CHAPTER I GENERAL PROVISIONS
Article 1 (Application)
These Terms shall apply in principle to all matters and relationships between registered users and the Company with respect to the use of the Services.
Article 2 (User Rules)
These Terms shall apply in all cases where listeners and artists (each, a "User") use the Services, and Users shall be deemed to have accepted these Terms upon their registration for the Services.
All notices provided by the Company to Users, and individual rules etc. for each service of the Services set forth by the Company separately from these Terms (collectively, "Individual Rules etc.") shall, regardless of names thereof, constitute a part of these Terms.
In the event of any discrepancy between the provisions of these Terms and those under any Individual Rules etc., such Individual Rules etc. shall prevail and govern.
The Company is entitled to amend, add, modify or delete any provision of these Terms without prior notice of any kind to Users.
Article 3 (Users)
Users of the Services are categorized as "Listener" and "Artist" as defined below.
1. Listener: A User of a "Listener" category may listen to such musical works as are registered on the Services as well as receive any service permitted thereunder subject to compliance with these Terms.
A Listener may also become an Artist by renewing his/her registered information on the Services.
2. Artist: A User of an "Artist" category may register any musical work created by him/her on the Services subject to compliance with these Terms.
A User registered as an Artist User of the Services may also receive services as a Listener without separately registering as a Listener, subject to compliance with these Terms.
Article 4 (Notice; Announcement)
The Company will give notice or make announcement to Users of any information necessary to inform from time to time, by email, through its website operated by it, or any other means deemed appropriate by the Company.
Article 5 (Ownership of Rights)
All copyrights and neighboring rights pertaining to musical works, lyrics or master discs etc. registered by Artists on the Services shall vest in the relevant Artist Users creating such lyrics, compositions or master discs etc. of such musical works.
Any and all rights pertaining to the name or display designs etc. of the Services other than the rights described under the preceding paragraph shall vest in the Company or any third party owning such rights. Unless otherwise expressly set forth in these Terms or other Individual Rules etc., none of such rights shall be transferred or licensed to any User.
CHAPTER II LISTENER
Article 6 (Registration for Use)
An applicant for registration as a Listener shall apply for registration through procedures designated by the Company. Registration for use by such applicant shall be completed when the Company approves the same, and he/she shall be qualified as a Listener as defined under these Terms.
The Company may refuse any application for registration in the event that the Company determines that the applicant falls under any of the following, and it has no obligation to disclose the reason therefor:
1. such application for registration is found to contain any false, insufficient or other incorrect information;
2. such applicant was previously in breach of these Terms; or
3. the Company deems it inappropriate to approve such application for registration.
Article 7 (Duties etc.)
A Listener shall be responsible for managing his/her ID and password for the Services.
In no event shall a Listener assign or lease his/her ID or password to any third party. If the Services are logged in using a combination of ID and password consistent with the registered information, the Company will deem such use as being made by the User registering such ID.
Upon any change to the content of registered information, a Listener shall promptly take procedures for such change on the Services.
If any notice etc. fails to reach a Listener due to his/her failure to notify the change under the preceding paragraph, the Company shall have no responsibility therefor. In addition, the Company is entitled to assume that such notice has reached as originally intended.
CHAPTER III ARTIST
Part 1 General Rules
Article 8 (Application of this Chapter)
In addition to the provisions of CHAPTER II above, this CHAPTER III shall also apply to Artists.
Article 9 (Qualification of Artist)
As a condition for registration of an Artist under the Services, an applicant is required to register as a Listener as set forth under CHAPTER II. If an Artist has any contract with a third party such as another recording label, music publisher, entertainment agency or copyright management association etc., he/she shall strictly observe that there will be no conflict of interests between the use of the Services and such contract. In no event shall the Company be responsible if an Artist, his/her counterparty of any contract or any third party suffers damage due to such User's registration for the Services, or his/her use or non-use of the Services.
Article 10 (Registration as Group)
Multiple Artists may be registered as a group on the Services. If several members intend to register as a group on the Services, a representative of the group must be appointed, and such representative warrants that he/she is duly authorized by other members to register their musical works, to allow Users and the Company to use such musical works, to allow Users to make Creation of Derivative Work etc. (as defined under Article 22), to receive all payments on behalf of other members if any consideration to be paid to Artists arises under Article 11, and to do any act on their behalf.
The representative must obtain the prior consent to the registration and use of the Services from other members of his/her group. A representative of a group of Artists must be at least twenty (20) years old, and if all members of the group are under the age of twenty (20), a parent or other person in parental authority etc. over the age of twenty (20) must be registered as a representative. The Company shall not be liable for any claim or dispute etc. between any members of a group.
Article 11 (Payment of Consideration)
While the Company is not obliged to pay any consideration to an Artist as set forth under Article 24, if the Company separately agrees to pay consideration to an Artist (including where the Artist provides a musical work at cost under terms and conditions designated by the Company, or holds an event at cost), the Company shall pay consideration in accordance with the following provisions. The Company will apply a reasonable exchange rate to the amount of consideration when converting the same to each currency. An Artist shall issue an invoice in the manner as specified by the Company, and the Company shall remit to the Artist the relevant amount as of the last day of a calendar month of receipt of such invoice within sixty (60) days after receipt of such invoice. Methods of remittance available can be confirmed here. No interest shall accrue on the consideration to be paid to the Artist in accordance with the above schedule. All charges arising upon remittance shall be borne by the Artist, and the Company may deduct such amount at the time of remittance. Unless otherwise specifically set forth herein, all calculations and payments shall be made in the currency designated by the Company, and any exchange fees upon remittance shall be borne by the Artist. If the Company is required to collect consumption taxes and other value added taxes imposed on such consideration pursuant to applicable laws ("Consumption Tax etc."), the Company may deduct such Consumption Tax etc. If any payment to an Artist is subject to Consumption Tax etc. pursuant to applicable laws, the Company shall pay to the Artist the amount of consideration plus Consumption Tax etc.
An Artist shall be deemed to have waived his/her right to receive consideration in the event that:
1. he/she is in breach of these Terms or any Individual Rules etc.;
2. his/her account is deleted;
3. he/she does not specify an appropriate method to receive consideration within one (1) year after notice from the Company requesting to do so;
4. he/she does not receive consideration within one (1) year after notice from the Company requesting to do so; or
5. the Company is unable to contact him/her for one (1) year or longer through his/her registration information.
Article 12 (Treatment of Musical Works upon Deregistration)
In the event that an Artist voluntarily deregister from the Services or is dismissed pursuant to these Terms, the Company shall be entitled to delete information of his/her musical work(s) from the Services. Users may continue to use any information of musical works not deleted in accordance with these Terms.
Part 2 Musical Works
Article 13 (Registration of Musical Works)
An Artist may register from time to time his/her musical work(s) on the Services.
For registering any musical work, certain information concerning such musical work ("Musical Information") must be recorded.
Article 14 (Warranties for Musical Works)
In registering any musical work on the Services, an Artist warrants to the Company that:
1. he/she owns all rights including copyrights and neighboring rights with respect to Musical Information of such musical work (including the title thereof and the name of the Artist);
2. management of copyrights of such musical work is not entrusted or delegated to a copyright management provider such as JASRAC or any third party; and
3. there is no other obstacle to registering such musical work on the Services, or to the Company's use or licensing of the same pursuant to these Terms.
In the event of any claim or dispute etc. between the Company and any third party due to the Artist's breach of the preceding paragraph, the Artist shall resolve the same at his/her own cost and responsibility.
An Artist shall indemnify the Company against any damage suffered by the Company due to such claim or dispute etc. between the Company and a third party resulting from the Artist's breach of Paragraph 1 of this Article.
Article 15 (Prohibited Registration of Musical Works)
The Services prohibit registration of any musical work or Musical Information:
1. which is in violation of law or regulation, or aids, solicits, forces or promotes such violation;
2. which infringes any third party's reputation, social credit, privacy, right of likeness, publicity right, copyright, any other intellectual right or any other right (including those defined under laws or regulations as well as by precedents);
3. management of which is entrusted or delegated to a copyright management provider such as JASRAC or any third party;
4. which constitutes a defamation, threat or harassment against any other user;
5. which contains excessively sexual, obscene or violent expression, or which may be excessively offensive;
6. which contains a link to any download site of child prostitution or child pornography, or uncensored video movies etc.;
7, which publishes profiles for the purposes of advertising or marketing of goods not approved by the Company, or which intends to encourage distribution of spam mails or chain mails;
8. which is objectively determined as being materially different from the fact;
9. which is offensive to public order and morals, or materially against a common sense; or
10. which falls under any situation similar to the foregoing and is deemed by the Company inappropriate for the Services.
In the event that any musical work which an Artist intends to register or has already registered is reasonably deemed by the Company to be subject to any of the foregoing, the Company shall have the right to refuse or delete such registration without notice of any kind to said Artist.
Article 16 (Modification or Change of Musical Information)
In the event that any modification or change of Musical Information concerning a musical work registered hereunder becomes necessary, the Artist of such musical work shall do so from time to time on the Services.
Article 17 (Deletion of Musical Work)
An Artist may at any time request for the deletion of any musical work from the Services. The Company shall delete the registration thereof upon receipt of such request without delay.
Part 3 Use of Musical Work
Article 18 (Free Distribution etc. of Musical Works)
The Company may distribute, or cause a third party collaborating with the Company to distribute, at no cost any musical work registered on the Services without prior notice to the Artist thereof.
Article 19 (License for Musical Works)
A license applicable to each musical work registered on the Services is subject to, as determined by each Artist, either "Creative Commons, Attribution - Share Alike 4.0 International Public License" (designated as "CC BY-SA") or "Creative Commons, Attribution - Noncommercial 4.0 International Public License" (designated as "CC BY-NC") among Creative Commons Licenses ("CC") provided by "commonsphere", a specified nonprofit corporation. Please confirm which license is applied by each Artist on the page of such Artist or musical work in the app. For more information concerning "CC", please visit the following sites:
Article 20 (License to Company)
The Company may use any musical work registered on the Services at no cost without prior notice to the Artist thereof, or license at no cost to a third party collaborating with the Company the right to use and reproduce such musical work.
Article 21 (No Demand for Payment)
An Artist shall not demand any payment from the Company or any other User for the use or reproduction of his/her musical work registered on the Services, regardless of the nature of such payment and whether or not such other User uses it for profit.
Article 22 (Derivative Works)
An Artist shall have no objection to translation, adaptation or creation of derivative work of any musical work registered on the Services ("Creation of Derivative Work etc.") made by any other User; provided, however, that if such Creation of Derivative Work etc. dishonors or damages the reputation or credit of the musical work registered on the Services or the Artist thereof, or otherwise constitutes any unlawful act, the Artist's right to claim damage or seek any legal action against a person making such Creation of Derivative Work etc. shall not be precluded. In that case, such claim or dispute shall be resolved between the Artist and the person making such Creation of Derivative Work etc., and the Artist agree that the Company shall not be involved with the same.
Article 23 (Use for Advertisment of Services)
The Company shall have the right to use any musical work and Musical Information thereof registered on the Services through media such as websites, magazines and newspapers etc. for the purpose of advertising the Services without prior notice to the Artist thereof.
Article 24 (Consideration)
No consideration shall be paid to an Artist for any use under this Part regardless of whether or not the Company acquires any profit.
Article 25 (Effect of Deletion)
Even if an Artist requests for deletion of any registered musical work and the Company deletes such registration in accordance with Article 17, any license already given under these Terms shall not be cancelled.
CHAPTER IV MISCELLANEOUS
Article 26 (Restrictions)
In using the Services, Users shall not:
1. infringe or violate any intellectual property right, right of likeness, privacy right, reputation or any other right or interest of the Company, any other User of the Services or any third party (including doing any act directly or indirectly giving rise to such infringement);
2. defame or libel any other User or third party, whether true or false;
3. transmit, convey, disclose to any other User or third party, or copy or post any personal information (email address, address, phone number or any other private information of others) without the prior consent of the Services or the owner of such personal information;
4. commit any criminal act or any act offensive to public order and morals;
5. provide or intend to provide information such as obscene image, voice or text etc.;
6. commit any act in violation of any law or regulation, or any internal rule of any industry organization to which such User belongs;
7. alter any information which may be used with respect to the Services;
8. transmit any information containing computer viruses or any other harmful computer programs;
9. unlawfully access the Company's server or other computers;
10. publish or advertise in any manner not approved by the Company using email addresses or any other personal information obtained through use of the Services;
11. commit any act which is likely to interfere with the operation of the Company's services;
12. collect or accumulate personal information etc. concerning other Users;
13. pretend to be another User;
14. directly or indirectly benefit antisocial forces in connection with the Company's services;
15. interfere with the operation of the Services, damage the Company's credit, or commit any act threatening to cause the above;
16. any act in violation of CC license specified by the Artist, or
17. commit any other act which is deemed inappropriate by the Company.
Article 27 (Termination etc. of Provision of Services)
The Company shall have the right to terminate or suspend the provision of the Services in whole or in part without prior notice to Users if deemed necessary by the Company due to any of the following events:
1. the Company undertakes maintenance, inspection, or renewal of any computer systems related to the Services;
2. it becomes difficult to provide the Services due to an event of force majeure such as an earthquake, lightning strike, fire, power failure or natural disaster;
3. any computer or telecommunication systems etc. accidentally go down;
4. due to a trouble in other SNS services, the provision of services is suspended, collaboration with the Services is terminated, or any specification is modified; or
5. the Company determines that the provision of the Services is difficult.
The Company shall have no liability for any disadvantage or damage suffered by any User or third party due to the termination or suspension of the provision of the Services.
Article 28 (Limitation on Use; Deletion of Registration)
The Company shall be entitled to limit use of the Services by a User in whole or in part or delete registration as a User without prior notice in any of the following events:
1. such User is in violation of any provision of these Terms;
2. any false fact is found in such User's registered information; or
3. the Company determines that such User's use of the Services is inappropriate.
The Company shall not be liable for any damage suffered by such User due to the Company's action under this Article.
Article 29 (Disclaimer)
1. The Company shall not be liable for any default unless the same is due to its willful misconduct or gross negligence.
2. If the Company becomes liable for any damage for any reason, it shall only be liable for damage within the reasonable scope, and within the amount received by it for pay services (for continuous services, the amount equivalent to three (3) month pay services).
3. The Company shall have absolutely no responsibility for any transaction, communication or dispute etc. between any Users or between any User and a third party.
4. The Company gives no warranty with respect to the accuracy, legality, recentness, appropriateness and safety etc. of information or any content obtained through the Services, or the effectiveness as advertising media of distribution. Even if Users directly or indirectly receive from the Company any information concerning the Services, any content of the Services or any other User, the Company gives no warranty to Users beyond the scope of these Terms.
6. A User shall research at his/her cost and responsibility whether or not the use of the Services is in violation of any law, regulation or internal rule of any industry organization which is applicable to such User, and the Company gives no warranty that the use of the Services by any User is in compliance with such law, regulation or internal rule etc. of any industry organization applicable to such User.
7. A User shall deal with and resolve at his/her own responsibility any transaction, communication or dispute etc. between such User and any other User, other SNS service provider or any third party in connection with the Services or the Company's website, and the Company shall have no responsibility at all with respect thereto.
8. The Company shall not be held liable for any damage suffered by any User due to suspension, termination, cessation, unavailability or change of the provision of the Services by the Company, deletion or loss of message or information of Users, deregistration of registered Users, loss of data or failure of or damage to equipment by use of the Services, or any other damage arising out of or in relation to the Services.
9. Regardless of any linkage from the Company's website to another website, or from another website to the Company's website, the Company shall not be responsible for any website other than the Company's website, or for any information obtained from such other website.
10. The Company shall not be responsible for any slowdown of screen display speed or any failure etc. (including loss of contents due to any cause) due to excessive accesses or any other unexpected factors.
11. The Company shall have no obligation to monitor or preserve the content of the Services.
12. The Company shall not be liable for any damage etc. suffered by any User due to advertisements (including but not limited to banner advertisements) displayed on the Services or any other media.
Article 30 (Change of Content of Services)
The Company reserves the right to change the content of the Services or terminate the provision of the Services without notice to Users, and shall not be liable for any damage suffered by Users arising therefrom.
Article 31 (No Assignment of Rights or Obligations)
A User may not assign to or collateralize for the benefit of any third party his/her contractual status under any service contract, or any right or obligation under these Terms without the Company's prior written consent.
Article 32 (Discontinuation of Services)
The Company shall be entitled to discontinue the Services if deemed difficult by the Company to continue the operation of the Services. The Company shall not be liable for any damage suffered by Users arising therefrom.
Article 33 (Treatment of Personal Information)
Article 34 (Compensatory Damage)
A User shall compensate for any damage suffered by the Company or any third party due to his/her use of the Services for any reason attributable to such User.
In the event that any claim or demand is brought against a User by any other User or third party, or any dispute occurs between such User and any other User in connection with the use of the Services, such User shall at his/her own cost and responsibility resolve the same.
Article 35 (Matters for Consultation)
Any matter not provided for herein or any doubt concerning the interpretation of these Terms shall be resolved through consultation between the Company and the relevant User in good faith.
Article 36 (Governing Law; Jurisdiction)
These Terms are governed by and construed in accordance with the laws of Japan.
The Company and Users agree that any dispute arising out of the Services shall be subject to the exclusive jurisdiction of the Osaka District Court as the court of first instance.
Article 37 (Contact)
Any questions concerning the Services may be directed to the following contact:
Senko Group Hldings Co., Ltd.
alphanote: Form of Inquiry