Membership Agreement

Membership Agreement

This agreement stipulates the matters necessary for the use of Tomohisa Yamashita official fan club “Heart9” (hereinafter referred to as “the Association”), which is operated by All Year Entertainment Co. In order to use this Association, you need to agree to these terms and conditions. If you do not agree to the Terms, you will not be able to use the Association or the services provided by the Association. These Terms of Use shall apply to the use of the Association, and you are required to comply with these Terms of Use.
The services provided by the Company and the Association will be operated and managed by Fantech Corporation on behalf of the Company. The Association will use “hubsynch” (hereinafter referred to as “hubsynch”), a membership management and payment management system provided by hubsynch, Inc. (“hubsynch”). Therefore, you may receive e-mails from “hubsynch” when using the Service. You are also required to comply with the terms of use of hubsynch when using the Association.

Article 1 Purpose

Tomohisa Yamashita Official Fan Club “Heart9” (hereinafter referred to as “the Association”) is composed of members who support Tomohisa Yamashita, and the purpose of the Association is to support Tomohisa Yamashita.

Article 2 Membership Agreement

1. This Agreement shall apply to all cases in which Members (as defined in Article 4) use the services of the Association. Members who join the Association shall be deemed to have agreed to the terms of this agreement.
2. In the event of any discrepancy between these Terms and Conditions and the Terms of Use, etc. presented separately, the provisions of the Terms of Use, etc. shall take precedence.
3. The Association may change the Terms and Conditions by giving notice to members as specified in Article 3.
4. In the event that the Terms of Use are amended, all matters related to the Association shall be governed by the amended Terms of Use.
5. If a member continues to use the Association after the change in the Terms of Use, the Association will consider that the member has accepted the changed Terms of Use.
6. Members shall fully understand the contents of the preceding paragraphs and shall periodically check the contents of this agreement.
7. The Association shall not be liable for any damages incurred by members as a result of changes to this agreement, regardless of whether such damages are direct or indirect, and regardless of whether such damages were foreseeable or not.

Article 3 Notification to Members

1. The Association will notify members of necessary information by displaying it on the website operated by the Association, by e-mail, or by any other method the Association deems appropriate.
2. Members shall be obligated to promptly confirm the matters set forth in the preceding paragraph.
3. Members agrees that any notice (displayed on the website or sent by e-mail) provided in Paragraph 1 of this Article shall be deemed to have reached members at the time when the Association sends such notice.

Article 4 Membership

1. The term “Member” as used in this Agreement shall mean an individual who has applied for membership in accordance with the procedures specified by the Association, who has accepted these Terms of Use, who has applied for membership in the manner specified by the Association, who has been approved by the Association, who has paid the annual membership fee by the specified date, and who complies with the following items
   （1）Made no false declarations regarding all items of registration information declared by the member at the time of admission.
   （2）Resides outside of Japan.
   （3）You must be an individual, not a corporation.
   （4）You must not have already registered as a member. That is to say, the same individual must not have multiple memberships.
   （5）Do not use your membership status or rights for any purpose other than personal enjoyment.
2. The Association reserves the right to revise the Terms without prior notice. The revised Terms of Use shall be announced by the Association and shall be effective from the time they are made available to members.
3. Members who joined prior to the revision of the terms and conditions in the previous section may withdraw their membership if they have any objection to the revised terms and conditions. However, annual membership fees that have already been paid will not be refunded under any circumstances.

Article 5 Membership Benefits

1. Members are entitled to the following benefits.
   （1）Issuing of digital membership card
   （2）Publication of digital fan magazine (updated frequently)
   （3）Receive Digital greeting cards (frequently)
   （4）Receive Birthday emails
   （5）Access to members-only pages on the official fan club site
   （6）Ticket pre-order sales
   （7）Invitation to participate in members-only events
   （8）Information mailings (frequent)
   （9）Digital loyalty benefits (when the membership is renewed)
2. The Association shall not be held responsible for any disadvantage caused by the lack of use of computers, smartphones, or the Internet by members, such as the inability to receive some member benefits or delays in the transmission of information.

Article 6 Annual Membership Fee

Members shall pay the annual membership fee specified below at the time of admission and at the time of extending the period of validity of membership as specified in Article 9, using the method specified by the Association. For the first year, one year’s annual membership fee shall be paid in advance, and for the second and subsequent years, payment shall be as described in Article 9.

1. Annual membership fee: 4,400 yen (tax included)

Article 7 Approval of Membership

1. The Association will accept applications for membership through the method designated by the Association, and will approve membership after the necessary screening and procedures have been completed.
2. Even after the approval of membership, the Association may withdraw the approval if it is found that the approved member falls under any of the provisions of Article 11 of this Agreement.
3. Children under the age of 16 are not allowed to register.

Article 8 Use of the Society’s Services

1. Members can log in to the Association’s website and browse the members-only web contents by entering their registered e-mail address and password in the manner prescribed by the Association.
2. The Association may limit the use of credit cards to persons over a certain age or impose conditions on the use of services provided by the Association.
3. The use of the services of the Association shall be in accordance with the “User’s Guide” on the Association’s website, and members shall be sure to check it before using the services. Any changes to the “User’s Guide” shall be made in accordance with the procedures described in Article 3 of this Agreement.

Article 9 Period of Validity of Membership

1. The period of validity of membership (hereinafter referred to as “validity period”) is one year from the date of admission.
2. The date of admission to membership shall be in accordance with the guidance separately provided by the Association according to the type of payment of the person who wishes to become a member.The enrollment date for Heart9 shall be the first day of the month following the date on which the payment of the annual membership fee is confirmed by the Association.For example:For payments made between March 1, 2021 and March 31, 2021 →Validity period: April 1, 2021 (date of admission) to March 31, 2022
3. Members who wish to continue their membership shall pay the annual membership fee for the next year in the prescribed manner from three months prior to the expiration month to the expiration date of the membership period, and the membership period shall be extended for one year after the Society confirms the payment.For example: For payments made between March 1, 2021 and March 31, 2021 → Effective period: April 1, 2021 to March 31, 2022 → Renewal procedure: 1 year extension until the end of March 2023 if payment is received between January 1, 2022 and March 31, 2022. If the Association is unable to confirm payment from a member, the member shall be deemed to have withdrawn from the membership.
4. After the expiration of the membership period, a new membership will be issued and a new membership number will be issued. If the renewal procedure is not completed within the validity period, the membership will be automatically cancelled.
5. About three months prior to the expiration of the membership period, the Association will notify the member of the renewal procedure by e-mail or on the Association’s website. The member shall follow the instructions for renewal.

Article 10 Obligations of Members

1. The Company shall not be held responsible for any failure to reach the member with notices from the Company as a result of the member’s failure to notify the Company of the above.
2. The member shall be responsible for managing the digital membership card, membership number, and password granted by the Association, and the Association shall not be held responsible for any damage caused to the member due to insufficient management of these items, errors in use, or use by a third party
3. At performances and events, Heart9 or other parties entrusted by the Association may ask members to present their digital membership cards and identification documents. Please be sure to carry these documents with you to performances and events. Members who are asked to present their digital membership cards shall comply with the request. If they do not comply with the request or do not carry their digital membership cards, they may be asked to leave the venue of the performance or event. In such a case, no refund of the ticket price or any other compensation can be claimed.

Article 11 Prohibited Matters

Members shall not engage in any of the following acts when using the Association. In addition, the Association shall determine and take action on a case-by-case basis in the event that an event not specified in this Article occurs. The Association will not accept any complaints or protests regarding such matters.

（1）Actions that violate the purpose of Article 1.
(2) Use of all data, information, text, sound, images, illustrations, etc. obtained through the Association (hereinafter collectively referred to as “Data, etc.”) for the purpose of reproduction, sale, publication, making available for broadcast, etc., or distributing information to unspecified large numbers of people by means of websites, e-mails, etc., beyond the scope of private use permitted by the Copyright Act in Japan.
(3) Actions that infringe or may infringe on the property, privacy, or portrait rights of Tomohisa Yamashita or any other third party.
(4) To slander Tomohisa Yamashita or any other third party, to defame or discredit them, or to do anything that may do so.
(5) Assigning, lending, or changing the name of the ticket reservation rights, tickets, or any other rights obtained through membership privileges to a third party, such as reselling them to a third party through an Internet auction, ticket store, or duff shop, or pledging or otherwise offering them as collateral.
(6) Use of the Association to engage in activities for the purpose of profit for oneself or a third party, or activities for the purpose of preparing for such activities.
(7) Use of the Association for pre-election campaigning, election campaigning, or any other similar activities, as well as any activities in violation of the Public Offices Election Law.
(8) Religious acts, including the promotion of religions, and acts related to religious associations, such as the establishment and activities of religious organizations and membership in religious organizations, using the Association.
(9) Acts of harming Tomohisa Yamashita or his staff. Any act equivalent to that. (Especially chasing by cab or other vehicles)
(10) False applications in the registration of member information.
(11) Impersonating another person, intentionally providing false information, joining despite having no intention of paying, and other fraudulent acts.
(12) In addition to the above, acts that violate the laws and regulations of each country or public order and morals, or acts that interfere with the operation of the Association.

Article 12 Loss of Membership

1. The Association may terminate the membership of any person who falls under any of the following items.
   (1) In the event that a member wishes to withdraw from the Association. If a member wishes to withdraw from the society, the society shall suspend all membership services after the expiration of the membership period or the completion of withdrawal procedures, and the member shall lose all rights as a member.
   (2) When any of the following items apply.
   ・In the event that the member no longer satisfies the conditions of Article 4, Paragraph 1 after joining.
   ・In the event that a Member commits any of the prohibited acts listed in Article 11, or any other acts in violation of this Agreement.
2. In the event that a member is disqualified from membership, regardless of the reason, the annual membership fee paid will not be refunded. In addition, a member who has been disqualified from membership may not exercise any rights, including claims for damages.
3. If there are tickets that have been purchased or paid for under the membership privileges of the Association at the time of the forced withdrawal, the right to enter the venue with those tickets will be invalidated and the paid amount may be refunded.
4. Regardless of what is stated in Paragraph 1 of this Article, if the Association determines that there is malicious conduct, the member in question shall be forcibly withdrawn from the Association. In such a case, the annual membership fee paid by the member will not be refunded regardless of the reason. In addition, a member who has been expelled from the Association will not be able to exercise any rights, including claims for compensation for damages.

Article 13 Disclaimer

1. The Association shall not be liable for any damage caused to members in relation to the use of the Association, unless the damage is attributable to the Association.
2. Questions about Tomohisa Yamashita’s official fan club operation and membership will be accepted only by this association.
3. The Association reserves the right to change the membership privileges and other services of the Association without any prior notice to the members.
4. In the case of the preceding paragraph, the Association shall notify the member after the fact using the method specified in Article 3.
5. If you miss the deadline without checking the notice with the application deadline, your right to apply will be lost. We will not be able to accept any inquiries after the deadline for acceptance.
6. The Company shall not be liable for any damage caused by interruption, suspension, discontinuation, or loss of data in the system due to communication line or computer failure, damage caused by unauthorized access to data, or any other damage caused to members in relation to the use of the Association.
7. The Association does not guarantee that e-mails sent to members from the Association’s Web pages, servers, domains, etc., or the contents of the Association’s Web pages are free of computer viruses or other harmful components.
8. The Association shall not be responsible for any failure in the use of the fan club service due to reasons attributable to the member.
9. The Society shall not be responsible for any incomplete procedures or accidents caused by each financial institution.
10. In the event that the Association notifies the member in the manner specified in Article 3, the member shall not be able to raise any objection even if the member is not in an environment where the media in question is available.

Article 14 Withdrawal from membership, etc.

1. If a member wishes to withdraw from the Association, the member shall notify the Association in the prescribed manner.
2. When a member withdraws from the membership, the Association shall not refund any membership fees or service fees that the member has already paid.
3. The member shall not be exempted from the obligation to pay the usage fees for the services of the society even after the withdrawal of the membership, if the obligation to pay such fees has been incurred at the time of withdrawal.

Article 15 Handling of Personal Information

The Association has established separate “Privacy Policy,” “Handling of Personal Information,” and “Cookie Policy” regarding matters related to the handling of members’ personal information. Members shall agree that the Association shall handle their personal information in accordance with the said regulations.

Article 16 Suspension of Service, etc.

1. The Association may suspend or discontinue the provision of all or part of the services of the Association without any prior notice to members due to Tomohisa Yamashita’s circumstances, the operation of the Association, or other unforeseen circumstances.
2. The Association may suspend or discontinue the provision of all or part of the services of the Association without prior notice when necessary for regular or emergency maintenance of the system, when the system is damaged in a way that is difficult to recover from due to a power failure or the actions of a third party, or for any other reasonable reason. In such cases, the Association may suspend or discontinue all or part of its services without prior notice to members.
3. In the case of each of the preceding paragraphs, the Association shall notify the member after the fact by the method specified in Article 3.

Article 17 Dissolution of the Association

1. The Association shall be dissolved when it is judged that it is difficult to continue the operation of the Association due to Tomohisa Yamashita’s activities or other circumstances.
2. In the case of the preceding clause, the Association shall not refund any membership fees that have already been paid to the member.

Article 18 Compensation for Damages

Members shall be liable to compensate for any damage caused to the Association or any other third party in connection with the use of the Association due to reasons attributable to them.

Article 19 Resolution of Disputes

1. In the event that a problem arises with regard to the operation of the fan club that cannot be resolved in accordance with the terms of this agreement, the association and the member shall discuss and resolve the problem in good faith.
2. In the event that a dispute is to be resolved through litigation, the Tokyo District Court or the Tokyo Summary Court shall be the exclusive court of first instance, depending on the jurisdiction of the case.

Article 20 Contact

The contact information for inquiries about the Association is as follows
〒106-0031
Kasumicho Corp B1F, 3-21-20 Nishi-Azabu, Minato-ku, Tokyo, Japan
Tomohisa Yamashita Official Fan Club “Heart9”
customer@global.tomohisayamashita.com
(Please note that the website may be closed during the year-end and New Year holidays.)

Above.
All Year Entertainment Corporation
Date of enactment: Enacted on August 3, 2021