These LIVE Co-Broadcast Feature Terms and Conditions of Use (these “Terms and Conditions”) set forth the terms and conditions for use of LIVE Co-Broadcast Feature (the “Service”) provided by LY Corporation (“we”, “our”, or “our company”) and distributed by LINE Company (Thailand) Limited as to users of the Services (the “User” or “Users”, depending upon the context). “User” shall cover any and all persons using the Service including agency, advertiser, or sellers of LINE SHOPPING.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICE SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS AND OBLIGATIONS WITH RESPECT TO THE SERVICE.
Users agree that the usage of this Service by Users will be considered binding and definitive. We recommend the Users carefully read these Terms and Conditions provided by our company, our Affiliate, and/or the agency designated by our company or its Affiliate prior to usage. Please note that these Terms and Conditions constitute the agreement applicable between Users and our company in respect of the usage of the Service provided by our company.
Please note that these Terms and Conditions shall be an integral part of the LINE SHOPPING LIVE (For Seller) Terms and Conditions of Use . For clarity, in case of dispute, inquiry, and/or interpretation incurred between our company and Users where these Terms and Conditions do not provide an explicit provision to address such issue, the provision in the LINE SHOPPING LIVE (for Seller) Terms and Conditions of Use shall be applied mutatis mutandis.
1. Definitions
1.1 "Affiliate“ shall mean any entity (such as a corporation, partnership, or limited liability partner) that controls or is controlled by or under common control with our company, and “control” for such purpose means (i) beneficial ownership of more than fifty percent (50%) of the voting securities of a corporation or other business organization with voting securities, or (ii) more than fifty percent (50%) interest in the net assets or profits of a partnership or other business organization without voting securities.
1.2 “Business Day” shall mean any days which are not Saturday, Sunday, or a public holiday in Thailand, pertaining to internal holidays of our company and/or its Affiliate.
1.3 “LIVE Co-Broadcast Feature” shall mean the feature that broadcasts the live show of Users using the LINE SHOPPING LIVE service via LINE SHOPPING Official Account within the specific time and the period as mutually agreed by our company and/or its Affiliate and Users.
1.4 “LINE SHOPPING Official Account” shall mean the LINE official account owned and operated our company or its Affiliate which is a communication channel for dissemination of various contents in relation to LINE SHOPPING service, pertaining to the LIVE Co-Broadcast Feature, to the viewers who add the LINE official account as a friend.
2. Agreement to these Terms and Conditions
2.1 All Users shall use the Service in accordance with these Terms and Conditions. Users may not use the Service unless they agree to these Terms and Conditions.
2.2 Users who are minors may only use the Service by obtaining prior consent from their parents or legal guardians. The foregoing individual’s use of the Services shall be deemed that his or her parents have agreed to such individual’s use of the Services.
3. Modification to these Terms and Conditions
We may modify these Terms and Conditions in accordance with the relevant laws and regulations when modification becomes necessary within the scope of the purposes of the Service. In such case, we will indicate the contents of the modified version of these Terms and Conditions, as well as the effective date of the modification, on the Service or on our website, or will publicize the same to Users by notifying the Users in the manner as prescribed by our company. The modified version of these Terms and Conditions shall become effective as of the effective date thereof.
4. Account
4.1 Users shall have the account necessary for using LINE SHOPPING LIVE service first in order to be eligible for using the Service.
4.2 Pursuant to Article 4.1, Users may not be able to use the Service if the account necessary for using LINE SHOPPING LIVE service is deleted for whatever reasons.
5. Provision of the Service
5.1 The Service is the supplementary communication channel that aims to broadcast the Users’ live show (where the Users are using the LINE SHOPPING LIVE service) via the LINE SHOPPING Official Account (apart from other channels where Users shall be entitled under LINE SHOPPING LIVE service) for the specific period and time as mutually agreed by our company or its Affiliate and Users.
5.2 We may provide access to all or part of the Service to Users who satisfy conditions that we consider necessary, such as Users already purchased the LINE SHOPPING LIVE usage package which has yet to be expired, Users already purchased the valid Service usage package, the requested date and period of using the Service has been approved by our company or its Affiliate.
5.3 Should Users use the LIVE Co-Broadcast Feature longer than or not according to the previously agreed period without our approval and/or our fault, we may terminate the Service immediately without prior notice to Users. Please note that the termination of the LIVE Co-Broadcast Feature will affect the broadcast of the Users’ live show in the LINE SHOPPING LIVE Service currently being held by the Users at the same time.
5.4 We reserve the right to modify or terminate, at our discretion, all or part of the Service or the LIVE Co-Broadcast Feature as we determine necessary at any time without any prior notice to Users.
5.5 We may cease providing, or may suspend or take down all or part of the Service without any prior notice to Users in case of the occurrence of any of the following:
(1) When the service fee is not paid;
(2) When conducting maintenance or repair of systems;
(3) When the Service cannot be provided due to force majeure such as an accident (fire, power outage, etc.), act of God, war, riot, labor dispute;
(4) When there is system failure or heavy load on the system;
(5) When securing the safety of Users or third parties, or in the case of an emergency for the public welfare;
(6) When Users, either intentionally or negligently, log out the LINE SHOPPING LIVE Service in the course of live and then fail to log in within 10 (ten) minutes after the occurrence of such log-out;
(7) When Users use the LIVE Co-Broadcast Feature longer than the previously agreed period without our approval and/or our fault as stated in Article 5.3;
(8) When Users, either intentionally or negligently, use the LIVE Co-Broadcast Feature outside of the date and period as earlier approved by our company or its Affiliate subject to conditions as specified in Article 5.3, 8.7, and 8.8 hereof;
(9) When Users conduct the prohibited acts as contained in the LINE SHOPPING LIVE Terms and Conditions of Use or LINE Official Account Terms of Use ;
(10) When there is any breach from Users of these Terms and Conditions;
(11) When our company and its Affiliates have been reported of takedown notice as required by relevant law; or
(12) When we reasonably determine it to be necessary, other than those set forth in items (1) through (11).
5.6 A part of the Service may be subject to limitations that may restrict available ways for the Service to be used (such as browser or other methods to use the Service).
6. Service Fees
6.1 Users agree to pay applicable service fees of Service for the period of use immediately when the payment is due for the use of the Service.
6.2 We and its Affiliates may change the service fee specified in the preceding paragraph by announcing or providing notice to Users to such effect or further execution between our company and its Affiliates and Users (as applicable).
6.3 Upon paying the service fees, if consumption taxes (or VAT) are to be imposed on such payment subject to the provisions of applicable laws or regulations, Users shall pay the service fees together with amounts equivalent to applicable taxes.
6.4 In case that Users have delayed payment of service fees for the Service, the contracts (subject to these Terms and Conditions between our company and its Affiliates and such User, if any) shall be automatically suspended. Even if damage has been caused to Users arising from such suspension, our company and its Affiliates shall not assume any responsibility therefor to such Users. In addition, such User shall pay to our company and its Affiliates delinquency charges at the rate of 7.5% (computed on a per diem basis) per annum regarding unpaid amounts during the relevant overdue period.
6.5 Users agree that once the reservation of slot booking is accepted by our company and its Affiliates or the contract is executed, or the service fees are paid to us (whichever occur earlier), there will be no alteration, cancellation of slot booking reservation and there will be no refund of the service fees, regardless of the reason.
7. Advertisements
We and/or its Affiliate may distribute or post advertisements for our company or a third party on the Service.
8. User Responsibility
8.1 Users shall use the Service at their own risk and responsibility.
8.2 Users shall comply with LINE Official Account Terms of Use when distributing any content onto the LINE SHOPPING Official Account.
8.3 Users shall reserve the preferred time slot of the LIVE Co-Broadcast Feature to LINE Company (Thailand) Limited’s verified agencies or LINE Company (Thailand) Limited (as the case may be) at least 10 (ten) Business Days in advance from the date of using the LIVE Co-Broadcast Feature. In this respect, Users are required to set up the LIVE show schedule via the LINE SHOPPING LIVE service first, and the details of which shall be the same as the specific schedule as requested for the LIVE Co-Broadcast Feature.
8.4 Unless we and/or its Affiliate agree otherwise in writing subject to a case-by-case basis, Users are prohibited to alter or cancel the prior reserved time slot for using the LIVE Co-Broadcast Feature. Unless agreed otherwise, the service fee shall be paid from the User in full regardless of alteration or cancellation of the reserved time slot or any provision of the Service.
8.5 Users are eligible to use the LIVE Co-Broadcast Feature in a continuous manner no more than the specific period as previously agreed by our company and/or its Affiliate subject to further conditions as specified by our company and/or its Affiliate thereafter (if any).
8.6 To be entitled to use the LIVE Co-Broadcast Feature, Users acknowledge and recognize that the Users shall comply with all requirements necessary for using the LINE SHOPPING LIVE service; otherwise, the Users may not utilize the LIVE Co-Broadcast Feature.
8.7 In the event that Users do not start using the LIVE Co-Broadcast Feature from the starting period of the reserved time slot but anytime within the time slot, the Users shall be able to continue to use the feature. Nonetheless, in no event shall our company adds any extra period for using the LIVE Co-Broadcast Feature or any compensation as a result of such mistake by Users except the cause of such incident can be attributable to our company and/or its Affiliate’s fault. In this respect, we and/or its Affiliate may contact the Users to address such problem on a case-by-case basis thereafter.
8.8 Subject to Article 5.5 (6) hereof, in the event that Users, either intentionally or negligently, use the LIVE Co-Broadcast Feature outside of the date and period as earlier approved by our company or its Affiliate, and the Users, at our company or its Affiliate’s sole and absolute discretion, are allowed to use the feature in the different date and period, it shall be deemed that it is the Users’ intention to use the LIVE Co-Broadcast Feature on the new date and period immediately. In this respect, the Users shall be prohibited to use the LIVE Co-Broadcast Feature on the date and period as earlier approved by our company or its Affiliate.
In addition, in the event that the Users, either intentionally or negligently, fail to use the LIVE Co-Broadcast Feature from the moment that the reservation was made and approved by our company or its Affiliate, we reserve the right not to refund the service fee to the Users in any case. Further, the Users will lose the right to use the LIVE Co-Broadcast Feature at that time and to be prohibited to reserve any new time slot unless we agree otherwise.
8.9 Subject to Article 5.5 (6) and Article 8.7 hereof, in the event that Users, either intentionally or negligently, use the LIVE Co-Broadcast Feature outside of the date and period as earlier approved by our company or its Affiliate which may affect another user using the LIVE Co-Broadcast Feature at same time or may affect provision of the LINE SHOPPING service (as the case may be), we and/or its Affiliate may disable the LIVE Co-Broadcast Feature without prior notice to the Users. In addition, the usage of the LIVE Co-Broadcast Feature during the wrong date and time may cause the Users not to be able to be refunded the difference in the service fee and /or to forfeit the right to use the LIVE Co-Broadcast Feature as previously booked.
8.10 In the case where we and/or its Affiliate suffers loss/damages either directly or indirectly (including attorney fees) due to a User’s use of the Service (including cases where we and/or its Affiliate receive a complaint from a third party due to such use), the User shall immediately compensate our company and/or its Affiliate for such loss/damage in accordance with our request pursuant to the laws and regulations.
9. No Warranty
9.1. We and its Affiliate shall provide no warranty, either expressly or impliedly, with respect to the Service, that there are no defects (including faults with respect to security, etc., errors or bugs, or violations of rights) or encryption/decryption or as to the safety, reliability, accuracy, completeness, effectiveness, and fitness for a particular purpose. We and its Affiliate will in no way be responsible for providing users with the Service after deleting such defects.
9.2. We and its Affiliate shall provide no warranty, either expressly or impliedly, with respect to the products traded between Users and the purchasers, that there are no defects or as to the safety, reliability, accuracy, completeness, effectiveness, and fitness for a particular purpose.
10. Our Company’s & Its Affiliate’s Limitation of Liability
10.1. We and its Affiliate will not be liable for any damage incurred by Users from the use of the Service unless such damage is attributable to the intentional or grossly negligent acts of our company and/or its Affiliate.
10.2. If a User incurs damage as a result of gross negligence on the part of our company and/or its Affiliate, our company and/or its Affiliate will be responsible to provide compensation for the damage incurred within the range of the damage which is on an actual basis and normally incurred (i.e., exclusive of lost profits and other damages arising under special circumstances).
10.3. We and/or its Affiliate shall not be involved in, and will not be responsible for, any conflicts, disputes, or the like between the Users or a User and a third party which is aroused in connection to the Service.
11. Governing Law and Jurisdiction
The original language of these Terms and Conditions is English. These Terms and Conditions will be governed by the laws of Japan. Any conflicts between Users and our company that arise from or in connection with the Service shall be resolved under the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
Date of Promulgation: 18 September 2023
Date of 1st Amendment: 1 October 2023