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.

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> for iOS devices: (i) Apple Inc.’s In App Purchase (which refers to Auto Renewable Subscriptions; the “Apple Account Settlement”), and (ii) 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.

3. Automatic Continuous Payment Method (Apple Account Settlement)

If <niconico premium members> use <niconico premium> by the Apple Account Settlement, the service fee for <niconico premium> shall be 990 yen per month (incl. consumption tax) or 9,900 yen per year (incl. consumption tax). The agreement regarding the use of <niconico premium> between a user who selects the monthly fee payment method and the operating company shall be automatically renewed every month, and the agreement between a user who selects the annual fee payment method and the operating company shall be automatically renewed every year (automatic continuous payment). The service fee shall be paid through the Apple Account that the user holds.

The agreement regarding the use of <niconico premium> between a user and the operating company shall be automatically renewed within 24 hours immediately before the expiry of the effective period of one month or one year, and after the automatic renewal, the service fee for one month or one year shall accrue again. Therefore, if a user wishes to terminate the agreement with the operating company without renewal, the user is required to cancel the automatic continuous payment setting at least 24 hours before the one month or one year period of use expires (the agreement may not be terminated during the effective period).

This automatic continuous payment setting can be changed (turned off) by canceling the subscription in the App Store.

Instructions for cancellation can be found here.

If the agreement regarding the use of <niconico premium> between a user and the operating company is terminated during the effective period, no refund shall be made, including the fee calculated on a per diem basis. Only where the agreement is terminated by users, users may continue using <niconico premium> during the period for which the service remains available with the paid fee after termination.

4. Handling After Termination of Agreement

If an agreement under the monthly/annual fee payment method by means of the Apple Account Settlement fails to be automatically renewed, 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. 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.

7. 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.

8. 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.

9. 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.

10. 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.”

■ “Niconico Premium Terms of Use”

1. Application of these Terms