ARTICLE 1 SCOPE OF APPLICATION
ARTICLE 2 TICKETS
- To enter into the Facilities, it is necessary to purchase a ticket (hereinafter referred to as the “Ticket(s)”). The visitors may be asked to present their Tickets on the premises that they have used to enter into the Facilities.
- Detailed information on Tickets (types of Tickets available, pricing schedule, related terms and conditions, etc.) is provided on Kamogawa Sea World’s official website, etc.
- The terms of sales of individual Ticket retailers shall apply in terms of the conditions of Ticket sale contract formation, payment method, Ticket delivery method, terms of refund, etc.
- The Kamogawa Sea World Terms of Ticket Sales and Use shall apply to the Tickets that are sold by the Company.
ARTICLE 3 PRECAUTIONS CONCERNING FACILITY AND SERVICE USE
- Use of certain Facilities and services may require reservation through the official website, advance payment by credit card, and/or advance admission processing on the premises.
- There are certain Facilities and services, to which admissions cannot be processed on the premises on the day of Facility use.
- Available payment options may differ across the various Facilities and services on the premises.
ARTICLE 4 PROHIBITED ACTS
No visitors are allowed to engage in any of the acts as set forth below during their use of the Facilities. Whether any given act constitutes a violation of this paragraph shall be determined by the Company and the Cast at their discretion based on reasonable evidence:
- act of unjustly entering into the Facilities, or act of unjust Ticket use, counterfeiting, or alteration (including any such act committed on any part of the Tickets including their 2-D codes, etc.);
- act of unjustly using credit cards, electronic money, etc.;
- act of feeding any of the animals kept at the Facilities any food, etc. other than the feed officially provided by the Facilities;
- act of using any hand signs, other bodily gestures, or whistles directed toward any of the animals kept at the Facilities without the Facilities’ authorization;
- act of any mischief, etc. that causes injury or damage to any of the animals, exhibited items, or other property at the Facilities;
- act of putting one’s hand or face into any of the exhibited water tanks or pools;
- act of nuisance or violence, or potential nuisance or violence, affecting other visitors or Cast;
- act of transferring, exchanging, or other dealing of any Tickets (including any part thereof such as 2-D codes, etc.) or rights of use relating to any of the performances, Facilities, or services, etc. (including without limitation discovery guidance and event reservations) among visitors or provision or receipt of any monetary payments related thereto among visitors;
- act of entering into any of the prohibited areas;
- act of climbing or hanging from any of the decorations, fences, etc. on the premises;
- act of occupying any of the spectator seats at the performance venues, etc. only by leaving physical items there or occupying any other space to oneself within the Facilities;
- act of using skateboards, rollerblades, roller skates, personal mobility devices (mainly including but not limited to stand-up one-passenger electric vehicles excluding electric wheelchairs), drones, etc. on the premises;
- act of smoking on the premises except in the designated areas;
- act of infringement or potential infringement upon any copyrights, trademark rights, other intellectual property rights, property rights, trade secrets, privacy, portrait rights, or other rights of any other visitors, third parties, the Company, any of its affiliated companies, or Cast;
- act of taking photographs in prohibited areas and act of taking photographs with flash on in areas where flash photography is prohibited;
- act of publicly distributing or posting any photographs, images, movies, or videos captured on the premises on social media or through other means over the internet for profit-making or commercial purposes;
- act that is in violation or potential violation of any law, public order, or good moral; or
act of bringing any of the items as set forth below onto the premises;
- guns, swords, poisonous substances, or any other items, etc., the possession of which is prohibited by law;
- articles resembling weapons (including handmade toys);
- gunpowder (including fireworks, firecrackers, and the like), volatile oils, and other combustible substances;
- drones, other radio-controlled devices, etc.;
- pet animals and other creatures (the Facilities are unable to take custody of pet animals; please inform in advance, however, if there is a need to be accompanied by a seeing-eye, hearing, or other type of guide dog);
- items that emit significantly foul odors;
- items that emit noise;
- monopods, tripods, selfie sticks, or other auxiliary equipment for photography; and
- other items that are determined by the Facilities to be unsuitable to be brought onto the premises.
ARTICLE 5 DENIAL OF ADMISSION, REMOVAL FROM THE PREMISES, AND REPORT TO POLICE
The Company reserves the right to deny any visitors admission to the Facilities, remove any visitors from the premises, invalidate any visitors’ Tickets, or deny any Visitors’ request to view performances or use any Facility or service, report to police, refuse to engage in any future transactions (including without limitation Ticket purchases, entry into the Facilities, merchandise and service purchases, membership obtainment, etc.) with the Company or allow entry onto the premises if any of the instances as set forth below arises. Whether any given instance constitutes a violation of this ARTICLE shall be determined by the Company at its discretion based on reasonable evidence:
- any act that qualifies as any of the prohibited acts as set forth in the preceding ARTICLE or a violation of these Terms;
any instance where a visitor meets any of the criteria as set forth below;
- if the visitor is exhibiting apparent symptoms of an infectious disease, etc.;
- if the visitor is an organized crime group, a member of an organized crime group, a former member of an organized crime group that left the group less than five years ago, an associate member of an organized crime group, an affiliate of an organized crime group, a corporate racketeer, or other type of anti-social force (hereinafter collectively referred to as the “Organized Crime Group(s), etc.”);
- if the visitor is a corporation or group whose operational activities are controlled by an Organized Crime Group, etc., or if the visitor is a member of such corporation or group as set forth above; or
- if the visitor is a corporation where any of the officers qualifies as an Organized Crime Group, etc. or if the visitor is a member of such corporation as set forth above.
ARTICLE 6 HANDLING OF PERSONAL INFORMATION
- The Company may capture photographic or videographic images of any of the Facilities, performances, etc. on the premises, including images of any visitors. Such photographic and videographic images may be used for broadcasting, publicity, advertisement, promotion, merchandise production and sale, etc.
- Photos, images, and videos captured by each visitor on the premises may be used for each visitor’s personal purposes to the extent that it does not cause a nuisance to other visitors.
- If a visitor intends to capture a photo, image, movie, or video of any Cast member (except during scheduled performances), the visitor shall obtain the consent of the Cast member in advance.
ARTICLE 7 DISCLAIMERS
The Company shall be exempted from all responsibility to compensate for any damage that may arise in any of the following instances, which shall be the visitors’ sole responsibility:
- accidents involving visitors, their vehicles, etc. in any of the parking lots;
- theft of visitors’ property, etc. on the premises;
- accidents resulting from visitors’ lack of due care;
- accidents involving visitors’ altercation, etc.; and
- accidents involving visitors resulting from their failure to comply with any cautionary signage or cautionary note, or guidance, caution, information, etc. provided by the Cast.
ARTICLE 8 DAMAGE CLAIMS
If the Company suffers any damage in any of the instances as set forth below, the Company shall request the visitor to compensate for the damage:
- if any of the Facilities, exhibited items, or other property is damaged as a result of an accident attributable to a visitor;
- if any of the animals kept at the Facilities is injured as a result of a visitor engaging in an act of mischief or other prohibited act or if the animal consequently injures another visitor; or
- if a visitor causes damage to the Company by violating any of these Terms.
ARTICLE 9 MATTERS REQUIRING THE COMPANY’S PERMISSION
If a visitor intends to engage in any of the acts on the premises as set forth below, the visitor shall obtain the Company’s permission in advance:
- use of transceivers, armbands, flags, or megaphones on the premises;
- distribution of flyers, leaflets, etc. on the premises;
- capturing of photos, images, movies, videos, etc. on the premises for profit-making purposes; or
- use of photos, images, movies, or videos captured on the premises for commercial purposes.
ARTICLE 10 CHANGE TO, AND RESTRICTION ON, EVENTS, THEIR TIME SCHEDULES, ETC.
The Company reserves the right to entirely or partially suspend, disrupt, pause, change, restrict, or temporarily discontinue the operation of any or all of the Facilities for any period as deemed necessary by the Company, without notifying the visitors in advance, if any of the circumstances as set forth below arises.
- if the Company determines there is a need to do so for safety, technical, or system-related reason involving its maintenance of any of the Facilities;
- if it is necessitated due to the health condition of any of the animals concerned or due to any Facility-related reason;
- if it becomes difficult for the Company to maintain its normal Facility operation due to a natural disaster, fire, power outage, disruption in public transport, etc., or if the Company determines that such difficulty as set forth above will likely arise;
- if it becomes difficult for the Company to maintain its normal Facility operation due to a request issued by a competent government agency to reduce the hours or scope of its Facility operation or suspend its Facility operation to address an epidemic, or due to any other cause not attributable to the Company; or
- if the Company determines that there is a circumstance equivalent to any of those as set forth in the preceding items.
ARTICLE 11 CANCELLATION OF RESERVATION FOR ON-PREMISES EVENTS, ETC.
If a visitor makes a reservation for any service that requires reservation but subsequently fails to be present at the event venue at the specified time due to the visitor’s own reason, the visitor shall be deemed to have cancelled its reservation, in which case, no refund will be made to the visitor.
ARTICLE 12 GOVERNING LAW
These Terms shall be governed by the laws of Japan in terms of its formation, effects, performance, and construction.
ARTICLE 13 LANGUAGE
These Terms are originally executed in the Japanese language, from which their different versions in English and other languages may be created by way of translation. If, however, any inconsistency should arise between the original Japanese version and another version translated into a different language, the Japanese version shall take precedence over the other version.
ARTICLE 14 JURISDICTION
If any dispute should arise between a visitor and the Company concerning these Terms, they shall strive to resolve it through consultation in good faith. If, however, they are unable to resolve the dispute through consultation, it shall be brought to the exclusive jurisdiction of the Tokyo District Court.
ARTICLE 15 AMENDMENT TO THESE TERMS
Enactment date: March 28, 2023