Terms of Use
These Terms of Use (hereinafter referred to as the ``Terms'') require all registered users to comply with them when using the services provided by One by One Music Co., Ltd. (hereinafter referred to as the ``Company''). The matters that must be accepted and the rights and obligations relationship between our company and registered users are stipulated. If you wish to use this service as a registered user, please be sure to read the entire text before agreeing to these Terms.
Article 1 Application
1. The purpose of these Terms is to define the rights and obligations between the Company and Registered Users (as defined in Article 2) regarding the use of the Service (as defined in Article 2), and the terms and conditions between Registered Users and the Company. It applies to all relationships related to the use of this service.
2. Rules, regulations, etc. regarding the Service that the Company may post from time to time on the Company's website (as defined in Article 2) shall constitute a part of these Terms.
Article 2 Definitions
The following terms used in these Terms shall have the meanings set forth below.
(1) "Intellectual property rights" refers to copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (obtaining such rights or applying for registration, etc., of those rights) (including the right to do so).
(2) "Our website" means the website operated by our company whose domain is "onebyonemusic.com" (if the domain or content of our website changes for any reason, the (including the revised website).
(3) “Registered Person” means “Registered Person” as defined in Article 3.
(4) “Registration Information” means “Registration Information” as defined in Section 3.
(5) “Registered User” means an individual or legal entity who has been registered as a user of the Service pursuant to Article 3.
(6) “Service” means the automatic music generation and distribution service provided by the Company.
(7) “Usage Agreement” means the “Usage Agreement” as defined in Article 3, Paragraph 3.
Article 3 Registration
1. Persons who wish to use this service (hereinafter referred to as "Registration Applicants") agree to comply with these Terms and provide certain information specified by the Company (hereinafter referred to as "Registration Information"). ) by providing the Company with the method specified by the Company, you can apply to the Company for registration to use the Service.
2. The Company may refuse registration if a person who has applied for registration pursuant to Paragraph 1 falls under any of the following items.
(1) If there is any falsehood, error, or omission in all or part of the registered information provided to our company.
(2) If the person is a minor, an adult ward, a person under curatorship, or a person under assistance, and the consent, etc. of the legal representative, guardian, curator, or assistant has not been obtained.
(3) Anti-social forces (meaning organized crime groups, organized crime group members, organized crime group associate members, organized crime group-related companies, corporate racketeers, and other groups or individuals that pursue economic gain by using violence, force, or fraudulent methods) ), or if the Company determines that the Company has any kind of interaction or involvement with anti-social forces, such as cooperating with or participating in the maintenance, operation, or management of anti-social forces through funding or other means.
(4) In other cases where the Company determines that registration is inappropriate.
3. The Company will determine whether or not the person wishing to register can register in accordance with the preceding paragraph and other Company standards, and if the Company approves registration, the Company will notify the person wishing to register to that effect. Upon such notification, the registration applicant's registration as a registered user is completed, and a contract regarding the use of this service in accordance with the provisions of these Terms (hereinafter referred to as the "Usage Agreement") is concluded between the registered user and the Company. It will be established.
4. If there is a change in the registered information, the Registered User shall notify the Company of the change without delay by the method specified by the Company, and shall submit the materials requested by the Company.
Article 4 Use of this service
Registered Users may use the Service in accordance with the method specified by the Company in accordance with these Terms and Conditions during the validity period of the Service Agreement.
Article 5 Fees and payment methods
1. Registered users shall pay usage fees determined by the Company as compensation for using this service.
2. Usage fees are calculated at the end of each month, and registered users shall pay the usage fees for the current month to the Company by the method specified by the Company by the last day of the following month. Transfer fees and other expenses necessary for payment shall be borne by the registered user.
3. If the Registered User is late in paying the usage fee, the Registered User shall pay the Company a late payment charge at the rate of 14.6% per year.
Article 6 Management of passwords and user IDs
1. Registered users shall manage and store their passwords and user IDs at their own risk, and shall not allow any third party to use them, nor shall they lend, transfer, change name, buy or sell, etc. .
2. The registered user shall be responsible for any damage caused by insufficient management of passwords or user IDs, errors in use, use by third parties, etc., and the Company will not be responsible for any damages.
3. If a Registered User discovers that their password or user ID has been stolen or used by a third party, they shall immediately notify the Company and follow the instructions from the Company.
Article 7 Prohibited acts
1. Registered users must not engage in any of the following acts when using this service.
(1) Acts that infringe on intellectual property rights, portrait rights, privacy rights, reputation, and other rights or interests of the Company, other users of the Service, or other third parties (directly or indirectly) (Including acts that provoke.)
(2) Acts related to criminal acts or acts that violate public order and morals
(3) Acts of transmitting information regarding opposite-sex relationships
(4) Acts of transmitting information containing computer viruses or other harmful computer programs
(5) Acts that are reasonably deemed to be likely to interfere with the operation of this service by the Company (6) Other acts that the Company reasonably deems inappropriate.
2. If the Company reasonably determines that the act of transmitting information by a registered user using this service falls under, or is likely to fall under, any of the items in the preceding paragraph, the Company shall notify the registered user in advance. You may delete all or part of the information without doing so. The Company shall not be responsible for any damage caused to Registered Users based on the measures taken by the Company pursuant to this section.
Article 8 Suspension of this service, etc.
1. In the event that any of the following applies, the Company may suspend or suspend all or part of the use of this Service without prior notice to Registered Users.
(1) When regularly or urgently inspecting or maintaining computer systems related to this service (2) When computers, communication lines, etc. are stopped due to an accident
(3) If the Service cannot be operated due to force majeure such as fire, power outage, natural disaster, etc.
(4) In other cases where the Company deems suspension or interruption to be reasonably necessary.
2. Our company may terminate the provision of this service at our reasonable discretion. In this case, the Company shall notify registered users in advance.
3. The Company shall not be responsible for any damage caused to Registered Users based on the measures taken by the Company pursuant to this article.
Article 9 Equipment burden, etc.
1. Preparation and maintenance of computers, music and other equipment, communication lines and other communication environments necessary to receive the provision of this service shall be carried out at the expense and responsibility of the registered user.
2. Registered Users shall take security measures at their own expense and responsibility, such as preventing computer virus infection, unauthorized access, and information leakage, depending on their usage environment of the Service.
Article 10 Attribution of rights
1. All ownership rights and intellectual property rights related to our website and this service belong to our company or those who have granted license to our company, and the license to use this service based on the registration stipulated in these terms and conditions is limited to our company. This does not imply a license to use the intellectual property rights of our company or those who have granted licenses to us regarding the website or this service.
2. Text, images, videos, and other data posted or otherwise transmitted by registered users on our website or this service may be freely used by our company without charge (reproduction, duplication, modification, or transfer to a third party). (including sublicensing and all other uses).
Article 11 Registration Cancellation, etc.
1. If a registered user falls under any of the following items, the Company will temporarily suspend the use of this service for the registered user or terminate the registration without prior notice or demand. You can cancel your registration as a user.
(1) If you violate any of the provisions of these Terms.
(2) If it is discovered that the registered information is false
(3) If payments are suspended or become insolvent, or if a petition is filed to commence bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings.
(4) If the Service has not been used for more than 6 months and there is no response to contact from the Company.
(5) Cases that fall under each item of Article 3, Paragraph 2
(6) In other cases where the Company reasonably determines that it is inappropriate to continue registration as a registered user.
2. In the event that any of the items in the preceding paragraph applies, the Registered User will naturally lose the benefit of time for all debts owed to the Company, and shall immediately pay all debts to the Company. Must be.
3. The Company and the Registered User may each cancel the registration of the Registered User by notifying the other party in the manner prescribed by the Company at least three days in advance.
4. The Company shall not be responsible for any damage caused to Registered Users due to actions taken by the Company pursuant to this article.
Article 12 Disclaimer of Warranty and Disclaimer
1. Our company does not provide any guarantees. This Service is provided as is, and the Company makes no warranties whatsoever regarding this Service, including its suitability for a particular purpose, commercial usefulness, completeness, continuity, etc.
2. Even if a Registered User directly or indirectly obtains any information from the Company regarding the Service, the Company's website, other Registered Users of the Service, or other matters, the Company shall not provide the Registered User with the terms of this Agreement. We do not provide any warranty beyond what is specified.
3. Registered Users shall, at their own responsibility and expense, investigate whether the use of this Service violates laws and regulations applicable to Registered Users, internal regulations of industry organizations, etc., and the Company shall , does not guarantee that the use of this service by registered users will comply with laws and regulations applicable to registered users, internal regulations of industry organizations, etc.
4. Transactions, communications, disputes, etc. that occur between registered users and other registered users or third parties in connection with this service or our website shall be handled and resolved at the responsibility of the registered user. The Company assumes no responsibility for such matters, except in cases attributable to the Company.
5. The Company shall not be liable for any interruption, suspension, termination, unavailability or change in the provision of the Service by the Company, deletion or disappearance of messages or information of registered users, cancellation of registration of registered users, loss or loss of data due to the use of the Service. We shall not be liable for any compensation for equipment failure or damage, or any other damage suffered by registered users in connection with this service, unless this is due to intentional or gross negligence on our part.
6. Even if a link is provided from our website to another website, or a link from another website to our website, we do not accept any responsibility for websites other than our website and the information obtained therefrom. , we will not be responsible for anything except in cases attributable to our company.
7. Even if the Company is liable for damages to registered users due to the application of the Consumer Contract Act or other mandatory laws or for any other reason, the Company's liability for damages shall not extend back to the time when the cause of the damage occurred. The upper limit is the total amount of usage fees for this service actually received from registered users in one year.
Article 13 User's liability for compensation, etc.
If a Registered User causes damage to the Company by violating these Terms or in connection with the use of this Service, the Registered User must compensate the Company for the damage.
Article 14 Confidentiality
1. In these Terms, "confidential information" refers to the Company's technology that has been provided or disclosed by the Company in writing, orally, or on a recording medium, etc., or that the Registered User has come to know about in connection with the usage contract or this service. , means all information regarding sales, operations, finance, organization, and other matters. However, (1) the information was already publicly known or had already been obtained at the time of the provision or disclosure by the Company, or (2) the information was provided, disclosed, or obtained by the Company. (3) Items that have subsequently become publicly known through publications or other sources due to reasons not attributable to the person; (3) Items that have been lawfully obtained from a third party with the authority to provide or disclose without being obligated to maintain confidentiality; (4) ) Items that were independently developed without using confidential information, and (5) Items that have been confirmed in writing by the Company as not requiring confidentiality shall be excluded from confidential information.
2. Registered Users shall use Confidential Information only for the purpose of using this Service, and shall not provide, disclose or leak the Company's Confidential Information to any third party without the written consent of the Company.
3. Notwithstanding the provisions of Section 2, Registered Users may disclose Confidential Information pursuant to any law, court or governmental order, request or request. However, if such an order, request, or demand is received, the Company must be promptly notified of the same.
4. If requested by the Company, the Registered User shall, without delay and in accordance with the Company's instructions, return or dispose of Confidential Information, documents and other recording media containing or containing Confidential Information, and all copies thereof. Have to.
Article 15 Validity period
The usage agreement shall remain in effect between the Company and the Registered User during the period of provision of the Service, from the date on which the registration of the Registered User under Article 3 is completed until the date on which the registration of the Registered User is cancelled. will do.
Article 16 Changes to these Terms, etc.
1. Our company may freely change the content of this service.
2. The Company may change these Terms (including rules, regulations, etc. regarding the Service posted on the Company's website; the same shall apply hereinafter in this section). If the Company makes any changes to these Terms, the Company shall notify the details of the change and the effective date of the change by the Company's designated method by the effective date. If a registered user uses this service after the announced effective date, or if the registration cancellation procedure is not taken within the period specified by our company, the registered user will be deemed to have agreed to the changes to these Terms. Masu.
Article 17 Communication/Notification
Inquiries regarding this service and other communications or notifications from registered users to the Company, notifications regarding changes to these Terms, and other communications or notifications from the Company to registered users shall be made in the manner determined by the Company.
Article 18 Transfer of these Terms, etc.
1. Registered users may not assign, transfer, set collateral, or otherwise dispose of the status under the usage contract or the rights or obligations based on these Terms to a third party without the prior written consent of the Company. you can't.
2. If the Company transfers the business related to this service to another company, the status under the usage contract, rights and obligations based on these Terms, registered information of registered users and other customer information will be transferred with the transfer of the business. The Registered User shall be deemed to have consented to such transfer in advance in this section. Please note that the business transfer specified in this section includes not only normal business transfers, but also company splits and other cases where business is transferred.
Article 19 Severability
Even if any provision or part of these Terms is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions and parts of these Terms will be invalid or unenforceable. The remaining portions of the provisions that are determined to be invalid or unenforceable will remain in full force and effect, and the Company and Registered Users will use the provisions to the extent necessary to make the invalid or unenforceable provisions or portions lawful and enforceable. We will endeavor to amend the invalid or unenforceable clause or part to ensure the same legal and economic effects.
Article 20 Survival provisions
Article 5 (limited to cases where there is unpaid balance), Article 6, Paragraph 2, Article 7, Paragraph 2, Article 8, Paragraph 3, Article 9, Article 10, Article 11, Paragraph 2 The provisions of Section 4, Articles 12 to 14, and Articles 18 to 21 shall remain in effect even after the termination of the Usage Agreement.
Article 21 Governing law and competent court
The governing law of these Terms of Use shall be Japanese law, and the Tokyo District Court shall have the exclusive jurisdiction of the first instance for any disputes arising out of or related to these Terms of Use.
Article 22 Consultative settlement
In the event that any matter not stipulated in these Terms or any doubt arises regarding the interpretation of these Terms, the Company and Registered Users shall promptly resolve the matter through mutual consultation in accordance with the principle of good faith and good faith.
[Established on July 23, 2023]
One by One Music Co., Ltd.