(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.
(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.
(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.
(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.
(1) Where a Distributor Live Webcasts using the Service, the Distributor may ordinarily stream a Live Webcast for thirty minutes from the start per Live Webcast.
(2) Where a Live Webcast may be streamed for an extended time due to the Operating Company’s server usage, a message will be displayed on the screen requiring the Distributor to choose whether or not he or she will extend the time for the Live Webcast. In that case, the Distributor may extend the time for the Live Webcast by using the designated “niconico points” or “tickets” (the “Ticket(s)”) distributed by the Operating Company (the time extension function cannot be used on some devices; tickets cannot be used to extend time on some devices). Where the Distributors chose not to extend the time for the Live Webcast, time will not be extended and the Live Webcast will end. The length of time for which it is possible to extend the Live Webcast, and the amount of “niconico points” necessary will be displayed on the service screen.
(3) Server usage which relates to whether time may be extended for a Live Webcast will be determined for every designated unit of time from the start of the Live Webcast. Depending on the server usage, it may not be possible to extend time and the message requiring the Distributor to choose whether or not he or she will extend time may not be displayed on the screen. Even where the Distributor chooses to extend time, the maximum length of time a Live Webcast may be streamed shall be six hours per Live Webcast from the start of the Live Webcast.
(4) Discount privileges depending on the community level for a Live Webcast will be granted only for use on computers.
(5) Where the process of extending time for a Live Webcast has been completed at the Distributor’s choice, the time extension cannot be cancelled for any reason whatsoever.
(1) Distributors may use the reservation function provided on the Service, and reserve the use of the Operating Company’s server facility necessary for the Live Webcast by using the designated “niconico points” or “Tickets” displayed on the service screen. The reservation may be made by selecting the webcasting time for the Live Webcast, with a unit being thirty minutes. The Distributors may reserve up to six hours from the scheduled starting time of the Live Webcast per reservation.
(2) The Distributors may cancel the reservation provided in the preceding paragraph only before the start of the Live Webcast. Where a Distributor cancels the reservation provided in the preceding paragraph, the “niconico points” and “Tickets” used will not be refunded unless the legal requirements under Paragraph 1 or 2 of Section 7 are satisfied.
(3) The reservation function provided in Paragraph 1 may be used only on computers and may not be used on other devices.
(1) 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.
(2) Where a Distributor was unable to stream a Live Webcast in whole or in part despite having made a reservation, 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 reservation to the Distributor who used the “niconico points” and “Tickets” to reserve the Live Webcast.
(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.
(1) The Operating Company may change the content of or cease to provide the Service depending on its circumstances. Where the Operating Company is to cease providing the Service, the Operating Company shall notify the users in advance on the Service website.
(2) The Operating Company shall not be liable for any damage or loss suffered by users from or in relation to changing or ceasing to provide the Service pursuant to the preceding paragraph.