These LINE SHOPPING LIVE (For Seller) Terms and Conditions of Use (these “Terms and Conditions”) set forth the terms and conditions for use of LINE SHOPPING LIVE (For Seller), which will be called “LINE Live Commerce Assistant” (LINE電商直播小幫手) in Taiwan, (the “Service”) provided by LY Corporation (“LY Corp.”) to users of the Services (the “User” or “Users”, depending upon the context).
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 Users’ acceptance expressed electronically will be considered binding and definitive. Therefore, these Terms and Conditions constitute the agreement applicable between Users and LY Corp in respect of the usage of the Service provided by LY Corp.
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 LY Corp., 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. “LINE Account” means the account of a service called “LINE” which is operated by LY Corp.
1.3. “Seller” means a person who sells the Products through E-Commerce Service. For clarity, the Seller and the User shall be the same person under these Terms and Conditions if the Seller successfully applies and uses the Services.
1.4. “Submitted Content” means contents such as videos or images submitted by Users that can be viewed and browsed on the Service and/or LIVE E-Commerce Service (defined as below).
1.5. “Product” or “Products” means the product(s) promoted and/or sold by Sellers on the Service or E-Commerce Service (defined as below).
1.6. “Separate Terms and Conditions” means terms and conditions separate from these Terms and Conditions that pertain to the Service released or uploaded by LY Corp. and/or its Affiliates under names such as “terms,” “guidelines,” “policies,” or the like.
1.7. “E-Commerce Service” shall mean the service, whether now existing or occurring in the future, provided to Seller and consumers to conduct transactions via E-Commerce Platform (defined as below).
1.8. “E-Commerce Platform” shall mean websites or any other on-line platforms used or created by LY Corp. and/or its Affiliate for the Sellers and consumers to come and meet, and which the consumer uses to discover products, services, shops around using a cart, and then check out via platform operated by LY Corp. and/or its Affiliate or Sellers’ websites/physical stores, or other E-Commerce business models as determined by LY Corp. and/or its Affiliate.
1.9. “LIVE E-Commerce Service” shall mean the live broadcast service related to the E-Commerce Service, which is provided by LY Corp. and/or its Affiliate.
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 regarded as his or her parents and/or the business enterprise have agreed to such individual’s use of the Services and to the Terms and Conditions.
2.3. If there are Separate Terms and Conditions applicable to the Service, Users shall also comply with such Separate Terms and Conditions as well as these Terms and Conditions in using the Service.
3. Modification to these Terms and Conditions
LY Corp. 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, LY Corp. 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 LY Corp.’s website, or will publicize the same to Users by notifying Users in the manner as prescribed by LY Corp. The modified version of these Terms and Conditions shall become effective as of the effective date thereof.
4. Account
4.1. Users may have to hold a LINE Account when using the Service. As LY Corporation Common Terms of Use applies to the management of a LINE Account and other usage of it, please check the LINE Terms and Conditions of Use as well.
4.2. Users may transfer the use history of the Service (the details please find Section 5.4, hereinafter the same) to other devices that are verified by the same LINE Account.
4.3. If the LINE Account is deleted, the User will be unable to access the use history of the Service. Please take note that an account cannot be retrieved even if a User has accidentally deleted their account. In such case, Users shall agree that LY Corp. and its Affiliate will not be responsible for damages or inconvenience suffered by the User due to the termination or deletion of the LINE Account.
5. Privacy
5.1. LY Corp. places top priority on the privacy of its Users. LY Corp. promises to exercise the utmost care and attention to its security measures to ensure the safe management of any information collected from Users.
5.2. In the event that Sellers deliver ordered Products to consumers, for the purpose of the delivery of ordered Products and communication until the delivery, LY Corp. shares, to the extent necessary, contact person’s information or purchase information of Products, shipping information to the Seller to whom the order is placed.
5.3. Where it is necessary for User support or investigation or criminal investigation of unauthorized use of the Service, LY Corp. may, as necessary, disclose the User’s registration information, transaction history information and other necessary information to settlement companies, payment acceptance service provider, victims of unauthorized use and investigative agency to the extent permitted by law.
5.4. For the purpose of creating statistical data and providing better services to Users, LY Corp. will acquire Users’ use history of Submitted Content on the Service (title of Submitted Content, time of viewing and browsing and the frequency or the like), purchase history of Products, and other Users’ use history of the Service and share such information to corresponding LIVE E-Commerce Service. User understands that after the information sharing, aforementioned information would be collected, processed and used by LIVE E-Commerce Services under terms and conditions of respective LIVE E-Commerce Service and LY Corporation Privacy Policy which are agreed by user
5.5. For the purpose of providing better service to Users, LY Corp. acquires internal identifier and other information with respect to any chat message about Submitted Content and the Users to whom the chat message is sent, and provides the identifier and other information to Seller.
5.6. In addition, LY Corp. will appropriately handle Users’ information in accordance with the LY Corporation Privacy Policy.
6. Ownership of Rights
6.1. Any intellectual property rights and all other rights in the Service shall be owned by LY Corp. and/or its Affiliate, or any other rights in accordance with terms and conditions of respective LIVE E-Commerce Service.
6.2. Any intellectual property rights in relation to the Submitted Content shall be owned by the Users. In this respect, the Users shall grant the right to LY Corp. and its Affiliate to be able to utilize under Article 10.3 hereof.
6.3. Even if terms such as “Purchase”, “Sales,” and the like appear on the screens for the Service, LY Corp. shall remain the owner of all intellectual property rights as well as ownership in the Service or with respect to the contents that only can be used within the Service, and such rights shall not be transferred to Users. Users are solely granted the rights to use the Service set forth in Section 7.2.
7. Provision of the Service
7.1. The Service is the portal service that aims to let a Seller and/or Users to create a live show and enjoy the LIVE E-Commerce Service.
7.2. During the term of the Service, LY Corp. grants Users a non-exclusive license to use the Service in accordance with the conditions of use posted in the Terms and Conditions and the Service.
7.3. Users are unable to transfer, lend, or otherwise dispose of the rights to use the Service to any third party, or have any third party inherit such rights.
7.4. Users shall supply PCs, mobile phone devices, smartphones and other communication devices, operating systems, communication methods and electricity, etc. necessary for using the Service at their own responsibility and expense.
7.5. LY Corp. may provide access to all or part of the Service to Users who satisfy conditions that LY Corp. considers necessary, such as the age and identification of the User, current registration status, regions of use, usage status of the LINE Account and the like.
7.6. LY Corp. reserve the right to modify or terminate, at LY Corp.'s discretion, all or part of the Service as LY Corp. determine necessary at any time without any prior notice to Users.
7.7. LY Corp. may cease providing all or part of the Service without any prior notice to Users in case of the occurrence of any of the following:
(1) When conducting maintenance or repair of systems;
(2) 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;
(3) When there is system failure or heavy load on the system;
(4) When securing the safety of Users or third parties, or in the case of an emergency for the public welfare; or
(5) When LY Corp. reasonably determine it to be necessary, other than those set forth in items (1) through (4).
7.8. 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).
7.9. A part of the Service may not be used due to region of use or status of a LINE Account registration or usage.
8. Advertisements
LY Corp. and its Affiliate may distribute or post advertisements for LY Corp. or a third party on the Service.
9. Third-Party Services
The Service may contain services or content provided by third parties other than LY Corp. and its Affiliate. Such third parties shall bear any responsibility regarding such services or content. Furthermore, there may be terms of use or other terms and conditions provided by such third party which are applicable to such services and content.
10. Submitted Content
10.1. The User may create, distribute, or post the Submitted Content on the Service and/or LIVE E-Commerce Service in accordance with any usage guidelines or other methods prescribed by LY Corp. and/or its Affiliate. The User shall conduct creation, distribution or posting of their own Submitted Content and LY Corp. shall not be liable, in any way, for creation, distribution or posting of the Submitted Content conducted by the User. Furthermore, the Submitted Content distributed or posted by the User may not be deleted by the relevant User.
10.2. In order to create and distribute the Submitted Content, the User shall take procedures such as LINE log-in or other procedures prescribed by LY Corp. and its Affiliate.
10.3. In the event that the rights of the Submitted Content belongs to Seller and/or User in accordance with the terms and conditions of the respective LIVE E-Commerce Service, the Seller and/or User shall:
10.3.1 grant LY Corp. and/or its Affiliate the rights to use and alter the Submitted Content distributed or posted by such User to the extent necessary for provision of the Service (including, without limitation, creation of banners and resizing of images), construction, improvement, maintenance, etc. of the LY Corp.’s system, with free-of-charge and without restriction on area and period. In this case, LY Corp. may omit any part of such User’s information, including such User’s name; and
10.3.2 grant LY Corp. and/or its Affiliate the rights to use the Submitted Content distributed or posted by such User through the Service, or other than through the Service, such as in magazines and websites, for the purposes of publicity and advertising and marketing of the Submitted Content, the Service, or in LY Corp. and/or its Affiliate systems (including duplication, screen presentation, public transmission, recitation, exhibition, distribution, rental, translation and adaptation; hereinafter referred to as “use” in this paragraph), with free-of-charge and without restriction on area and period. Furthermore, the Seller and/or User shall grant LY Corp. and/or its Affiliate the rights to use any part of the Submitted Content by utilizing functions provided in the Service by LY Corp. and its Affiliate through the Service or websites other than the Service, with free-of-charge and without restriction on area and period.
10.4. Submitted Content may be viewed or browsed by the use of LINE application or browser, or by other ways prescribed by LY Corp. Users shall comply with terms of use stipulated for Submitted Content (if any).
10.5. A part of the Submitted Content may be subject to some limitations on the time available and the methods (such as application or website) for viewing or browsing that part of the Submitted Content.
10.6. Users shall not use the Submitted Content beyond the scope of the intended use of the Submitted Content in the Service.
10.7. A part of the Submitted Content may not be viewed or browsed due to the region of use or usage status of a LINE Account.
10.8. Users may set and/or change, as provided in the Service and/or the LIVE E-Commerce Service, the duration of distribution or posting of the Submitted Content at any time as deemed appropriate. Further, in cases where the retention period prescribed by LY Corp. for the Submitted Content is elapsed, LY Corp. and/or its Affiliate may suspend the public release of the Submitted Content or delete the Submitted Content, without providing prior notice to the relevant User.
11. Prohibited Acts
LY Corp. prohibits Users from engaging in any of the following acts when using the Service:
The Users shall not engage in any of the following acts upon using the Service:
11.1. Acts that violate applicable laws and regulations, court judgments, decisions or orders, or legally binding administrative measures;
11.2. Acts that may harm the public order or morals;
11.3. Acts that infringe upon LY Corp.’s, its Affiliate’s, or any third party’s intellectual property rights such as copyrights, trademark rights, patent rights, honor rights, privacy rights and other rights under applicable laws and regulations or contracts;
11.4. Acts of distributing or posting: excessively violent or explicitly sexual expressions; expressions constituting child pornography or child abuse; expressions that lead to discrimination based on race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or promote suicide, self-injurious behavior or drug abuse; or expressions that include anti-social content or that cause discomfort to others;
11.5. Acts of impersonating LY Corp., its Affiliate, or a third party, or acts of spreading false information or information that is difficult to confirm whether it is true or false;
11.6. Acts of sending the same or similar comments posted by the Users to a number of sections where comments posted are posted (except for those approved LY Corp. and/or its Affiliate) or other acts that LY Corp. and/or its Affiliate deems as spamming;
11.7. Acts of exchanging usage rights of the Service or the Submitted Content for cash, property or other economic benefits using any method other than the method prescribed by LY Corp. and/or its Affiliate;
11.8. Acts of using the Service for marketing, publicizing, advertising, solicitation or other profit making purposes (except for those approved by LY Corp. and/or its Affiliate); acts of using the Service for the purpose of sexual conduct or obscene acts; acts of using the Service for the purpose of meeting or dating a third party stranger (including distribution or posting of an ID of an Account, etc.); acts of using the Service for the purpose of harassing, slandering or defaming other Users; or acts of using the Service for any purpose other than the purpose of use intended under the Service;
11.9. Acts of distributing or posting any content by using illegal or inappropriate method;
11.10. Acts of providing anti-social forces with benefits or other cooperation;
11.11. Acts of solicitation regarding religious activities or religious groups;
11.12. Acts of illegally collecting, disclosing or providing other people’s personal information, registered information, usage history information, etc.;
11.13. Acts of causing interference with a server or network system of the Service; acts of illegally operating the Service by using bots, cheat tools or other technical measures; acts of intentionally exploiting a malfunction in the Service; acts of accessing the Service via communication terminals to which alteration such as routing or jail breaking has been conducted; acts of making unreasonable inquiries or demands to LY Corp. and/or its Affiliate, such as repeatedly asking the same question beyond necessity; and acts of preventing or interfering with LY Corp.’s and/or its Affiliate’s operation of the Service or the Users’ use of the Service;
11.14. Acts of supporting or promoting any of the acts constituting those specified in Articles 11.1 through 11.13; and
11.15. In addition to the above, any acts that LY Corp. and/or its Affiliate deems inappropriate.
12. User Responsibility
12.1. Users shall use the Service at their own risk and responsibility.
12.2. LY Corp. and/or its Affiliate may suspend the use of all or part of the Service (including suspending or revoking the right of use of the Submitted Content), suspend or delete the LINE Accounts or their use history, cancel any agreement between a User and LY Corp. and its Affiliate with respect to the Service (including any agreement based on these Terms and Conditions, hereinafter the same) or take any other measures as LY Corp. and/or its Affiliate reasonably determines to be necessary and appropriate without prior notice to such User in the case that such User (if the User is an enterprise, its representative, officer, persons with substantial management rights, agents or intermediaries) falls under or there is a possibility that such User falls under any of the following items:
(1) A User is in breach of applicable laws and regulations, these Terms and Conditions, or any Separate Terms and Conditions;
(2) A User is, or is a member of, an anti-social group or a related party thereof;
(3) A User tarnishes LY Corp.’s and/or its Affiliate’s credibility by spreading false information, using fraudulent means or force, or other unlawful means;
(4) A User is subject to a petition for attachment, provisional attachment, or auction, procedures such as bankruptcy, civil rehabilitation, company reorganization, special liquidation, or similar procedures are commenced; or LY Corp. and its Affiliate otherwise reasonably determine that there is uncertainty with respect to the User’s credibility;
(5) A User has not used the Service for a certain period of time, or LY Corp. and its Affiliate reasonably determine that there is no possibility of a User using the Service; or
(6) The relationship of trust with a User is lost or LY Corp. and its Affiliate otherwise reasonably determine that it would not be appropriate for LY Corp. and its Affiliate to provide the Service to User, due to reasons other than as set forth above.
12.3. In the case where LY Corp. 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 LY Corp. and/or its Affiliate receives a complaint from a third party due to such use), the User shall immediately compensate LY Corp. and/or its Affiliate for such loss/damage in accordance with LY Corp.’s request pursuant to the laws and regulations.
13. No Warranty
13.1. LY Corp. and its Affiliate shall provide no warranty, either expressly or impliedly, with respect to the service (including the Submitted Content), 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. LY Corp. and its Affiliate will in no way be responsible for providing users with the service after deleting such defects.
13.2. LY Corp. and its Affiliate shall provide no warranty, either expressly or impliedly, with respect to the products traded between the seller and users, that there are no defects or as to the safety, reliability, accuracy, completeness, effectiveness, and fitness for a particular purpose.
14. LY Corp.’s & Its Affiliate’s Limitation of Liability
14.1. LY Corp. 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 LY Corp. and/or its Affiliate
14.2. If a User incurs damage as a result of gross negligence on the part of LY Corp. and/or its Affiliate, LY Corp. and/or its Affiliate will be responsible to provide compensation for the damage incurred within the range of the damage which is normally incurred (i.e., exclusive of lost profits and other damages arising under special circumstances).
14.3. LY Corp. 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.
15. Relationship between these Terms and Conditions and Laws and Regulations
If the terms of these Terms and Conditions violate the Consumer Contract Act of Japan or other laws and regulations applicable to an agreement between Users and LY Corp. with respect to the Service, such terms, to the extent of such violation, shall not apply to the agreement with the Users; provided, however, that the remaining terms of these Terms and Conditions shall not be affected.
16. Notification and Contact
16.1. For notifications from LY Corp. to Users regarding the Service, LY Corp. will use a method that LY Corp. considers appropriate, such as posting in an appropriate place within the Service or on the LY Corp.’s website, or by using methods that LY Corp. deems to be appropriate.
16.2. For notifications from Users to LY Corp. regarding the Service, Users shall use the customer inquiry form available on the Service or on the LY Corp.’s website, or through other means designated by LY Corp. and/or its Affiliate.
19. 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 LY Corp. 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.
Users have read these Terms and Conditions and agree to all of the provisions contained above and any revision the same hereafter. By clicking the “I Agree & Continue” button or the like, Users understand that Users are creating a digital signature, which Users intend to have the same force and effect as if Users had signed their names manually.
End
Effective Date: 2023/10/1