Terms

1. Description of Service and Acceptance of Terms of Use

Nextage CO., LTD (“Nextage”, “we” or “us”) provides an online video distribution service offering a selection of performance and other content (collectively, the “Content”). Our video distribution service, the Content, our Apps or Web Site for viewing the Content (the “Player”) and any other features, tools, applications, materials, or other services offered from time to time by Nextage in connection with its business, however accessed, are referred to collectively as the “TheaterLive4u.”

The Content is available for permissible viewing on or through the following (collectively, the “Properties”):

The TheaterLive4u website (the “TheaterLive4u Site”); and Nextage authorized applications, features or devices. Use of the TheaterLive4u (including access to the Content) on the Properties is subject to compliance with these Terms of Use (“Terms of Use” or “Terms”) and any end user license agreement that might accompany a TheaterLive4u application, feature or device.

The TheaterLive4u are available on a paid-subscription-only basis, although we may make limited features of the TheaterLive4u available to you free-of-charge. (For example, you may access certain areas of the TheaterLive4u Site free-of-charge, and we may provide access to view certain Content free-of-charge.) In order to access the TheaterLive4u, you will be required to subscribe to the TheaterLive4u and pay a subscription fee. Information pertaining to subscriptions and fees is provided in Section 4, below.

It is our pleasure to provide the TheaterLive4u for your personal enjoyment and entertainment in accordance with these Terms of Use. To access and enjoy the TheaterLive4u, you must agree to, and follow, the terms and conditions set forth in these Terms of Use. By visiting the TheaterLive4u Site or using any of the TheaterLive4u (including accessing any Content) you are agreeing to these Terms. Please take a moment to carefully read through these Terms. It is our goal to provide you with a better user experience, so if you have any questions or comments about these Terms, please contact us at: info@kan-geki.com or at the address or telephone number at the end of this document.

2. Changes to the Terms of Use by Nextage

Nextage may amend these Terms of Use at any time by posting the amended Terms of Use on the TheaterLive4u Site at http://kan-geki.com/ . If we make a material amendment to these Terms of Use, we will notify you by posting notice of the amendment on the TheaterLive4u Site. Any material amendment to these Terms of Use shall be effective automatically 30 days after it is initially posted or, for users who register or otherwise provide opt-in consent during this 30 day period, at the time of registration or consent, as applicable.

3. Access and Use of the TheaterLive4u

Your License.
Subject to your payment of the subscription fees and compliance with these Terms, Nextage is pleased to grant you a non-exclusive limited license to use the TheaterLive4u on the Properties, including accessing and viewing the Content on a streaming-only basis through the Player, for personal, non-commercial purposes as set forth in these Terms.

The Content.
You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Nextage in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Nextage in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Nextage. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Nextage in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

The Player.
You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Player in any manner that enables users to view the Content without:

displaying visibly both the Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Player is located; and
having full access to all functionality of the Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.

Ownership.
You agree that Nextage owns and retains all rights to the TheaterLive4u. You further agree that the Content you access and view as part of the TheaterLive4u is owned or controlled by Nextage and TheaterLive4u’s licensors. The TheaterLive4u and the Content are protected by copyright, trademark, and other intellectual property laws.

Your Responsibilities.
In order for us to keep the TheaterLive4u safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the TheaterLive4u for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the TheaterLive4u, Content, and Player restrictions detailed above, and further agree that you will not access the TheaterLive4u Site or use the TheaterLive4u in a way that:

violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights; uses technology or other means to access, index, frame or link to the TheaterLive4u (including the Content) that is not authorized by TheaterLive4u (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the TheaterLive4u);
involves accessing the TheaterLive4u (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the TheaterLive4u and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content); introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; damages, disables, overburdens, impairs, or gains unauthorized access to the TheaterLive4u, including Nextage’s servers, computer network, or user accounts;
removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the TheaterLive4u (including the Content); uses the TheaterLive4u to advertise or promote services that are not expressly approved in advance in writing by Nextage;
collects personally identifiable information in violation of Nextage’s Privacy Policy;
encourages conduct that would constitute a criminal offense or give rise to civil liability;
violates these Terms or any guidelines or policies posted by Nextage; interferes with any other party’s use and enjoyment of the TheaterLive4u; or attempts to do any of the foregoing.
If Nextage determines in its sole discretion that you are violating any of these Terms, we may

notify you, and
use technical measures to block or restrict your access or use of the TheaterLive4u. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the TheaterLive4u, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

Downloads.
In order to participate in certain TheaterLive4u or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

Suspension/Discontinuation.
We hope not to, but we may change, suspend, or discontinue (temporarily or permanently) some or all of the TheaterLive4u (including the Content and the devices through which the TheaterLive4u are accessed), with respect to any or all users, at any time without notice. You acknowledge that Nextage may do so in Nextage’s sole discretion. You also agree that Nextage will not be liable to you for any modification, suspension, or discontinuance of the TheaterLive4u, although Nextage may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if Nextage terminates your account or suspends or discontinues your access to TheaterLive4u due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.

Internet Access Charges.
You are responsible for any costs you incur to access the internet.

Customer Service.
If we can be of help to you, please do not hesitate to contact our customer service department by clicking here or by contacting us at the address or telephone number listed below. It would be our pleasure to serve you.

4. Subscriptions and Billing

Access to the Content in the TheaterLive4u requires payment by you of a subscription fee.

If payment is made by Apple Inc.'s In App Purchase (referred to as "Auto Renewable Subscriptions", hereinafter referred to as "Apple Renewable Subscriptions"), the term of validity of the contract and the usage fee will differ, so please refer to the following (*1 Points to remember about using Apple Payment).

You can find the specific details regarding your subscription to TheaterLive4u at any time by clicking on Your Account. You agree that your TheaterLive4u account is for individual use only and your TheaterLive4u account is limited to only one simultaneous stream at a time. Additionally, you agree that for various reasons, such as restrictions from content licensors and other limitations or considerations from third parties, certain Content that may be accessible through one Property may not be accessible through other Properties.

For consistency, a “day” for purposes of these Terms of Use begins at 12:00 a.m. Japan Standard Time and ends at 11:59 p.m. Japan Standard Time of that same calendar day.

Billing.
By signing up for your TheaterLive4u subscription, you are expressly agreeing that we are authorized to charge you a monthly subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the TheaterLive4u (collectively “Monthly Subscription Fee, etc.”) to the credit card or other payment method accepted by Nextage (“Payment Method”) that you provided during registration.

When you use your Payment Method, you agree the following in addition to the terms and conditions set by your credit card issuing company or such other terms and conditions regarding Payment Method.

As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is later, and on each monthly renewal thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for your next renewal period, go to the billing information section on Your Account page.

We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription. However, if you change your Payment Method, this could result in changing the calendar day upon which you are billed. In the event your subscription began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on March 31, your Payment Method would next be billed on April 30. You acknowledge that the amount billed each month may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If Nextage changes the subscription fee or other charges for the TheaterLive4u from time to time, we will post advance notice of these changes on the TheaterLive4u Site. However, we will not be able to notify you of changes in any applicable taxes.

All fees and charges are nonrefundable. Very rarely, if there are special circumstances where Nextage determines it is appropriate (e.g., the TheaterLive4u are unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at Nextage’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.

Ongoing Subscription and Cancellation.
Your TheaterLive4u subscription will continue in effect on a month-to-month basis unless and until you cancel your subscription, or until the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews each month in order to avoid the next month’s billing. We will bill the monthly subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription during a given month, you will not receive a refund but you will continue to have access to the TheaterLive4u for the remainder of that month. For instructions on how to cancel your account, please see Section 5, below.

Unpaid Amounts.
In order to sustain the TheaterLive4u, it is important that each user of the TheaterLive4u honor the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with the TheaterLive4u. You will remain liable to Nextage for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.

Free Trials.
On occasion, we may be authorized to offer the use of the TheaterLive4u through free trials for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the marketing material describing the particular free trial. We are unable to accommodate combining free trials with any other offers. To view the specific details regarding your free trial, if any, click on Your Account.

Once your free trial period ends, we will begin billing your Payment Method for monthly subscription fees corresponding to your subscription plan (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer.

It is very important to understand that you will not receive a notice from Nextage that your free trial subscription has ended or that your paying subscription has begun. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Japan Standard Time on the last day of your free trial period. You can cancel your account and your subscription by following the instructions provided in Section 5, below. We will continue to bill your Payment Method on a monthly basis for your subscription plan until you cancel or the subscription or service is otherwise suspended or discontinued pursuant to these Terms. You may cancel your subscription at anytime. To the extent TheaterLive4u subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that Nextage will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services.

※1 Points to remember about using Apple Payment

5. Subscriber Accounts

In order to subscribe to the TheaterLive4u, you will be required to create an account with TheaterLive4u.

You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms of Use and you agree to be responsible for their use of the TheaterLive4u.

All account information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Nextage representative. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify us by clicking here and completing the form as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your account information changes, in case we need to contact you.

You may terminate your account by going to Your Account page, and choosing the “Sign out from TheaterLive4u” option. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.

We reserve the right to immediately terminate or restrict your account or your use of the TheaterLive4u or access to Content at any time, without notice or liability, if Nextage determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the TheaterLive4u or access to Content if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the TheaterLive4u servers being made or the volume of User Material (as defined below in Section 7) being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.

6. Collection and Use of Personal information

For information about Nextage’s policies and practices regarding the collection and use of your personally identifiable information, please read Nextage’s Privacy Policy located here. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on the TheaterLive4u Site and use of the TheaterLive4u on any of the Properties are governed by the Nextage Privacy Policy in effect at the time of your use.

7. User Reviews, Comments, and other Material

Your Posts.
As part of the TheaterLive4u, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the TheaterLive4u enjoyable for all of our users, you must adhere to the rules below.

Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the TheaterLive4u. Moreover, you must not Post User Material that:

is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Nextage (in Nextage’s sole discretion);
links to infringing or unauthorized content; or
improperly claims the identity of another person.
Please note that we use your name as your user ID and therefore your name will appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personally identifiable information, such as your email address, telephone number, or street address.

You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Nextage the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Nextage will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that Nextage does not guarantee any confidentiality with respect to any User Material.

By Posting User Material, you are not forfeiting any ownership rights in such material to Nextage. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant Nextage a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the TheaterLive4u worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to Nextage is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Nextage), fully-paid, royalty-free (meaning that Nextage is not required to pay you for the use of your User Material), and sublicensable (so that Nextage is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the TheaterLive4u). By Posting your User Material, you also hereby grant each user of the TheaterLive4u a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the TheaterLive4u and under these Terms of Use.

Third Party Posts.
Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Nextage does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Nextage. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Nextage assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Nextage with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a “report” feature through the TheaterLive4u is not available for a specific instance of inappropriate User Material, please email contact@i-nextage.co.jp (subject line: “Inappropriate User Material”).

8. Trademarks

TheaterLive4u, the TheaterLive4u logo, http://kan-geki.com/, and other TheaterLive4u marks, graphics, logos, scripts, and sounds are trademarks of Nextage. None of the TheaterLive4u trademarks may be copied, downloaded, or otherwise exploited except by leave on Nextage.

9. Disclaimer of Warranties, Limitation of Liability and Indemnity

While we do our best to provide the optimal performance of the TheaterLive4u, you agree that use of the TheaterLive4u is at your own risk. The TheaterLive4u, including the TheaterLive4u site and the other properties, the Content, the Player, User Material, and any other materials contained on or provided through the properties, are provided "As Is" and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, and to the fullest extent Permitted by law, Nextage does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or noninfringement; or that the TheaterLive4u will be uninterrupted, free of viruses and other harmful components, accurate, error free, or reliable.

To the fullest extent permitted by law, in no event shall Nextage or its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and Content licensors) (collectively, the “Naxtage Parties”), be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages, including loss of profits, arising out of or in any way related to the use of the TheaterLive4u (including any information, products, or services advertised in, obtained on, or provided through the properties), whether based in contract, tort, strict liability, or other theory, even if the Nextage Parties have been advised of the possibility of damages; provided, however, that to the extent these terms of use are subject to the consumer contract act, the foregoing limitation of liability shall not apply with respect to damages arising out of any Nextage Party’s gross negligence or intentional misconduct. Certain laws (such as the consumer contract act) may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you. In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount paid by you to us, if any, for accessing or participating in any activity related to use of the TheaterLive4u or 4,000 JPY (whichever is less).

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Nextage Parties from and against any and all liabilities, claims, damages, expenses (including reasonable attorneys’ fees and costs), and other losses arising out of or in any way related to your breach or alleged breach of these terms or your use of the TheaterLive4u (including your use of the Content). Nextage reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

10. General information

Choice of Law and Forum.
These Terms of Use are governed by, and construed in accordance with, the laws of Japan. In the event of a claim by you against Nextage, or by Nextage against you, you agree to submit to the exclusive jurisdiction of the Osaka District Court.

No Waiver/Reliance.
If you see other parties violating these Terms, we would appreciate it if you would let us know at info@kan-geki.com (subject line: “TOU Violation”). Precisely how Nextage responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon Nextage’s precise response with respect to one party or one situation as any indication of what Nextage might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, Nextage’s decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. Even if Nextage acts in a way that appears to you to be inconsistent with these Terms of Use, Nextage’s action shall not be deemed a waiver or constructive amendment of these Terms.

Integration, Amendment, and Severability.
Please note that these Terms of Use, including Nextage’s Privacy Policy which is incorporated in these Terms and any end user license agreement that might accompany Nextage authorized applications, features and devices, constitute the entire legal agreement between you and Nextage and govern your use of the TheaterLive4u (including your use of the Content) (but excludes any services, if any, that Nextage may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and Nextage in relation to the TheaterLive4u. Except as set forth in Section 2 above, these Terms may not be amended or varied except in a writing signed by Nextage. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes, a signature or “signed” writing or written agreement may not include an electronic or digital signature. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Contact Information.
If you have any questions or comments about these Terms, or if you have questions pertaining to your subscription, please contact our customer service department at the contact information listed below.

Nextage CO., LTD
Address : 3F, NT Bldg, 4-6-13, Nipponbashi, Naniwa-ku, Osaka, Japan
Tel: +81(0)-6-6599-8191 (Japanese only)
Email: info@kan-geki.com