SPECIFIC TERMS AND CONDITIONS OF LINE SERVICES FOR BUSINESS PARTNERS: “LINE Shopping Live”

These Specific Terms and Conditions of LINE Services for Business Partners: “LINE Shopping Live” (these “Terms”) set forth the terms of use between LINE Taiwan Limited and/or its Affiliates (collectively, the “Company”) and its business partner (the “Partner”) relating to the use of any and all services and products concerning LINE Shopping Live provided by the Company (the “Service”).

 

Article 1. Definitions

1.1 “Account” means the corporate LINE account which the Company leases to the Partner to enable them to use the Services.

1.2 “Account Information” shall mean the ID and password for the Account, and any other information which is required for the use of the Services.

1.3 “content” means videos, images, text, audio files, music, software, programs, computer code and other information.

1.4 “Content” means content such as videos and images that may be browsed and accessed through the Service, including Partner Content (as defined below), as well as the data thereof.

1.5 “Partner Content” means content distributed or posted by Partner through the Service, including Partner Video (as defined below) and Comments posed by Partner (as defined below).

1.6 “Partner Video” means videos distributed by the Partner through the Service, including titles, names of distributors, introductory statements, etc.

1.7 “Comments Posted by the User” means thoughts, recommendations and other comments regarding Content posted by the User on the Service.

1.8 “Comments Posted by the Partner” means thoughts, recommendations and other comments regarding Content posted by the Partner on the Service. 1.9 “Separate Terms” means documents released or uploaded by the Company in relation to the Service, aside from these Terms, under the title “terms,” “guidelines,” “policy” or the like.

 

2. Consent to These Terms

2.1 The Partner may use the Service only in accordance with the provisions specified in these Terms. The Partner may not use the Service unless they validly and irrevocably consent to these Terms.

2.2 Those who have no capacity or limited capacity to make juridical acts, including but not limited to minors, may only use the Service if they obtain consent from a legal guardian such as minor’s parent.

2.3 By actually using the Service, the Partner are deemed to have validly and irrevocably consented to these Terms.

2.4 If there are any Separate Terms, the Partner shall also comply with the provisions of the Separate Terms in addition to those of these Terms.

 

3. Modification of These Terms

The Company may modify these Terms and Conditions when the Company deems it to be necessary, within the scope of the purposes of the Services. In such case, the Company will indicate the contents of the modified version of these Terms and Conditions, as well as the effective date of the modification, on the Services or on the Company’s website, or will publicize the same to Users by notifying Users in the manner prescribed by the Company.

 

4.1 The Partner shall not without prior written approval (including e-mail) of the Company allow third parties other than the Partner to use (meaning to access, send information from, or otherwise operate the Account in any way, and the same hereinafter) the Account.

4.2 The Partner shall on using the Account observe the provisions of the “General Terms and Conditions” and “Official Account Guideline” as set forth by the Company separately. Where there is a conflict between the contents of the forgoing two terms and these Terms, these Terms shall be applied in preference thereto.

4.3 The Partner acknowledges that Content which has been received by an User in the course of using the Services will be stored on that User’s terminal, and that they will be able to view that Content within the Services even after the expiry of these Terms.

4.4 When the Partner registers such Partner’s e-mail address and password upon use of the Service, the Partner shall, at its own responsibility, strictly manage the same to prevent any unauthorized use. The Company may deem any and all acts conducted within the Partner’s account as the acts conducted by such Partner.

4.5 If the Partner (in the case of an entity, its representative, officer, person who substantially holds management rights, agent or intermediary) falls under or is likely to fall under any of the circumstances specified below, or if the Company otherwise deems it to be necessary and appropriate, the Company may, without providing prior notice to such Partner, suspend or delete such Partner’s Account or the usage history thereof, or may terminate any agreement related to the Service between such Partner and Company. The Company shall not be liable, in any way, for any damage incurred by the Partner as a result of any act conducted based on this paragraph: (1) The Partner is an organized crime group, a member of an organized crime group, a quasi-member of an organized crime group, a company related to an organized crime group, a corporate racketeer (sokaiya), etc., a rogue advocating a social movement (shakaiundohyobogoro), a rogue advocating a political movement (seijikatsudohyobogoro), a special intelligence criminal organization (tokushuchinoboryokushudan), a person having a close relationship (including, without limitation, through the act of providing funds or other benefits) with any of the foregoing, or a person equivalent to any of the foregoing;

(2) The Partner damages the reputation of the Company or the Company acknowledges the likelihood thereof;

(3) The Partner is or is likely to be in violation of any applicable laws and regulations, these Terms or the Separate Terms or the Company acknowledges the likelihood thereof;

(4) The Company determines that the Partner is undergoing credit uncertainty, such as a petition for the commencement of bankruptcy, civil rehabilitation, corporate reorganization or special liquidation proceedings or other similar proceedings being filed in relation to the Partner;

(5) The Partner has not used the Service for a certain period of time or the Company determines, based on reasonable criteria, that the Partner will not use the Service in the future; or

(6) In addition to the preceding five (5) items, the Company. determines, based on reasonable criteria, that it is inappropriate to provide the Service to the Partner, such as in the case of the relationship of mutual trust being lost between the Partner and the Company.

 

5. Privacy

5.1 For the purpose of preparing statistical data, providing improved service and prevention of unauthorized use to the Partner, the Company shall acquire: (i) the Partners’ browsing and access history of the Content under the Service (e.g., titles of the Content, period of time and number of times of browsing and access); (ii) distribution and posting history of Partner Content; (iii) other Partner’ usage history of the Service; (iv)the profile information of the Partner (including profile picture and display name, etc.);(v)he information received or input by the Partner during live session (including live broadcast content, user input comments, etc.);(vi)live content related information (including live schedule, cover image, live broadcast status, URL link of live, etc.); and (vii)product information in live session (including product name, product price, product image, and the actual product shown in the live, etc.). Aside from the foregoing, personal information shall be handled in accordance with the LY Corporation Privacy Policy.

 

6. Ownership of Rights

Intellectual property rights and other rights pertaining to the Service (but excluding certain parts of the Content) shall belong to the Company. The intellectual property rights and other rights pertaining to the aforementioned certain parts of the Content shall belong to entities affiliated with the Company or other rights holders as designated by the Company.

 

7. Provision of Service

7.1 The Company shall grant the Partner non-exclusive rights to use the Service in accordance with these Terms and the usage conditions posted on the Service. Even if “Purchase,” “Sale,” etc. are displayed on the screen of the Service, no intellectual property rights or ownership pertaining to any services or content shall be transferred to the Partner, and only the aforementioned usage rights shall be granted to the Partner.

7.2 The Partner may not transfer or inherit their usage rights pertaining to the Service to any third party.

7.3 The Partner shall, at their own expense and responsibility, prepare any PC, mobile phone device, communication device, operating system, communication means, electricity, etc. which are necessary for using the Service.

7.4 The Company may provide all or any part of the Service to only specific Partner who satisfy conditions such as age, provision of Partner identification, provision of registered information, use area, usage status of the Account and other conditions that the Company deems to be necessary.

7.5 When the Company deems it necessary, the Company may modify, suspend or terminate all or any part of the Service, at any time, without providing prior notice to the Partner. Even if the Partner incur any damage or loss due to such modification, suspension or termination of the Service, the Company shall not be liable to provide compensation or indemnification therefor.

7.6 Certain parts of the Service may be subject to restrictions on method of use (including the App, Brower Version and other methods).

7.7 Certain parts of the Service may be unavailable to be used depending on the use area or usage status of the Account.

 

8. Advertising

The Company may distribute or post advertisements from the Company or a third party on the Service.

 

9. Services from Affiliated Entities

The Service may contain services or content provided by other entities affiliated with the Company. Any responsibility for such services or content shall be borne by the entity providing the same. Further, such services or content shall be subject to the applicable terms of use or other conditions set forth by the entity providing the same.

 

10. Content

10.1 The Content may be browsed or accessed by using the App or Browser Version or by other methods prescribed by Company. If there are any usage conditions set forth with respect to the Content, such as usage fees, use period and settlement method, the Partner shall comply with the same.

10.2 Certain parts of the Content may be subject to restrictions on the period for browsing or accessing the same.

10.3 Certain parts of the Content may be subject to restrictions on the method of use (including the App, Brower Version and other methods).

10.4 The Partner may not use the Content beyond the usage form intended under the Service (including acts of duplication, transmission, reproduction, alteration, etc.).

10.5 Certain parts of the Content may be unavailable to be browsed or accessed depending on the use area or usage status of the Account.

 

11. Partner Content

11.1 The Partner may distribute or post Partner Content on the Service in accordance with the “Usage Guidelines” or other methods prescribed by the Company. The Partner shall conduct distribution or posting of their own Partner Content and the Company shall not be liable, in any way, for distribution or posting of Partner Content conducted by the Partner. Furthermore, Partner Content distributed or posted by the Partner may not be deleted by the relevant Partner.

11.2 In order to distribute Partner Video, the Partner must take procedures such as LINE log-in or other procedures prescribed by the Company.

11.3 Any rights pertaining to Partner Content shall belong to the relevant Partner and the Company shall not acquire such rights.

11.4 The Partner shall grant the Company and other Users the rights to use that are necessary to browse or access Partner Content distributed or posted by such Partner through the Service (including reproduction for storing such Partner Content on a server and public transmission for displaying such Partner Content on the Users’ terminals), free-of-charge and without restriction on area and period.

11.5 The Partner shall grant the Company the rights to use and alter Partner Content distributed or posted by such Partner to the extent necessary for provision of the Service (including, without limitation, creation of banners and resizing of images), construction, improvement, maintenance, etc. of the Company’s system, free-of-charge and without restriction on area and period. In this case, the Company may omit part of such Partner’s information, including such Partner’s name.

11.6 The Partner shall grant the Company the rights to use Partner Content distributed or posted by such Partner through the Service, or other than through the Service, such as in magazines and websites, for the purpose of publicity and advertising of Partner Content, the Service or the Company. (including duplication, screen presentation, public transmission, recitation, exhibition, distribution, rental, translation and adaptation; hereinafter referred to as “use” in this paragraph), free-of-charge and without restriction on area and period. Furthermore, the Partner shall grant the Company and other Users the rights to use any part of Partner Content by utilizing functions provided in the Service by the Company through the Service or websites other than the Service, free-of-charge and without restriction on area and period.

11.7 The Partner shall manage and store, at their own responsibility, any and all data pertaining to Partner Content by way of backing up the same as appropriate, and the Company shall provide no guarantee whatsoever, including with regard to storage of data pertaining to Partner Content.

11.8 When it is necessary to confirm the status of compliance with the applicable laws and regulations, or these Terms, or if it otherwise becomes necessary for the Company, the Company may confirm the content of Partner Content; provided, however, that the Company shall not be obliged to make such confirmation.

11.9 The Company may freely set, change, etc. whether or not distribution or posting of Partner Content is permitted, as well as the location and duration for distribution or posting of Partner Content, etc. Furthermore, in cases where the Partner is in violation of applicable laws and regulations or these Terms, etc., where the retention period prescribed by the Company for Partner Content is elapsed, where the Company finds Partner Content to be inappropriate or otherwise at the Company’s sole discretion, the Company may suspend the public release of Partner Content or delete Partner Content, including but not limited to stopping the live broadcast at any time, without providing prior notice to the relevant Partner and Partner shall cooperate with the Company to suspend or delete such Partner Content if necessary.

11.10 The Partner warrants: that the content of Partner Content does not infringe upon any third party copyrights, trademark rights, patent rights, design rights, utility model rights, trade secrets, honor rights, likeness rights, privacy rights, publicity rights or other rights under applicable laws and regulations or contracts; that the content of Partner Content is not in violation of applicable laws and regulations; and that such Partner has legitimate authority to distribute or post Partner Content on the Service and also to grant the rights to use under Article 11.4 and 11.6.

11.11 If the Company is pursued by any third party or becomes subject to disposition by an administrative authority, etc. as a result of a violation specified in the preceding paragraph, the relevant Partner shall resolve such issue at its expense and responsibility, and the Company may demand such Partner to pay all of the loss and expenses incurred by Company. in relation thereto.

 

12. Prohibited Acts

The Partner shall not engage in any of the following acts upon using the Service:

12.1 Acts that violate applicable laws and regulations, court judgments, decisions or orders, or legally binding administrative measures;

12.2 Acts that may harm the public order or morals;

12.3 Acts that infringe upon the Company’s or any third party’s intellectual property rights such as copyrights, trademark rights, patent rights, honor rights, privacy rights and other rights under applicable laws and regulations or contracts;

12.4 Acts of distributing or posting: excessively violent or explicitly sexual expressions; expressions constituting child pornography or child abuse; expressions that lead to discrimination based on race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or promote suicide, self-injurious behavior or drug abuse; or expressions that include anti-social content or that cause discomfort to others;

12.5 Acts of impersonating the Company or a third party, or acts of spreading false information or information that is difficult to confirm whether it is true or false;

12.6 Acts of sending the same or similar Comments Posted by the Partner to a number of sections where Comments Posted by the Partner are posted (except for those approved by the Company) or other acts that the Company deems as spamming;

12.7 Acts of exchanging usage rights of the Service or the Content for cash, property or other economic benefits using any method other than the method prescribed by the Company;

12.8 Acts of using the Service for marketing, publicizing, advertising, solicitation or other profit making purposes (except for those approved by the Company); acts of using the Service for the purpose of sexual conduct or obscene acts; acts of using the Service for the purpose of meeting or dating a third party stranger (including distribution or posting of an ID of a Account, Etc.); acts of using the Service for the purpose of harassing, slandering or defaming other Users; or acts of using the Service for any purpose other than the purpose of use intended under the Service;

12.9 Acts of distributing or posting Partner Content by using illegal or inappropriate method;

12.10 Acts of providing anti-social forces with benefits or other cooperation;

12.11 Acts of solicitation regarding religious activities or religious groups; 12.12 Acts of illegally collecting, disclosing or providing other people’s personal information, registered information, usage history information, etc.;

12.13 Acts of causing interference with a server or network system of the Service; acts of illegally operating the Service by using bots, cheat tools or other technical measures; acts of intentionally exploiting a malfunction in the Service; acts of accessing the Service via communication terminals to which alteration such as routing or jail breaking has been conducted; acts of making unreasonable inquiries or demands to the Company, such as repeatedly asking the same question beyond necessity; and acts of preventing or interfering with the Company’s operation of the Service or the Users’ use of the Service;

12.14 Acts of supporting or promoting any of the acts constituting those specified in Articles 12.1 through 12.13; and

12.15 In addition to the above, any acts that the Company deems to be inappropriate.

 

13. Partner Responsibility

13.1 The Partner shall use the Service at such Partner’s own responsibility, and shall bear any and all responsibility for any acts conducted through the Service and any results thereof.

13.2 If the Company acknowledges that the Partner has used the Service in breach of these Terms or any Separate Terms or in a manner which the Company otherwise deems to be necessary and appropriate, the Company may take the measures specified below, without providing prior notice to such Partner; provided, however, that the Company shall not be obliged to prevent or correct such violation:

13.2.1 Suspension of publication or deletion of all or any part of Partner Content; 13.2.2 Suspension or revocation of usage rights of the Content;

13.2.3 Suspension or deletion of an Account, Etc. or the usage history thereof;

13.2.4 Suspension of use of all or any part of the Service; or

13.2.5 In addition to the above, any measures that the Company deems to be necessary and appropriate.

13.3 If the Company. incurs any direct or indirect damage (including burden of attorneys’ fees) as a result of the Partner’s use of the Service (including cases where the Company. receives complaints from a third party due to such use), such Partner must immediately provide compensation therefor pursuant to the Company’s request.

13.4 If the Company finds Comments Posted by the User to be inappropriate or otherwise at the Company’s sole discretion, the Company may notify Partner and Partner shall cooperate with the Company to suspend or delete such Comments Posted by the User according to the Company’s request.

 

14. The Company's Exemption

14.1 The Company makes no express or implied warranty that the Service (including the Content) is free from de facto or legal defects (including, without limitation, stability, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security-related faults, errors, bugs, performance of encryption or decryption, and infringement of rights). The Company shall not be obliged to provide the Partners with the Service after removing such defects.

14.2 The Company shall not be liable, in any way, for any damage incurred by the Partner arising from the Service.

14.3 Even in the case specified in the proviso of Article 14.2, the Company shall not be liable, in any way, for any damage arising from extraordinary circumstances (including cases where the Company or the Partner foresees or is able to foresee the occurrence of damage) among the damage incurred by such Partner as a result of default or tort due to the Company’s negligence (except for cases of gross negligence). Furthermore, the cap for the amount of compensation for damage incurred by the Partner as a result of default or tort due to the Company’s negligence (except for cases of gross negligence) shall be the amount of service fees that Company. received from such Partner in the month during which such damage occurred.

14.4 The Company shall not be involved in or liable, in any way, for any trouble, dispute, etc. occurring between the Partner and the User or any third party arising from the Service, including but not limited to the Comments Posted by the User and/or the Partner.

 

15. Governing Law, Jurisdiction

These Terms shall be governed by the laws of Japan. The Company and the Users agree that any disputes arising out of or in relation to these Terms shall be subject to the jurisdiction of the Tokyo District Court in the first instance.

 

Latest Update and Effective Date: October 1, 2023