HILLS ID User Terms and Conditions

(1)

“HILLS ID” means the ID issued by the Company to identify users.

(2)

“HILLS ID Service” means the services provided by the Company to users relating to a HILLS ID (such as HILLS ID user registration, login with a HILLS ID and linking a HILLS ID with the services prescribed by the Company).

(3)

“Content” means content (such as text, audio, music, images, video, software, programs, codes and other information) that users can access with their HILLS ID.

(4)

This “Agreement” means the agreement between the Company and users under these Terms and Conditions.

(5)

“Linking” means an act by users to link multiple prescribed services provided by the Company to enable users to login with their HILLS ID.

2.

Notwithstanding the preceding paragraph, persons under the age of 12 may not create or use a HILLS ID regardless of whether or not they obtain the consent of their legal representatives.

2.

In registering as HILLS ID users, users must provide true, accurate and complete information, and must update information always if there is a change.

3.

Users may not create multiple HILLS IDs.

4.

The Company issues at its discretion HILLS IDs to users who have registered as HILLS ID users. However, the Company may reject at its discretion issuance of HILLS IDs if users fall under any of the following. In this case, the Company shall not disclose the reason of rejection.

(1)

Persons who have applied for user registration without following the procedure prescribed by the Company.

(2)

Persons who have already been issued with HILLS IDs.

(3)

Persons who have previously breached an agreement (including the HILLS APP terms and conditions, the HILLS CARD Membership terms and conditions, and other terms and conditions prescribed by the Company) with the Company.

(4)

persons who constitute anti-social forces; or

(5)

any other person determined to be unsuitable by the Company.

2.

Users may not assign, loan, exchange, sell or purchase, realize, pledge, or cause to succeed to any rights or obligations relating to their HILLS ID to any third party. In addition, users shall not allow any third party to use their HILLS ID in any manner.

3.

If a user learns that a third party is using or is likely to use the HILLS ID of the user, the user shall immediately contact the Company to that effect and follow instructions given by the Company, if any.

4.

The Company may deem any act conducted using a user’s HILLS ID to be an act conducted by the user him or herself. The Company will not be liable for any damages incurred by the user due to a third party using the user’s HILLS ID, unless such damages are caused by the Company’s willful misconduct or gross negligence.

2.

Users shall use their HILLS ID at their own responsibility and bear full responsibility for all acts conducted using their HILLS ID and the results thereof.

2.

The Company may use all or part of the Member Information of HILLS CARDs linked with HILLS IDs (such as names, dates of birth, addresses and telephone numbers) as registration information for other services linked with such HILLS IDs.

3.

The Company may perform a cross-analysis of personal information obtained by the Company in connection with the services that users logged in to with their HILLS ID and the services that users chose to link with their HILLS ID. The purposes of use of such personal information are as described in the privacy policy of the Company, the terms and conditions for each service and any other terms and conditions prescribed by the Company.

4.

The Company may create statistical information based on personal information that it obtains from users (such as the usage status, registration information and the like for each service linked with their HILLS ID), use that statistical information to provide and improve the services of the Company, develop new services, and conduct marketing research and the like (including services the Company may potentially provide in the future), and provide that statistical information to clients of the Company.

5.

In addition to the foregoing, the Company handles personal information that it obtains from users in accordance with the privacy policy of the Company, the terms and conditions for each service and any other terms and conditions prescribed by the Company.

2.

Users must not use the Content in a manner that exceeds the manner of use prescribed in these Terms and Conditions or otherwise prescribed by the Company (including acts of reproduction, transmission, redistribution and alteration).

(1)

an act that violates any law or regulation, judgement, ruling or order of courts, or administrative action;

(2)

an act that is contrary to public order or morality;

(3)

an act that infringes intellectual property rights including copyrights, trademark rights and patent rights, rights of reputation, privacy rights, or other legal or contractual rights of the Company or third parties;

(4)

an act of use that is beyond the scope of personal use or is for commercial purposes;

(5)

an act such as copying, photographing, recording, or distributing the Content;

(6)

an act that interferes with or impedes the provision of the HILLS ID Service or the use of the HILLS ID Service by other users;

(7)

an act that interferes with communications, intercepts communications, transmits computer viruses or the like, unauthorized access to systems related to a HILLS ID, or retrieves information;

(8)

an act that the Company has notified users of or announced as a prohibited act;

(9)

an act that supports or promotes an act falling under the foregoing; or

(10)

any other act that the Company has determined to be inappropriate.

(1)

if the repair or maintenance of systems related to a HILLS ID is carried out;

(2)

if systems related to a HILLS ID are overwhelmed due to excessive access or any other reason;

(3)

if it becomes necessary to ensure security;

(4)

if it becomes impossible to provide the HILLS ID Service due to laws and regulations or the measures pursuant thereto; or

(5)

if any events similar to any of the foregoing occurs and the Company deems it necessary.

2.

If a user causes damage to the Company in connection with the use of his or her HILLS ID or the HILLS ID Service, the user shall compensate the Company for all damage incurred (including litigation costs and attorney fees).

3.

If a third party makes a claim for compensation for damage from the Company in connection with the use of a HILLS ID or the HILLS ID Service, the user shall resolve that claim at its own expense and responsibility. If the Company pays damages to such third party, the user shall pay to the Company all costs and expenses including such damages (including attorney fees and loss of profit).

2.

The Company does not bear any liability for special damage (including foreseeable damage), loss of profit, indirect damage, incidental damage, consequential damage and punitive damage regardless of the cause of action, including default liability, statutory defects liability, unjust enrichment, and tort liability. However, this does not apply in the case of the Company’s willful misconduct or gross negligence.

3.

The maximum aggregate amount of damages that the Company bears responsibility for] to users is JPY 10,000 regardless of whether the cause of the claim, is due to default liability, statutory defects liability, unjust enrichment, tort liability, or other cause. However, this does not apply in the case of the Company’s willful misconduct or gross negligence.

2.

If a user breaches any of these Terms and Conditions, the HILLS APP terms and conditions, the HILLS CARD Membership terms and conditions, or any other terms and conditions prescribed by the Company, the Company may, without prior notice to the user, suspend or delete his or her HILLS ID, cancel all or part of this Agreement, or take other measures that the Company deems necessary and appropriate.

3.

If this Agreement terminates for any reason whatsoever (including the case where the Company discontinues the HILLS ID Service), a user’s HILLS ID and rights of use in a user’s HILLS ID will be extinguished.

2.

If any amendment is made to these Terms and Conditions, users are considered to have agreed to such amended Terms and Conditions by continuing to use their HILLS ID after the amendment of these Terms and Conditions.

2.

The Tokyo District Court shall have exclusive jurisdiction as the court of first instance with respect to any dispute between users and the Company arising out of or in connection with this Agreement, a HILLS ID or the HILLS ID Service.