prescribed by the Company, the Customer shall be deemed to have agreed to the amendment of the Terms.
Article 19 (Communication/Notice)
Any inquiry related to the Service or any other communication or notice from the Customer to the Company, and any notice related to the amendment of these Terms of Service or any other communication or notice from the Company to the Customer, shall be made according to the method prescribed by the Company.
Article 20 (Assignment, etc. of these Terms of Service)
１． Without obtaining the prior written approval of the Company, the Customer may not assign or transfer to a third party, create security over, or otherwise dispose its status under the Service Agreement or the rights or obligations under these Terms of Service.
２． If the Company transfers the business of the Service to a third party (whether by way of business transfer, company split or any other method), the Company may assign, pursuant to such transfer, its status under the Service Agreement, rights and obligations under these Terms of Service, the Customer’s Registration Information and other customer information to the assignee, and the Customer agrees in advance to such transfer of this paragraph.
Article 21 (Entire Agreement)
These Terms of Service constitute the entire agreement between the Company and the Customer related to the matters included in these Terms of Service, and supersede any prior agreement, representation and understanding between the Company and the Customer, whether made verbally or in writing, related to the matters included in these Terms of Service.
Article 22 (Severability)
Even if it is determined that any provision of these Terms of Service or any part of such provision is deemed invalid or unenforceable based on the Consumer Contract Act or any other laws, the remaining provisions of these Terms of Service and the remaining parts of the provision in which a part thereof was deemed invalid or unenforceable shall continue to remain fully in force, and the Company and the Customer shall amend these Terms of Service to the extent required for causing such invalid or unenforceable provision or part to be lawful and enforceable, and endeavor to ensure the purpose of such invalid or unenforceable provision or part and effects which are legally and economically equivalent.
Article 23 (Surviving Provisions)
The provisions of Article 4, Paragraph 3, Article 5, Paragraph 3, Paragraph 5 and Paragraph 6, Article 6 (only when there is any outstanding payment), Article 7, Paragraph 2, Article 9, Paragraph 3, Article 10, Article 11, Article 12, Paragraph 2, Paragraph 4 and Paragraph 5, Article 13 to Article 16, and Article 20 to Article 24 shall continue to remain in force even after termination of the Service Agreement; provided, however, that Article 14 shall continue to remain in force only for a period of five (5) years after termination of the Service Agreement.
Article 24 (Governing Law and Competent Court)
These Terms of Service shall be governed by the laws of Japan, and any dispute arising out of or in connection with these Terms of Service shall be submitted to the Tokyo District Court as the competent court of agreed jurisdiction for the first instance.
Article 25 (Resolution through Consultation)
With regard to matters not prescribed in these Terms of Service or if doubts arise in the interpretation of these Terms of Service, the Company and the Customer shall promptly resolve such matters or doubts through consultation according to the principle of faith and trust.
[Amended on 6/23/2021]
[Amended on 9/21/2021]
[Amended on 10/3/2022]
EventHub K.K.