DMM Kariyushi Aquarium eTickets Terms and Conditions

DMM RESORTS Co., Ltd. (“DMM RESORTS”) prescribes these “DMM Kariyushi Aquarium eTickets Terms and Conditions” (these “Terms and Conditions”) and, in accordance with these Terms and Conditions, provides an online ticket sales service (this “Service”) for entry to DMM Kariyushi Aquarium, a facility managed and operated by DMM RESORTS (the “Facility”). In addition, other than these Terms and Conditions, descriptions on usage guidance, help, or the like of this Service will also be applied as a part of these Terms and Conditions. Before you (“User”) use this Service, please carefully read these Terms and Conditions.

Article 1 About this Service

This Service is to sell tickets for entry to the Facility (“Tickets”).

Article 2 User Eligibility

1. This Service may be used only by Users who meet all of the following requirements:

• (1) User consents to these Terms and Conditions; and
• (2) if the User is a minor, User obtains the consent of his or her legal representative (including consent to these Terms and Conditions; the same applies hereafter).

2. If a User who is a minor uses this Service, DMM RESORTS will deem that the consent of his or her legal representative has been obtained.

3. If a User falls under any of the following items, such User may not use this Service:

• (1) if all or part of the information input by User to this Service when using this Service (“Registered Information”), including the information prescribed in Article 3, Paragraph 1, is false or otherwise defective;
• (2) if User has breached the terms and conditions of any services operated by DMM RESORTS or group companies of DMM RESORTS (not limited to this Service) or has been suspended or deregistered, etc. from using such services;
• (3) if the User is an anti-social force or the like (meaning an organized crime group, an organized crime group member, an ultra right-wing organization, or any other person or entity similar to the foregoing; hereinafter the same), or if DMM RESORTS determines that the User is cooperating or involved with the maintenance, operation, or management of an anti-social force through the provision of funds or other means, or otherwise has any interaction or involvement with an anti-social force; or
• (4) if DMM RESORTS considers that the usage of this Service by User is inappropriate for a reason other than those in the preceding items.

4. Users are responsible for preparing and managing his or her own devices such as PCs or smartphones and internet connection, etc. that are necessary to use this Service (the “Necessary Devices, Etc.”). DMM RESORTS will not bear any responsibility if User cannot receive provision of this Service due to reasons such as malfunction or failure of the Necessary Devices, Etc.

Article 3 Purchase of Ticket

1. In order to purchase a Ticket, User must input the type of Ticket to be purchased, the number to be purchased, the name, email address, and phone number of User, the method of payment and information necessary for payment, and any other information designated by DMM RESORTS through this Service.

2. A ticket sales agreement (“Ticket Sales Agreement” in these Terms and Conditions) will be formed between DMM RESORTS and User at the time when User inputs the information prescribed in the preceding paragraph and clicks the purchase confirmation button.

3. If a Ticket Sales Agreement is formed, User must pay the fee for the Ticket purchased by the User to DMM RESORTS by the method that User chose on this Service.

4. DMM RESORTS may change Ticket prices without giving prior notice to Users.

Article 4 Valid Period of Ticket

Ticket purchased in accordance with the preceding Article will be valid for a maximum of 180 days from the date of formation of the Ticket Sales Agreement. In principle, Tickets that are not used within such period will become unusable.

Article 5 Refunds

After a Ticket Sales Agreement has been formed, if the purchased Ticket has not been used within the valid period prescribed in the preceding Article, User may receive a refund by disposing of such Tickets.

Article 6 Discontinuance, Etc. of Operation

1. Even if DMM RESORTS discontinues operation of the Facility for unavoidable reasons, DMM RESORTS will not have any obligation to notify Users to that effect or any other responsibilities.

2. Please understand in advance that the amenities at the Facility (including exhibits on display, stores and their merchandise, and restaurants and their menus) may change or be discontinued without prior announcement.

Article 7 Entry to the Facility

1. Even if User purchased a Ticket through this Service, it is necessary to show such purchased Ticket by the method set out in the following items in order to enter the Facility, and if User does not show the Ticket, User may not enter the Facility:

• (1) by showing an electronic Ticket (QR code) on a smartphone or tablet device in accordance with the instructions on this Service; or
• (2) by printing an electronic Ticket (QR code) using a printer or the like.

2. If User falls under any of the following items, User may not enter the Facility:

• (1)User loses his or her Ticket;
• (2)User fails to show his or her Ticket when entering the Facility;
• (3)at the time User attempts to enter the Facility, a third party has already entered the Facility by showing the Ticket purchased by User; or
• (4)User breaches these Terms and Conditions.

3. Even if User is unable to enter the Facility due to a reason prescribed in the preceding paragraph or if User is unable to enter the Facility by the expiration date of the valid period of the Ticket, DMM RESORTS will not return the Ticket fee to the User.

Article 8 Prohibited Matters

1. In addition to the matters separately prescribed in these Terms and Conditions, DMM RESORTS prohibits the following acts by User when using this Service:

• (1) inputting false Registration Information;
• (2) using this Service while impersonating another User or a third party;
• (3) obstructing this Service or other services operated by DMM RESORTS;
• (4) using this Service by using credit cards or the like fraudulently;
• (5) reselling or transferring Tickets (whether for commercial purposes or not, or with or without compensation);
• (6) breaching rules, cautions, or the like regarding management, usage, or the like of the Facility that are separately provided by DMM RESORTS;
• (7) engaging in any acts that causes disadvantage to a third party or DMM RESORTS;
• (8) engaging in any acts that violate or is likely to violate laws;
• (9) engaging in any acts that are contrary to public order and good morals;
• (10) attempting to illegally access other computer systems or networks connected to this Service;
• (11) using or disseminating harmful programs such as computer viruses in connection with this Service;
• (12) encouraging any of the acts stated in the preceding items;
• (13) engaging in any act that could be suspected as being an act prescribed in items (1) through (11); or
• (14) engaging in any other act that DMM RESORTS determines as inappropriate.

２. The determination as to whether or not an act falls under any of the prohibited matters in the preceding items shall be made at the discretion of DMM RESORTS.

Article 9 Measures in Response to Breach of Terms and Conditions

If User falls under any of the following items, DMM RESORTS may take necessary measures such as suspending the usage of this Service by User, refusing to sell a Ticket to User, or prohibiting usage of the Ticket by User, without giving prior notice to User, and in this case DMM RESORTS will not be obliged to disclose its reasons for taking such measures:

• (1) if User breaches, or DMM RESORTS determines that the User might breach, any of the matters prescribed in these Terms and Conditions; or
• (2) if DMM RESORTS determines that the usage of this Service by User is inappropriate.

Article 10 Intellectual Property Rights

All intellectual property rights related to this Service belong to DMM RESORTS or its licensors. User may not use any intellectual property rights related to this Service beyond the scope permitted by laws without obtaining consent from DMM RESORTS or its licensors.

Article 11 Suspension, Change, and Termination of this Service

1. DMM RESORTS may suspend all or part of its provision of this Service at any time in any of the following cases:

• (1) when conducting inspection, maintenance, or the like of computer systems related to this Service;
• (2) if computers, telecommunication lines, or the like are not functional due to an accident;
• (3) if it is impossible to operate this Service due to an event of force majeure such as earthquake, lightning, fire, storm or flood damage, blackout, or natural disaster; or
• (4) any other case where DMM RESORTS determines that suspension is necessary.

2. DMM RESORTS may change the content of this Service or terminate its provision of this Service at its own convenience. If DMM RESORTS suspends, changes, or terminates this Service (“Suspension, Etc.”), DMM RESORTS will make best efforts to notify Users in advance, but please understand in advance that prior notification might not be possible in urgent cases or the like.

3. DMM RESORTS will not be liable to compensate for any damage incurred by User due to Suspension, Etc. of this Service.

Article 12 Disclaimer

1. DMM RESORTS does not make any of the guarantees in the following items. In using this Service, User shall make his or her own judgment as to the usefulness or the like of this Service and the information provided on this Service, and use the same at his or her own responsibility.

• (1) Guarantee as to usefulness, fitness for purpose, accuracy, or reliability of all information provided on this Service (including information or the like provided by emails or the like sent as this Service or in relation to this Service).
• (2) Guarantee that no malfunction, error, or failure will occur in the provision of this Service.
• (3) Guarantee that continuance or uniformity of this Service will be maintained.

2. User shall use this Service at his or her own responsibility, and DMM RESORTS will not be involved in the activities of User. Even if any dispute arises between User and another User or between User and a third party, such dispute shall be settled between the disputing parties, and DMM RESORTS will have not bear any liability.

3. If these Terms and Conditions constitute a “consumer contract” as prescribed in Article 2, Paragraph 3 of the Consumer Contract Act, any provisions of these Terms and Conditions that fully waive the liability of DMM RESORTS for damages will not apply.

4. Even in the case prescribed in the preceding paragraph, DMM RESORTS will not be liable in contract, tort, or any other cause of action for any damage incurred by User due to negligence on the part of DMM RESORTS (excluding gross negligence) in cases where such damage arose from special circumstances (including cases which DMM RESORTS or User foresaw or were able to foresee that the damage would occur).

5. If User incurs damage in contract or tort due to negligence on the part of DMM RESORTS (excluding gross negligence), the amount of damages shall be limited to the total amount paid by User to DMM RESORTS as consideration for this Service.

Article 13 Compensation

If any damage is incurred by DMM RESORTS due to an act of User (including complaints caused by an act of User), DMM RESORTS may claim damages from the User in respect of all of such damage (including attorney’s fees paid by DMM RESORTS).

Article 14 Handling of Personal Information

1. The “Privacy Policy” of DMM RESORTS (the “Privacy Policy”) will apply to the handling of personal information of Users on this Service.

2. DMM RESORTS may use personal information such as names, email addresses, or phone numbers provided by Users to DMM RESORTS for the purposes prescribed in the Privacy Policy and the purposes prescribed in the following items.

• (1) For the purpose of cooperating in the operation of the Facility or procedures to return Ticket fees (as in the specific examples prescribed below) by the third party engaged by DMM RESORTS to provide operational services for the Facility (the “Operator”):
  (a) to confirm the identity of Users entering the Facility; or
  (b) to conduct services for refunding Ticket fees to Users due to suspension or change in business activities.
• (2) For the purpose of DMM RESORTS and the Operator cooperating in responding to various inquiries by User.

3. User consents that DMM RESORTS may provide the information prescribed in Paragraph 2 to payment service providers, the Operator, or other third parties engaged by DMM RESORTS to provide services necessary for providing this Service, provided that such information is limited to the scope necessary for the purposes prescribed in the preceding paragraph.

Article 15 Amendment of Terms and Conditions

1. If DMM RESORTS deems it necessary, DMM RESORTS may amend these Terms and Conditions and other policies or the like prescribed by DMM RESORTS without giving prior notice to Users.

2. The amended Terms and Conditions shall become effective at the time when they are displayed on this Service, and if User uses this Service after these Terms and Conditions are amended, User will be deemed as having accepted the content of the amended Terms and Conditions.

Article 16 Notifications from DMM RESORTS

1. DMM RESORTS may contact or notify Users about this Service via the email addresses or phone numbers registered by Users through this Service (collectively, “Contact Details”).

2. DMM RESORTS will not be liable for any damage incurred by Users due to incorrect input of Contact Details or the like by Users.

Article 17 Language

The Japanese version of these Terms and Conditions shall be the controlling version. Even if DMM RESORTS provides a reference translation of these Terms and Conditions in English or any other languages for the convenience of Users, only the Japanese controlling version will be effective as an agreement, and the reference translations provided by DMM RESORTS shall not have any effect.

Article 18 Severability

Even if any of the provisions of these Terms and Conditions or the application of any of the provisions of these Terms and Conditions is deemed as invalid, illegal, or unenforceable by a court of competent jurisdiction, this will have no affect on the remaining provisions of these Terms and Conditions. In this case, the invalid, illegal, or unenforceable provisions will be modified to reflect the initial intention of DMM RESORTS and Users, within the extent possible in light of the nature of those provisions.

Article 19 Governing Law and Jurisdiction

1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan.

2. DMM RESORTS and Users agree that the Tokyo District Court shall have exclusive jurisdiction as the court of first instance for resolution of any disputes arising between DMM RESORTS and Users in relation to these Terms and Conditions.