Niconico Live Terms of Service

The “Niconico Live, Terms of Use” (these “Terms of Use”) shall apply to all users of the individual service, “niconico live” (the “Service”), of “niconico” (“niconico”), a service provided by DWANGO Co., Ltd. (the “Operating Company”). In using the Service, users shall confirm various explanations displayed on the service screen and agree to the entire substance of these Terms of Use.

If the user is a minor, he or she shall have a statutory agent (such as a person with parental authority (shinkensha)) confirm these Terms of Use, and use the Service with the advance consent of the statutory agent (a person with parental authority). Minor users who used the Service will be deemed to have used the same with the foregoing consent of the statutory agent.

Regarding matters not prescribed in these Terms of Use, the “niconico Terms of Use” separately stipulated by the Operating Company shall apply. If there are any matters that these Terms of Use and the niconico Terms of Use treat differently, these Terms of Use shall supersede the niconico Terms of Use.

1. Substance of service and accounts

(1) In order for a user to use the Service, the user must login with his or her “niconico” account (the “Account”). Users may use the Service and view content streamed live on the Service (including using functions such as viewing content and posting comments; the users engaging in said acts hereinafter referred to as the “Viewers”). In addition, users may engage in live streaming using the Service (hereinafter, live streaming using the Service shall be referred to as a “Live Webcast,” content live streamed such as video files shall be referred to as the “Posted Content,” and users streaming a Live Webcast shall be referred to as the “Distributors”).

(2) Where a user is to stream a Live Webcast as a Distributor, the user must be a premium member of “niconico,” and the login account shall be duly authorized to stream a Live Webcast. Details on the authority required to stream a Live Webcast shall be explained on the service screen.

(3) In order for a user to use a service within the Service which requires the use of “niconico points”, the user must have a valid account by which he or she may use the “niconico points.” The Niconico Point Terms of Use shall apply to the use of “niconico points.”

(4) In using the Service, users shall consent in advance that the functions and terms of use of the Service available may differ depending on the device or streaming method used for the Service.

2. Live Webcasting

(1) In relation to all content streamed during a Live Webcast, the Distributors shall make appropriate arrangements concerning the rights which are necessary for the Live Webcast and to grant the license to the Operating Company as provided in the immediately following section, in advance, with all the right holders with whom rights arrangements are necessary. In relation to all content delivered during a Live Webcast, the Distributors shall warrant to the Operating Company that all necessary rights arrangements have been made appropriately, that there is no infringement of a third party’s rights, and there is no breach of laws, regulations and these Terms of Use.

(2) Where a third party suffers any damage from a Distributor’s Live Webcast, regardless of whether the Distributor was willful or negligent and whether or not the damage was foreseeable to the Distributor, and whether the damage was direct or indirect, the Distributor shall resolve all disputes and lawsuits regarding compensation for the damage (“Dispute”) at the Distributor’s responsibility and liability, and where the Distributor becomes liable to compensate for damage as a result of the Dispute, the Distributor shall be entirely liable for the same. In addition to the foregoing, with respect to any Dispute with a third party arising from or in connection with a Distributor’s Live Webcast, the Distributor shall resolve all such Disputes at its responsibility and liability; the Operating Company shall not be responsible whatsoever for any Dispute arising from or in connection with a Distributor’s Live Webcast; and the Distributor shall consent that it will provide all the necessary compensation so that the Operating Company shall not suffer any loss or damage.

3. Intellectual properties, etc.

(1) Copyrights and all other intellectual properties over the Posted Content shall vest in the relevant Distributor or a third party who licensed the Posted Content to the Distributor. However, by Live Webcasting, the Distributors grant the Operating Company (including DWANGO Co., Ltd., with which the Operating Company operates “niconico,” and its subsidiaries; hereinafter the same in this section) a worldwide, non-exclusive, free of charge license which may be sublicensed and transferred (the “License”) to enable the Posted Content to be used freely.

(2) In using the Posted Content for planning, operating, conducting joint research regarding, and promoting “niconico” as well as the Service and services in collaboration with the Service (including services provided by a third party other than the Operating Company), the Operating Company may alter the Posted Content to the extent necessary for the Operating Company, and the Distributors shall approve of this in advance.

(3) The License shall terminate when the Distributors delete the Posted Content as designated by the Operating Company followed by the expiration of a period of time the Operating Company deems reasonably necessary to cease all use of the relevant Posted Content after the deletion. Users shall approve in advance that, even after the Posted Content is deleted the Operating Company will continue to use the relevant Posted Content for a period of time that the Operating Company deems reasonably necessary to cease all use of the relevant Posted Content, and that where the relevant Posted Content had been published in various media for promotional purposes before it was deleted, the use of the relevant Posted Content will continue for the duration of the published media.

(4) Notwithstanding the previous three paragraphs, with respect to the treatment of texts on which users simply made remarks regarding the Posted Content, Section 4 of the niconico Terms of Use shall apply.

(5) Users acknowledge that, in relation to the Distributors’ Live Webcast and Posted Content, the Operating Company does not warrant its certainty, accuracy, security, usefulness, whether or not it infringes third party rights and its fitness for a particular purpose, and that unless required by laws or regulations, the Operating Company does not owe any obligation to monitor the Distributors’ Live Webcast and Posted Content.

4. Prohibited matters and the Operating Company’s response

With respect to prohibited matters in relation to the Service and the Operating Company’s response to prohibited acts, Sections 5 and 6 of the niconico Termsof Use shall apply. Users shall confirm the niconico Terms of Use in advance when using the Service.

5. Webcasting Live and extensions of time

Please refer to Nico Help for details about Stream Times (for when Distributors use the service to stream Live Webcasts) and other information.

6. Use of reservation function

Please refer to Nico Help for details about reservation usage and other information for when distributors use the reservation function provided on the Service.

7. Refund of used points and Tickets

Where a Distributor was unable to extend time for a Live Webcast in whole or in part despite having completed the time extension procedure, and such failure was caused by a defect in the server for the Live Webcast that the Operating Company manages or inadequate server maintenance, the Operating Company shall refund the “niconico points” and “Tickets” used for the time extension to the Distributor who used the “niconico points” and “Tickets” for the time extension for the Live Webcast.

8. Use of Presents from Viewers (“Achirano Okyakusama kara”) System

For the Use of the Presents from Viewers (“Achirano Okyakusama kara”) System, please confirm the “Presents from Viewers (“Achirano Okyakusama kara”) System, Terms of Use” separately provided by the Operating Company.

9. Live at locations such as niconico head office

Where a Distributor is to stream a Live Webcast in a space managed by the Operating Company (referring to the “niconico head office,” which is the antenna shop of “niconico,” and other areas such as facilities and venues for events designated by the Operating Company; collectively, the “Subject Area(s)”), the Distributor shall follow the terms of use and conditions of use of each Subject Area and the instructions of the staff of each Subject Area in addition to these Terms of Use.

10. Waiver

(1) Users shall use the Service at their own judgement and responsibility, and except for refunds of used “niconico points” and “Tickets” as provided in Section 7, the Operating Company shall not be liable whatsoever for damages arising from or in relation to the users’ use or inability to use the Service, whether direct or indirect, suffered by the users. However, the foregoing shall not apply where the direct cause of the damage is due to the Operating Company’s willful misconduct or negligence.

(2) The Operating Company shall not give any operation guarantee regarding use of the Service, regardless of whether or not users use the Service with the recommended environment separately displayed on the website of the Service. Depending on the equipment and communication environments, etc. that users use, 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 suspended due to blackouts or failures of communication lines, acts of God or any other force majeure, or other causes not attributable to the Operating Company. In using the Service, users shall consent that they will fully recognize these possibilities, and that the Operating Company shall not be liable for any damage suffered by users arising from or in relation to these defects or restrictions.

11. Change in the Service

(1) The Operating Company may change the content of or cease to provide the Service depending on its circumstances. In principle, where the Operating Company is to cease providing the Service, the Operating Company shall notify the users in advance or publish on the Service website.

(2) The Operating Company shall not be liable for damages suffered by users from or in relation to changing or ceasing to provide the Service pursuant to the preceding paragraph.

12. Amendment of these Terms of Use

The Operating Company may amend these Terms of Use at its own discretion. When the Operating Company amends these Terms of Use, it shall notify the users by positing or publishing the reason, amended content, and period of effect on the Service website. Users shall consent to the amended Terms of Use by using the Service after amendment.

13. Severability

Even where a portion of the provisions in these Terms of Use is found to be invalid due to any conflict with any mandatory provisions or otherwise, the remaining provisions shall survive. In that case, the provision found to be invalid shall be automatically replaced by a valid provision that will allow the initially intended economic purpose to be achieved to the extent possible, and users shall accept this in advance.

14. Transfer of the status under these Terms of Use

(1) Users may not assign, transfer, create collateral over or otherwise dispose of their status under these Terms of Use or their rights or obligations under these Terms of Use to a third party without the prior written approval of the Operating Company (whether with or without compensation).

(2) Where the Operating Company has transferred all or part of the businesses related to the Service to another company (including by company split and all other cases where the businesses related to the Service may be transferred), along with the business transfer, it may transfer its status under these Terms of Use, the rights (including the License under Section 3, Paragraph 1) and obligations of the Operating Company under these Terms of Use and the Users’ accounts and other information to such company, and the Users shall consent in advance to such transfer.

15. Competent court

Users shall consent that these 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 these Terms of Use and users’ use of the Service shall be subject to the exclusively agreed jurisdiction in the first instance of the Tokyo District Court. Users shall consent that these Terms of Use will be entirely expressed in the Japanese language, and these terms shall 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 these Terms of Use.

Revised 21/09/2017

© DWANGO Co., Ltd.