Terms of Use
Effective Date: November 1, 2022
Welcome to SeiRogaiTV! It is our pleasure to provide the services described below for your personal enjoyment and entertainment in accordance with these Terms of Use (“Terms”). Please take a moment to carefully read through these Terms.
1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS
SeiRogaiTV is a service wholly owned and operated by SeiRogai, Inc. (“SeiRogai,” “SeiRogaiTV,” “we,” or “us”) provides an online video service which gives users the opportunity to select from various offerings of on-demand programming, including television shows, movies, clips, and other content (collectively, the “Content”). Our video service, the Content, our player for viewing the Content (the “Video Player”) and any other products, features, tools, materials, or other services (including third-party branded services) offered from time to time by SeiRogaiTV through a variety of Access Points (defined below) are referred to collectively as the “Services.” The term “Access Points” refers to, collectively, the seirogai.tv website (the “SeiRogaiTV Site”), applications, and other places where any Services are available, including websites and applications of SeiRogaiTV’s third-party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player.
Use of the Services (including access to the Content) is subject to compliance with these Terms which incorporate by reference our Privacy Policy and any end user license agreement that might accompany the applicable Service. Therefore, by accessing or using any of the Services through any Access Point, you accept and agree to these Terms. Please note that if you subscribe to a Service that is available through a third-party website or application, your access to and use of that Service will be subject to additional terms and limitations specific to that Service.
Please note that the website addresses (i.e., URLs) included within these Terms may not function as hyperlinks on all the Access Points.
2. CHANGES TO THESE TERMS
We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at these Terms regularly, which are posted on the SeiRogaiTV website. If we make a material change to these Terms, we will notify you by posting a notice on the SeiRogaiTV Site. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the material change taking effect. Any material change to these Terms will be effective automatically 30 days after the revised Terms are first posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.
3. ACCESS AND USE OF THE SERVICES
3.1 Age Limitations. The Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with SeiRogaiTV or provide your personal information to SeiRogaiTV. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with SeiRogaiTV, but only if you have the consent of your parent or guardian, including consent to these Terms on your behalf, and for clarity, you may only modify an account, or associated profiles, with the consent of your parent or guardian. Please note that age requirements for purchase of and access to certain Services may vary.
3.2 Ownership and License. SeiRogai owns and retains all rights to the Services, and the Content is owned or controlled by SeiRogai and SeiRogaiTV’s content programmers. The Services and the Content are also protected by copyright, trademark, and other intellectual property laws. That said, SeiRogaiTV is pleased to grant you a non-exclusive limited license to use the Services, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms. The periods during which you can view each piece of Content will vary based on the rights availability of such Content and the terms of your subscription. The Services may include different Content offerings, features, and usage rules, which will be explained to you during your sign-up or in other materials made available to you.
3.3 Profiles. SeiRogaiTV may offer the option to personalize use of the Services through the creation of one or more profiles under one account. Only the account holder, and those with permission from the account holder, may create a profile. The account holder may access profile details and delete or otherwise modify profiles associated with the account.
3.4 The Content.
a. Usage Rules and Limitations. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. For clarity, you may not use any technology or technique that obscures or disguises your location when you are accessing the Services. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content unless expressly permitted by the terms of your subscription or otherwise by SeiRogai in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by SeiRogai in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by SeiRogai. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by SeiRogai in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
b. Content Subjectivity. Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit or objectionable. Also, Content types, genres, categories, and descriptions are provided as suggestions to help with navigation, and SeiRogaiTV does not guarantee that you will agree with them. You acknowledge these risks.
c. Content Quality. SeiRogaiTV uses various technologies to provide you with an optimal viewing experience. That said, quality of Content, including resolution, may be affected by the format of the Content, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. HD and 4K Ultra HD availability for supported Content depends on your internet service and device capabilities. The time it takes you to begin playing Content will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, SeiRogai is unable to make any warranties about the Content in these respects.
d. Content Presentation. We want you to have the best experience with our Services, including the ability to easily discover and enjoy new Content. To help do that, Content you view across all Services may include promotional videos (e.g., previews or trailers) before and after that Content. Please note that Content you view (e.g., legal and medical shows) should not be relied upon for advice. For those who are susceptible to photosensitive epilepsy or other photosensitivities, it’s also important to remember that some Content may contain flashing lights sequences or patterns.
e. Location Access. Content may be limited to distribution in certain geographic locations. For that reason, we may use different technologies and methods to verify your geographic location. For example, you may be required to enable location access on your Compatible Device in order to access certain Services or to watch select Content made available through certain Services.
3.5 The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the Access Point where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
3.7 Internet Service and Data Usage. In order to access the Services, you must have a high-speed broadband, wireless or similar internet connection from an internet service provider that meets certain technical specifications. Please note that multiple simultaneous streams, as well as HD and 4K Ultra HD Content, may require higher internet bandwidth. You are responsible for any costs associated with your internet service used to access the Services. Your use of the Services may count toward your data usage, depending on the terms of your agreement with your internet service provider.
3.8 Your Responsibilities. In order for us to keep the Services safe and available for everyone to use, we all have to follow the same rules of the road. You agree to observe all restrictions identified in these Terms, including without limitation using the Services in a way that:
We reserve the right to immediately terminate or restrict your account or your use of the Services at any time, without notice or liability, if SeiRogai determines or reasonably believes in its sole discretion that you have breached these Terms, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. Of course, we would prefer to avoid such termination; we may use technical measures to block or restrict your prohibited access to or use of the Services, and you agree not to circumvent, avoid, or bypass such restrictions. We also reserve the right to take appropriate legal action against you, and you acknowledge that you will have caused substantial harm to SeiRogai and SeiRogaiTV and that the amount of such harm would be extremely difficult to measure.
3.9 Modification/Suspension/Discontinuation. We regularly make changes to the Services and reserve our right to continue to do so. The availability of the Content, as well as Access Points and Compatible Devices through which the Services are available, will change from time to time. SeiRogaiTV reserves the right to replace or remove any Content and Access Points available to you through the Services, including specific titles and networks/channels. Additionally, you agree that for various reasons, such as restrictions from content programmers and other limitations or considerations from third-parties, certain Content and functionality that may be available through one Access Point or Compatible Device may not be available through another Access Point or Compatible Device. SeiRogaiTV also reserves the right to make modifications to features or other elements of the Services, including promotional features, user interfaces, product features and functionality, plans, and advertisements. In our continued assessment of the Services, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Services, including promotional features, user interfaces, product features and functionality, plans, pricing, and advertisements. You acknowledge that SeiRogaiTV may do so in SeiRogai’s sole discretion at any time without notice. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Services (including the Content and the Compatible Devices through which the Services are accessed), with respect to any or all users, at any time, and without notice. You also agree that SeiRogai will not be liable to you for any modification, suspension, or discontinuance of the Services.
4. SUBSCRIPTIONS AND BILLING
4.1. Ongoing Subscription and Fees. While we may offer selected Content from time to time for free, we charge a fee to access the Services. We will bill you in advance for your subscription. Your subscription will continue and automatically renew on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription, or your account is otherwise suspended or terminated pursuant to these Terms. SeiRogaiTV reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. We will give you advance notice of these changes, but we will not be able to notify you of changes in any applicable taxes.
4.2 Payment Method. Unless otherwise indicated, you will be required to provide a credit card or other payment method accepted by SeiRogaiTV, as may be updated from time to time (“Payment Method”). We will charge your Payment Method a periodic subscription fee on a recurring basis corresponding to the term of your subscription, and any applicable taxes. You are solely responsible for any and all fees charged to your Payment Method. When you provide a Payment Method, we will attempt to verify the information you entered by processing an authorization hold. We do not charge you in connection with this authorization hold, but your available balance or credit limit may be reduced. If you want to use a different Payment Method than the one you signed up to use during registration, you may edit your Payment Method information by logging in on the SeiRogaiTV Site and viewing your account details.
4.3 Billing Holds. In the event of a failed attempt to charge to your Payment Method (e.g. if your Payment Method has expired), we reserve the right to retry billing your Payment Method. In the event that you or we (through our payment service providers) update your Payment Method to remedy a change in validity or expiration date, we will automatically resume billing you for your subscription to the Services. We may suspend or cancel your access to the Services if we remain unable to successfully charge a valid Payment Method. You also remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
We may offer you the ability to pause your subscription for a specified period of time. If you do not cancel before the end of the pause period, billing will resume automatically.
4.4 Billing Period. As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. We will automatically bill your Payment Method on the later of the day you start your subscription or the day your free trial ends, and on each recurring billing date thereafter. Your “Billing Period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. Where applicable, charges for one or more Services may be prorated for any partial month of service. To see your next recurring billing date, log in on the SeiRogaiTV Site and view your account details. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your Payment Method would next be billed on February 28), due to free trials and other promotional offers, gift card redemptions, credits applied, or changes in your subscription or Payment Method.
4.5 Cancellation and Refunds. You can cancel your subscription by logging into your SeiRogaiTV account and following the instructions on your account page. You must cancel your subscription prior to 11:59 p.m. Japan time on the day before your next recurring billing date in order to avoid being charged. Unless otherwise communicated, if you cancel your subscription, you will continue to have access to the Service through the end of your current Billing Period. However, if you modify your subscription to switch from one Service to another Service during your Billing Period, you may not have continued access to your original Service. If you cancel, including if you switch your billing from SeiRogaiTV to a third-party, you will also forfeit any service, referral, or redeemed gift card credits.
Payments are nonrefundable. If you cancel, modify your subscription, or if your account is otherwise terminated under these Terms, you will not receive a credit, including for partially used periods of Service. There are circumstances where SeiRogaiTV may provide credits on a case by case basis. The amount and form of such credits, and the decision to provide them, are at SeiRogai’s sole and absolute discretion.
4.6 Free Trials. On occasion, we may offer free trials to a particular Service, subject to specific terms explained during your sign-up. You can view details of your free trial on your SeiRogaiTV account page. SeiRogaiTV reserves the right to determine eligibility for free trials, which may vary based on factors including the Service selected, how recently you redeemed a free trial, and whether the Service is part of a combined offering. Certain limitations may also exist with respect to combining free trials with any other offers.
It is very important to understand that you will not receive a notice from SeiRogaiTV that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Japan Time on the last day of your free trial period. Because the Services are offered in multiple time zones, for consistency, a “day” for purposes of these Terms begins at 12:00 a.m. Japan Time and ends at 11:59 p.m. Japan time of that same calendar day. You may cancel your subscription at any time as described in the “Cancellation and Refunds” section of these Terms. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately.
4.7 Promotions. If we offer you a promotion (e.g., a promotional price, bundled subscription, or device-specific offer), the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you. We will begin billing your Payment Method for your subscription at the then-current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed.
4.8 Pay Per View and Other One-Time Purchase Events. We may offer one-time events for purchase in connection with the Services. Some of these events may be offered through a third-party, in which case you may be required to complete your purchase through and view the event using a third-party Service. You will be charged for such events at the time of purchase. For clarity, such events may be subject to additional limitations provided to you during your purchase or in other materials made available to you.
4.9 Third-Party Billing. You may choose to be billed for, or receive access to, the Services through a third-party, in which case, your billing relationship will be directly with that third-party, additional terms may apply, and Service offerings may be limited. If you want to cancel or modify your subscription or manage your billing, you may need to do so through your account with such third-party. SeiRogai will not be liable to you for any claims arising out of or related to your purchase or use of third-party products or services.
5. ACCOUNTS AND REGISTRATION
You are responsible for all use of your account, including use of your account by other members of your household. By allowing others to access your account or to create profiles within your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Services.
All registration information you submit must be accurate and updated. Because you are responsible for all use of your account, including unauthorized use by any third-party, please be very careful to guard the security and confidentiality of your password. You will not have to reveal it to any SeiRogaiTV representative.
SeiRogaiTV may offer the account holder certain rights, including the right to access information about and delete the account and all associated profiles. Please note, you must first cancel your subscription before you will be able to delete your account. Please see the section “Cancellation and Refunds” above for instructions on how to cancel your subscription.
6. COLLECTION AND USE OF PERSONAL INFORMATION
For information about SeiRogaiTV’s policies and practices regarding the collection and use of your information, please read the SeiRogaiTV Privacy Policy. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the SeiRogaiTV Site and use of the Services through any other Access Point or Compatible Device are governed by the SeiRogaiTV Privacy Policy in effect at the time of your use.
7. LINKED DESTINATIONS AND ADVERTISING
7.1 Third-Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that SeiRogaiTV operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. These Terms do not govern your use of another website or destination.
SeiRogai is not responsible for the content or practices of any website or destination other than the SeiRogaiTV Site, even if it links to the SeiRogaiTV Site and even if the website or destination is operated by a company affiliated or otherwise connected with SeiRogai. By using the Services, you acknowledge and agree that SeiRogai is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the SeiRogaiTV Site.
7.2 Third-Party Advertisements and Services. SeiRogaiTV takes no responsibility for and does not endorse any third-party advertisements or any third-party material Posted on any Access Point where the Services are available, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that SeiRogaiTV is not liable for any loss or claim that you may have against an advertiser. If you provide any confidential or personal information or engage in any transaction through an advertisement, SeiRogaiTV is not responsible for such information or transaction and we encourage you to read the terms of use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction.
8. TRADEMARKS
SeiRogaiTV, the SeiRogaiTV logo, and other SeiRogaiTV marks, graphics, logos, scripts, and sounds are trademarks of SeiRogai. None of the SeiRogai trademarks may be copied, downloaded, or otherwise exploited.
9. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE SEIROGAITV SITE, THE CONTENT, THE VIDEO PLAYER, THE FEATURES, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT OR COMPATIBLE DEVICE, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SEIROGAITV DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL SEIROGAITV OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT PROGRAMMERS) (COLLECTIVELY, THE “SEIROGAITV PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT OR COMPATIBLE DEVICE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE SEIROGAITV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO SEIROGAITV FOR ACCESS TO YOUR SUBSCRIPTION IN THE 6 MONTHS PRECEDING THE CLAIM OR 3,000 JAPANESE YEN.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE SEIROGAITV PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). SEIROGAITV RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
10. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through the Services, including through a link, infringes your copyright, you should notify SeiRogaiTV of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that SeiRogaiTV receives and take appropriate action in accordance with applicable intellectual property laws. You may contact us by email (subject line “Copyright Claim” at: [email protected]
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services that is reasonably sufficient to enable SeiRogai to identify and locate the material; (iv) how SeiRogai can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to [email protected] for purposes other than communication about copyright infringement may not be answered.
SeiRogaiTV has a policy of terminating repeat infringers in appropriate circumstances.
11. ARBITRATION OF CLAIMS
PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS. If you have an issue with the Services, we encourage you to review our frequently asked questions or contact our customer service team at [email protected]. In the event there is an issue that still requires attention, we want to make the resolution process as quick and efficient as possible. We also want to specify now what each of us should expect in order to avoid any confusion later. To that end, you and SeiRogaiTV agree to first discuss any issue informally for at least 60 days before commencing an arbitration proceeding.
If we do not reach an agreed upon solution after our discussions for at least 60 days, you and SeiRogaiTV agree that any and all claims, except disputes relating to the ownership or enforcement of intellectual property rights, that either of us may have, whether based on past, present, or future events, arising out of or relating to: (i) these Terms (including formation, performance, or breach of them, and including the scope and enforceability of this arbitration provision); (ii) the Privacy Policy, which is incorporated in these Terms; (iii) any aspect of our relationship with each other; and (iv) use of the Services, must be resolved through binding arbitration. Please note that YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. As an exception to this arbitration agreement, SeiRogaiTV is happy to give you the right to pursue in small claims court any claim that is within that court’s jurisdiction, whether or not you discussed with us informally first, as long as you proceed only on an individual basis.
YOU AND SEIROGAITV AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. No arbitration or proceeding can be combined with another without the prior written consent of you, SeiRogaiTV, and any other parties to the arbitration or proceedings.
For your convenience, arbitration may be conducted in-person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Singapore. It is important that you understand that the arbitrator’s decision will be binding and final and may be entered as a judgment in any court of competent jurisdiction. Please note that nothing in this Section shall be construed as consent by SeiRogaiTV to the jurisdiction of any other court with regard to disputes not covered by these Terms.
The party initiating the arbitration is responsible for paying the filing fee. If you’re not sure what all of this means, please feel free to ask an attorney. Specifying what happens if an issue arises with one of our users is never a fun topic. But we pride ourselves on transparency and we thank you in advance for understanding why it’s important that you and SeiRogaiTV agree on the process described in this Section.
12. LIMITATION ON TIME TO BRING A CLAIM
To help resolve any issues between us promptly, you and SeiRogaiTV agree to bring any claim arising out of or relating to these Terms (including SeiRogaiTV’s Privacy Policy), our relationship, or the use of the Services within one year after a claim arises; otherwise, the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.
13. GENERAL INFORMATION
13.1 International Use. We are a company based in Tokyo, Japan. SeiRogaiTV’s goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content programmers grant to us. Access to the Services from locations where SeiRogaiTV does not have rights, that are not permitted by the terms of your subscription, or where SeiRogaiTV does not make the Services available is prohibited.
13.2 Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from Japan or the country in which you reside.
13.3 Choice of Law and Forum. These Terms are governed by, and construed in accordance with, the laws of Japan without giving effect to principles of conflicts of law.
13.4 No Waiver/Reliance. SeiRogaiTV’s decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy with respect to any party. Even if SeiRogaiTV acts in a way that appears to you to be inconsistent with these Terms, SeiRogaiTV’s action shall not be deemed a waiver or constructive amendment of these Terms.
13.5 Integration, Amendment, Severability, and Electronic Communications. Please note that these Terms, including SeiRogaiTV’s Privacy Policy which is incorporated in these Terms and any end user license agreement that might accompany the applicable Service, constitute the entire legal agreement between you and SeiRogaiTV and govern your use of the Services (including your use of the Content) (but excludes any services, if any, that SeiRogaiTV may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and SeiRogaiTV in relation to the Services. In the unlikely event that a customer service representative or material posted to website provides information that is inconsistent with these Terms, please be aware that these Terms will control. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
From time to time, we may communicate with you about the Services and these Terms electronically (e.g., emails to your registered email address, notices on the SeiRogaiTV Site and other Access Points). You consent to receive electronic communications from SeiRogaiTV and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.
13.6 Survival. The provisions of these Terms which by their nature should survive cancellation or deletion of your Account shall survive such cancellation or deletion.
13.7 Translation Intepretation. These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Thank you for taking the time to read these Terms. By understanding and agreeing to follow these Terms, the experience will be better for all users. It is our goal to provide you with the best experience, so if you have any questions or comments about these Terms, please contact us at:
Enjoy SeiRogaiTV!
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* SeiRogaiTV is Proudly Supported by the Government of Japan’s Business Reconstruction Grant