BEYBLADE X Premium X Membership Terms of Use

Article 1 Introduction

1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") set out the terms and conditions of use for this Service, a monthly paid service provided by TOMY Company, Ltd. Company, Ltd. (hereinafter referred to as the "Company").
2. For matters not specified in these Terms, the "TOMY MALL Terms of Use" shall apply to matters related to membership applications, management of member information and account information, use of this service, and other matters related to TOMY MALL TOMY MALL, and the "BEYBLADE X Terms of Use" shall apply to matters related to use of this service on the BEYBLADE X app. In the event of any discrepancy between these Terms and these terms, the provisions of these Terms shall take precedence.

Article 2 Definitions

In these Terms and Conditions, the following terms have the following meanings:

1. "Service" means the "Premium X Member Service" that allows you to receive members-only services, content, or benefits on TOMY MALL or the BEYBLADE X App.
2. "Use, etc." means the use, viewing, and distribution of member-only services or content provided as part of this Service, as well as the receipt of member-only benefits (including, but not limited to, coupons, discount tickets, purchase tickets, etc.).
3. "Member" means a member of TOMY MALL who has applied for the use of the Service in accordance with the procedures prescribed by the Company and has entered into a Premium X membership contract with the Company.
4. "BEYBLADE X App" refers to the application software "BEYBLADE X" provided separately by our company.
5. "Premium X Membership Agreement" refers to the agreement regarding the use of the Service etc. concluded between the Company and the Member pursuant to these Terms and Conditions.
6. "Terms" collectively refers to the "TOMY MALL Terms of Use", "BEYBLADE X Terms of Use", and the terms and conditions attached thereto, as well as the terms and conditions of use of the Member-only benefits received through the Service, in addition to these Terms.

Article 3 (Members)

1. Applicants for membership must agree to these terms and conditions and apply in a manner specified by our company. In this case, the applicant will be deemed to have validly and irrevocably agreed to these terms and conditions upon completion of the membership application.
2. After accepting an application for membership, if the Company approves it, it will send an email to that effect to the applicant. However, if the Company deems it inappropriate, it may not approve the registration as a member. Furthermore, even after approval, if the Company deems it inappropriate, it may cancel the registration. Even if the Company does not approve the registration of a member or cancels the registration, it is under no obligation to disclose the reason.
3. The Premium X Membership Agreement will be established when the approval email from our company in the preceding paragraph is sent to the applicant.
4. Applications for membership are limited to those who reside in Japan and have TOMY MALL membership qualifications. Minors are not eligible to apply for membership.
5. Information regarding members (including personal information) will be registered, managed, and otherwise processed by TOMY MALL in accordance with the "TOMY MALL Terms of Use."
6. After the Premium X Membership Agreement is concluded, the use of the Service will be deemed to continue until the Premium X Membership Agreement is terminated.

Article 4 Use of the Service

1. Members shall agree to these terms and conditions and use the Service in the manner specified by our company.
2. 本サービスの内容は、https://beyblade.takaratomy.co.jp/beyblade-x/x-member/ に定めるとおりとします。なお、本サービスの内容は事前に告知することにより、サービス内容を変更できるものとし、会員はこれに同意するものとします。
3. Members shall prepare and maintain at their own responsibility and expense the BEYBLADE X app as well as any equipment, software, communication means, and other operating environment required for the use of the Service.
4. When using the Service, the Member shall specify the account information of the BEYBLADE X app of the Member himself/herself or his/her relatives living together in the same household in a prescribed manner. Note that it is not possible to specify multiple BEYBLADE X app account information for one Premium X Membership contract.
5. Members may not allow anyone other than the person who has the account information specified in the preceding paragraph to use the content or benefits of the Service. The Member shall bear all responsibility if anyone other than the Member uses the account.
6. If there are separate terms of use stipulated by us or a third party regarding the use of member-only benefits received through the use of this service, you shall comply with such terms.

Article 5 (Usage Fees)

1. Members shall pay the Company a separately determined usage fee every month.
2. The usage fee shall be paid by the method selected by the member at the time of application from among the payment methods specified by our company. Please note that the usage fee cannot be paid by TOMY MALL coupons, points, etc.
3. Our company reserves the right to change the service fees at its discretion. In such cases, our company will notify members of the changed service fees in advance.
4. 利用料金は、月の途中でプレミアムX会員契約が成立した場合や月の途中でプレミアムX会員契約が終了した場合（第6条及び第7条による終了に限りません）でも１か月分の利用料金が発生し、日割計算による返金等は行われません。
5. If a Member pays the fee by credit card, if there is any change in the registered credit card information, the Member must change it in the manner specified by TOMY MALL, and the Member will be responsible for any disadvantages or other consequences resulting from failure to do so.
6. We will not provide any refunds or other compensation for any usage fees that have already been settled or paid.
7. If a Member delays payment of the service fee, the Member shall pay to the Company late payment charges calculated at the rate of 14.6% per annum from the day after the payment due date until the day of full payment.

Article 6 (Termination of Premium X Membership Agreement)

1. The validity period of the Premium X Membership Contract is from the date of its establishment to the last day of the month, and is automatically renewed on the 1st of each month thereafter. If a Member wishes to cancel their Premium X Membership Contract for the following month without it being automatically renewed, they must complete the cancellation procedure by the last day of each month in a manner designated by the Company.
2. プレミアムX会員契約の有効期間中にもかかわらず、会員がタカラトミーモールを退会したこと又は第４条第４項で指定したBEYBLADE Xアプリのアカウント情報の停止又は削除されたことを当社が把握した場合、プレミアムX会員契約は終了します。なお、終了月の利用料金の返金等は行われません。
3. Members acknowledge that, when their Premium X membership contract is terminated, they will not only be unable to use the Service, but may also be unable to use any member-only benefits that they have already received.

Article 7 (Suspension, restriction or termination of the Service)

1. 当社は、次の各号に該当すると当社が合理的に判断した場合、当社の裁量により、会員に事前の通知・催告をすることなく、会員による本サービスを一時的に停止・制限し又はプレミアムX会員契約を解除することができるものとします。
   （１）同一の会員から本人及び同居の親族の人数を超える申込みがあった場合
   （２）法令、公序良俗又は本規約等に違反する行為があった場合
   （３）利用料金の支払の遅延があった場合、又は登録した決済手段が利用できない場合
   （４）本サービスの運営又は当社の業務を妨害した場合
   （５）当社又は第三者に対する誹謗中傷、脅迫、嫌がらせ、不当要求行為等が行われた場合
   （６）不正な方法で会員登録もしくは本サービスを利用等し、又は本サービスにより提供を受けた特典を不正な方法で利用した場合
   （７）本サービスにより提供を受けた特典を第三者に転売等を行った場合
   （８）会員の地位又は権利義務を第三者に譲渡した場合
   （９）会員と連絡がとれず当社にとって所在が不明になった場合
   （10）過去に会員の責めに帰すべき事由によって、本サービスの停止・制限又は契約解除を受けていることが判明した場合
   （11）「BEYBLADE X -ベイブレードエックス利用規約」に違反したBEYBLADE Xアプリのアカウント情報を指定して本サービスを利用等した場合、又は当該アカウント情報が停止もしくは削除された場合
   （12）会員の死亡が確認された場合
   （13）その他、会員として当社が不適切と判断した場合
2. If the Company reasonably determines that any of the following circumstances apply to a Member, the Company reserves the right, at its discretion, to temporarily suspend or restrict the Service without prior notice or warning to the Member.
   (1) When carrying out maintenance or repairs on hardware, software, etc.
   
   (2) When it is difficult to provide the Service due to fire, power outage, war, conflict, unrest, riot, labor dispute, or other events beyond our reasonable control.
   (3) Any other case deemed necessary by the Company in accordance with the preceding paragraphs.
3. We shall not be liable for any damages, disadvantages, etc. suffered by a member when we take the measures set out in the preceding two paragraphs.

Article 8 (Changes and Discontinuance of the Service)

1. We reserve the right to change, add to, or discontinue all or part of the content of this Service without prior notice to members.
2. Notwithstanding the preceding paragraph, if the Company determines that any changes, additions, or discontinuations to the Service will have a significant impact on the Members, the Company shall notify the Members in advance, unless it is not possible to give prior notice due to an emergency.
3. We shall not be liable for any disadvantage suffered by a member when we take the measures set out in paragraph 1.

Article 9 (Disclaimer)

1. The Company shall not be liable for any damages incurred by a Member in connection with the use of the Service, except as provided for in these Terms and Conditions or for reasons attributable to the Company.
2. Even if the Company is liable for damages to a Member based on these Terms and Conditions, the scope of damages for which the Company is liable is limited to the extent of direct and ordinary damages actually incurred by the Member, and the Company shall not be liable for special damages, lost profits, incidental damages, or indirect damages, regardless of whether the Company could foresee such damages, and the maximum amount of the service fees for the Service actually received by the Company from the Member during the six months immediately preceding the month in which such damages occurred. However, this does not include damages caused by the intention or gross negligence of the Company when the contract for the Service is a consumer contract as defined by the Consumer Contract Act.
3. The Company does not guarantee the completeness, accuracy, reliability, usefulness, etc. of any information obtained by Members through the Service.

Article 10 (Changes to these Terms)

1. We reserve the right to change these Terms and Conditions at any time if we deem it necessary.
2. Prior to any changes to these Terms, the Company will notify you of the revised Terms and their effective date by a method that the Company deems appropriate (such as posting on the website). When a Member uses the Service after the effective date, the Member will be deemed to have validly and irrevocably agreed to the revised Terms. If the Member does not agree to the changes to these Terms, the Member shall discontinue use of the Service.

Article 11 Contact Method

Any notices or communications from our company to members will be subject to the provisions of the "TOMY MALL Terms of Use."

Article 12 Severability

In the unlikely event that any provision of these Terms and Conditions is deemed invalid, this will not affect the validity of the other provisions. In such a case, the invalid provision will be automatically replaced with a valid provision that achieves the originally intended economic purpose as far as possible, and the Member agrees to this in advance.

Article 13 Language, Governing Law and Jurisdiction

The governing law of these Terms and Conditions shall be the laws of Japan. Any disputes between the Member and the Company arising from or in relation to these Terms and Conditions or the Service shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Effective March 21, 2025

2025年8月1日改訂