This rule sets forth for use of this Service. This rule is not intended to receive a request and a claim from a person (hereinafter referred to as the "Service user") using this Service.
This Service will be used by a person who is a individual and has use qualification not to limit to be domicile in Japan.
At the time when you input a required item on an account registration screen and you select "agree terms and register", it shall be deemed you agree on this rule. When a minor makes account registration and use this Service, please make a registration after minor’s parent read this rule, because consent of the parents are required.
Information (hereinafter referred to as the "Account info") that Service user inputs in the case of a application for use, is used for the purposes for this Service and it shall not be used without consent of Service user for another purposes.
Service user may have a confirmation and the amendment of its contents with use of change screen of Account info. Where Company preserves payment information in an account of Service user, the payment information is automatically deleted at the time when it passes for thirty-six (36) months from 1st of the next month in the month when Service user signs the account at the last.
Service user may delete its account with use of change screen of Account info at any time.
The purchase of products in this Service shall come into effect at the time when the purchase confirmation button is pushed down on "payment procedures" screen and the process of payment is completed.
Service user shall pay the usage fee set forth by Company or music distribution entity (hereinafter referred to as the "distributor") to entrust with business for the music distribution sets by method Service user selects.
Distributor shall not have obligation of return usage fee once paid by Service user even if there are any reasons.
Company may set up the monthly maximum usage fee to Service user concerning this Service.
As for the usage fee of this Service, it shall be settled via a credit card company issuing the credit card which Service user registers, the finance Company issuing a prepaid card or mobile phone entity which operates payment agency business (hereinafter referred to as the "payment service entity"), and Service user shall accept this. In addition, Company notifies credit card information which Service user registers to payment service agency on behalf of Service user, and Company shall support settlement to the payment service entity.
Service user shall pay usage fee to such payment service entity in accordance with terms and conditions to contract by and between payment service entity separately.
Service user shall settle a dispute occurring by and between payment service entity in connection with payment of usage fee in user’s responsibility and costs, and shall hold harmless for distributed without giving the distributor any trouble. Also Company shall have no liability about damage to occur to Service user due to such dispute. Where Company suffers damage due to a dispute between Service user and the payment service entity, such Service user shall compensate for such damage depending on a request of Company.
The neighboring rights or other all for all sound sources or movie source and the data to be provided by this Service (hereinafter referred to as the "Data sound sources") shall be remained by distributor or rights holder which holds duly the rights.
Copyright, neighboring rights, and industrial property rights such as trademark and patent, and the other right and know-how concerning musical works which is recorded in data sound sources, picture, the date, software in relation to this service, title, page design, domain, mail address, the other works, portrait, trademark, emblem, information, date and expression (hereinafter referred to as the "Content" including Data sound sources) in relation to this service shall be remained by distributor or rights holder which holds duly the rights.
Service user may reuse the purchased data sound sources without the restraint of the period to the extent of private use in the user store that Company approves.
Service user may use the purchased data sound sources as streaming distribution.Service user in the extent set forth in the article 30 of Copyright Law and, under the Article, may make replication for private use.
In addition, where service use records content with equipment or recording medium which has digital recording function for private recording compensation, designed by government ordinance, it is required that Service user needs to pay the private sound recording compensation of the considerable amount such as the amounts receiving the approval of the provision Commissioner of the Agency for Cultural Affairs to at the time of purchase of such recording equipment or the recording medium.
Service user shall not make the act set forth in the following items.
(1) Act to use ID and a password for sign-in of another Service user illegally.
(2) Act to damage to Company, other Service user and third party or this Service.
(3) To reproduce, distribute, rent, assign, public transmit, make transmittable, or display content, notwithstanding a profit or a non-profit, or make any third party to do them.
(4) Act to amend, change, edit, delete and the other modify content.
(5) Act to infringe industrial property rights such as copyright or the trademark or other each distributor or any third party.
(6) In addition to the foregoing provision, act to damage or grand prejudice to reputation, personality, and credit of the copy right holder, a neighboring right holder and the other right holder.
(7) Act to use a purchase number illegally.
(8) Act of guilty or the act that might be criminal acts.
(9) Act to infringe other Service user and privacy or reputation.
(10) Act against public policy of law.
(11) Act to prevent operation of this Service.
(12) Act in violation of the law.
(13) Act to damage credit of this Service.
(14) Act to promote the act set forth in the previous event.
(15) Act that Company judges to correspond to a previous each event.
(16) In addition, act to judge that Company is inappropriate.
Service user shall prepare for a necessary computer, facilities, and the other hardware, a browser and the other software for use this service, and the right to use a communication channel by all own costs and responsibility.
Service user shall use program or data downloaded through this Service by own responsibility and judgment, and Company shall have no liability for troubles such as a computer, the damage of the system raised by these use.
Service user shall be responsible for the maintenance of own ID and password for sign-in, and Company is deemed with such Service user with the reference of ID and the password for sign-in.
Service user shall not uses information obtained through use of this Service for its own business in excess of scope of private use or shall not use for the purpose of a profit.
Service user shall be liable for all about use of own this Service except as it is expressly specified in this rule and shall hold harmless without giving other Service user, the third party including distributor any trouble.
Where Service user causes damage to other Service user, the third party including distributor in connection with use of this Service or where a dispute occurs by and between Service user, other Service user, and third party, such Service user shall settle compensation or such dispute by such damage by its costs and responsibility, Company shall hold harmless without troubling.
Where Service user causes damage to Company or each distributor by act in breach of this rule or, by injustice or illegal act, Company and each distributor may demand compensation of the damage from such Service user.
Company may make temporary stay of the use of this Service or discontinuation, cancellation of the use qualification without any notice or reminder to such Service user where Company judges that Service user corresponds to the following items. In such a case, such Service user shall pay unpaid amount such as usage fee already arising by the completion of its measure, Service user shall pay this by method designed by Company separately.
(1) In case there are delay performance or default of accounts payable such as usage fee.
(2) In case payment such as usage fee is refused.
(3) In case payment service agency declines or suspends use of payment method designed by Service user.
(4) In case either of the provision of this rule is violated by Service user.
(5) Except the foregoing provisions, in case Company is judged to be inappropriate as Service user.
Company provides this Service in principle for twenty-four (24) hours a day without holiday. Contents shall be set by Company’s discretion and shall be provided in the extent that it can be reasonably provided with at that time.
Company may change, add, suspend, and cancel without also doing prior notice to Service user for any reason, and Service user shall accept this in advance.
Company shall have no liability for damage or disadvantage to occur to Service user and the third party from all or any changes, addition, suspend, and cancellation to this Service contents under the foregoing paragraph.
An inquiry concerning this Service shall be received in principle from the inquiry contact page that this Service is provided with for twenty-four (24) hours a day. Provided, however, in the case of the following items, Service user shall accept in advance that Company may not make an answer or a reply to Service user, that time may be required before an answer or a reply is also made beforehand.
(1) In case it is already replied or published help screen and others in this Service.
(2) In case inquiry contents of Service user or an intent is unidentified or uncertain.
(3) In case it is not required answer or other replies from Company.
(4) In case disadvantage extends to other Service user by answer or reply to individual Service user or in case there is a threat that.
(5) In case, other than a previous event, it is not directly related with this Service.
Where Force Majeure such as natural disasters or the other emergency event occurs or may occurs, where Company needs to maintain regularly or urgently equipment, system, and software to provide this service, or where the failure or other unavoidable reason of the telecommunications facilities which Company installs to provide the Service occurs, Company may, at its own discretion, change, suspend, cancel, or abolish all or any part of this service without prior notice to Service user.
Where Company modifies, suspends, cancels, or abolishes all or any part the service except a case of the foregoing provision, and Company will notify of it in advance. Provided, however, in the case of urgency, this shall not apply and shall notify after.
Contents, data, program, information, content or all other which are provided through the Service are provided in accordance with instructions, designation of rights holder or the offeror, and Company does not make any warranties with respect to the completeness, accuracy, certainty, reliability or usefulness of the content to Service user and the third party.
Service user shall accept that quality at the time of the supply may be affected by the connection conditions of the communication channel or transmission rate, the performance of the instrumentation such as computers to use and terms and conditions in advance on using this Service.
Also Company makes no warranties with respect to quality to provide the Service with or without foreseeability.
Company has no liability except that this Service expressly sets forth damage occurring in connection with this Service such as the delay of the content, impossibility, the being washed away such as data accumulated in computer terminals and others of non-arrival and Service user, disappearance, abuse by the third party in this agreement with or without foreknowledge possibility.
Where there is a defect for the data such as sound sources by a reason for attribute to distributor, Company shall accept the retransmission of substitution data or return usage fee by the discretion of distributor.
Also the upper limit of the legal damages which Company should bear to such Service user shall be the usage fee equivalent of the data of sound sources where such Service user suffers damage by foregoing paragraph.
With respect to protection at the time of the communication concerning Personal Information of user in this service, it will be protected by the limitation of extent protected by SSL (Secure Socket Layer), and Company shall not make any warranties in excess of such limit regardless of manifestation or implication.
Without prior notice to Service user and not to obtain consent by Service user, at the status which privacy is not identified, for the purpose user uses it or make any third party use it, Company may collect information which is obtained by providing this service such as usage situation, input such information to data base, accumulate, use including statistical procedure, transfer, provide or the other use such information, Service user shall accept this in advance.
Service user shall not set disposal such as the transfer or disposition or setting of the incumbrancer to the third party with respect to all of rights and obligations resulting from the use of this Service under the use rule.
Provisions and the instructions that Company notifies Service user of by online and other means through oneself or the third party whom Company entrusts with business for this service as necessary, shall constitute a part of this rule, and Service user shall accept this.
Company may set forth the individual provision that from time to time limit coverage at this service through oneself or the third party whom Company entrusts with business for this Service.
In addition, when it is notified according to the method of the foregoing paragraph by Service user, the individual provision shall constitute a part of this rule, and Service user shall accept this.
Where individual provisions are different from this rule, individual provisions shall prevail.
Without giving a prior notice to Service user and without acceptance beforehand Company may modify and change this rule by its discretion.
In addition, where such the changed rule is notified according to the method of the foregoing article to Service user, a part of this rule shall be constituted, and Service user is deemed to accept this.
With respect to the conclusion of this rule, performance and construction, it shall be governed by the laws of Japan.
Where Company and Service user need the lawsuit in connection with this rule or this Service, they agree that Yokohama District Court shall be the first instance exclusive.
Those who are outside of Japan are "service for business" and therefore the consumption tax of Japan is taxed.
Consumption tax is imposed on those in Japan.
Established in September 1, 2017
Final revision in October 17, 2017