Terms of Use

1. Definition

  • Our Company : nana music, Inc.
  • The Services : Any service provided through application software ”nana”, website of nana, etc, whether now or hereafter provided by Our Company (it does not matter whether they are for computers or mobile phones and their style of system like platform, operation system and others).
  • Charging Services : Any services provided for compensation of the Services.
  • Basic Services : Any services other than Charging Services.
  • User : Anyone who uses the Services including a person wishing to use the Services and the Member. Also, usage of the Services means the use by all methods, regardless of aspect, such as using application software, visiting the website of nana, etc.
  • Member : User who registered to the Services.
  • Registration information : Any information provided by the User for registration.
  • Contents : Any information including music, animated film, sound, graphics, writings, text and other information that the Users uploads to the Services.
  • TOU : This Terms of Use, privacy policy and any other all agreements relating to the Services to be executed between Our Company and the Member.

2. Scope of TOU

This TOU governs usage of this service. The Users shall be deemed to agree this TOU at the time of first use of the Services.

3. Acceptance of TOU

  • Our Company reserves the right to update the TOU at anytime without notice to the Users and at its discretion.
  • Updated version of the TOU becomes valid at the moment when it becomes public on the Services.
  • Use of the Services after the update of the TOU is deemed an agreement to the latest version of the TOU.

4. Privacy and Protection of Personal Information

See the privacy policy disclosures relating to the collection and use of your information. Our Company may disclose statistical information (excluding any information that would personally identify an individual) pursuant to Article2-2 of the privacy policy to a third party with or without charge.

5. Registration

  • The Users who wish to use the Services (“registering applicant”) can apply to registration only after they agreed to the TOU.
  • Registering applicant becomes the Member when Our Company accepts registration application.
  • Our Company has a right to dismiss registration application under following conditions:
    • Falsity is found on registration information:
    • Registering applicant was canceled its membership by Our Company in the past due to noncompliance with the TOU: and
    • Any other registering applicant that Our Company considers inappropriate.

6. Administration of registration information

  • The Member shall be responsible for controlling and using their email address and password to use the Services.
  • The Member shall not disclose, lend, transfer, sell, license for any methods whatsoever registered email address and password.
  • The Member shall keep their registration information accurate and up-to-date. Our Company will not bear any responsibility on any disadvantages occurred due to neglect of updating registration information.
  • Our Company will not bear any responsibility on damages, etc. caused by the Member’s inappropriate administration of registered email address and password.

7. Members’ Responsibility

  • The Member shall be responsible for use of the Services and result of use.
  • The Member shall be responsible for any contents that such User posted on the Services. Our Company will not bear any responsibility.
  • The Member shall be responsible for solving any problem related to copyright, privacy right, and any other unjustifiable infringement of a third party’s right.

8. Membership Cancellation

  • The Member has a right to cancel its membership at any time through the manner set forth by Our Company. Any rights that come with membership will be immediately waived and become null upon cancellation of the membership.
  • Our Company has a right to cancel the Member’s membership at anytime under following circumstances:
    • The Member violates any term of the TOU.
    • Falsity is found on registration information.
    • Any other reasons that Our Company considers appropriate.

9. Prohibited Activities

  • Activities listed below are prohibited on the Services.
    • Any activities that obstruct Our Company’s business operation.
    • Any activities that obstruct other Members’ use of the Services.
    • Any activities that violate a person’s honor, social trust, privacy, right of publicity, copyright, intellectual property right, and any other kind of right.
    • Any activities that insult, assault, or calumniate a person.
    • Any activities that violate any laws or ordinances.
    • Any activities that could be offensive to public order and morals.
    • Any activities that could lead to or assist criminal behavior.
    • Any activities that could lead indecent acts.
    • Any activities of commercial or business use of the Services without permission from Our Company
    • Any activities that could harm trust of the Services.
    • Any activities that could cause a problem for operation of the Service.
    • Any activities regarding the Services without approval from User’s legal representative in case of the User is a minor.
    • Any activities that Our Company considers as inappropriate.

10. Actions to prohibited activities

  • Our Company has a right to stop publishing or to delete all or part of contents uploaded by the Members in case these contents could violate Article 9 of this TOU.
  • Our Company shall have the sole discretion to judge whether or not there exists a situation that could violate Article 9 of this TOU.
  • The Members shall not raise any objection against or claim any monetary request regarding stopping publishing or deleting contents by Our Company.
  • Upon a copyright claim made by the content owner, Our Company shall have the discretion to delete or alter the privacy settings of the content, regardless of the illegality of the content or the occurrence of a TOU violation.

11. Suspension / Discontinuance of the Services

  • Our Company may suspend or discontinue all or part of the Services under following circumstances.
    • When periodical or urgent maintenances of operating system of the Service are needed.
    • When operating system of the Services are stopped due to accidents.
    • When force majeure such as fire disaster, earthquake, power outages, or tsunami makes it impossible to operate the Services.
    • Any circumstance in which Our Company considers it is necessary to suspend or discontinue the Services.

12. Ownership and Intellectual Property Right

  • The Member shall not use the Services in anyway beyond the scope of use provided in the TOU.
  • All intellectual property rights of the Services such as copyright, patent, trademark or design right shall belong to Our Company or Our Company’s licensor , and the Member shall not violate any of them.
  • All intellectual property rights of contents that are generated by the Member shall belong to such Member.
  • Our Company has a right to publish Member-generated contents to public on promotional purposes, etc. The Member hereby grants to Our Company worldwide, royalty-free, open-ended, non-exclusive rights to use these contents (including right of reproduction, performance, screen presentation, public transmission, public communication, recitation, exhibition, distribution, rental, translation, adaptation and paraphrase, regardless of the possibility of purpose for profit) at the time of uploading, and Our Company may sublicense the same right to any third party and let such third party sublicense the same right to any third party(hereinafter referred to as “The License”). The Member shall not exercise any rights such as moral right, intellectual property right, or any other right against Our Company or a third party granted The License by Our Company.
  • If the Member transfers its contents to a third party, the Member shall cause such third party to agree with the TOU. If such third party will not agree with the TOU, Our Company will not approve such transfer.
  • The rights of the sound recordings and contents provided by the Services other than provided by the Members belong to Our Company or a third party right holder.

13. Collaborative function

  • The Member hereby grants a right to use contents that such Member created and shared on the Services to other Members who wish to use them by collaborative function such as overdubbing. Such Member shall not exercise any rights such as moral right, intellectual property right or any other right against the use of the contents by other Members.
  • Copyright (as provided in Article 28 of the Copyright Law) of the altered contents will belong to the Member who implemented such alteration. A copyright or other rights of the Member who created original contents will not be affected by such alteration.
  • Our Company shall not bear any responsibility for the result of the use of altered contents by the User that is beyond the scope of the Services.
  • The Member hereby grants to Our Company The License Our Company regarding altered contents generated by collaborative function. The Member shall not exercise any rights such as moral right, intellectual property right, or any other right against Our Company or a third party sublicensed by Our Company.
  • The Member shall not make any alteration that might impair rights of original work or a person’s reputation when such Member exercises collaborative function of the Services. Our Company has a right to delete or stop publishing all or part of such contents without notice.
  • Our Company shall not be responsible for any trouble caused by collaborative function. If there is any trouble between Members, such Members shall have to settle the problem by themselves.

14. Fee of the Service

  • Registration for the Services and use of the Basic Services will be free.
  • The Member shall pay to Our Company compensation of the Charging Services pursuant to the payment method as designated by Our Company. The details and usage fees of the Charging Services offered by Our Company would be indicated on the Services or our website.
  • Our Company will not refund the compensation paid by the Member for any reason.
  • If the Member fails to pay above fees when due and payable, or breaches any provision of TOU, Our Company shall be entitled to, without any advance notice and demand to the Member, suspend or discontinue the Charging Services.

15. Period of Use, etc. of Charging Services

  • The period of use of the Charging Services will be set as 1 month. However, as mentioned in 16.3, as long as the Charging Services are not cancelled, they will be renewed for another month when the current 1 month period is over.
  • The usage fees of the Charging Services will be for 1 month when the Charging Services are started, and for 1 month for every month the services are renewed. Even if the actual period of use is less than 1 month, the usage fees for the 1 month must be paid.
  • Member of the Charging Services can cancel the services in the methods established by Our Company. The Services can be cancelled when Our Company receives the notice of cancellation. However, if the notice is made in the middle of the month, the Services will continue until the end of that month.
  • The cancellation mentioned in 16.3 can only be conducted by the users themselves, and cancellations using methods not established by our company will not be accepted.
  • Even if the Charging Services are cancelled, you will continue to be registered as a Basic Service user.

16. General Disclaimer

  • Our Company will not guaranty faultlessness, accuracy, applicability, usability or non-infringement of the contents provided through the Services. The Member shall be responsible for use of the Services.
  • Our Company shall bear no responsibility for the damages to the Member caused by the contents or use of the Services (including the damages caused by the trouble, etc. with a third party).
  • Our Company will not guaranty assured provision of the Services, access result, and quality of security. Our Company shall bear no responsibility for the damages or failure to the Member or a third party due to defects of the Services, including the case where the Services is suspended under the circumstances defined in Article 11.
  • Our Company shall not bear any obligation to monitor or archive the contents on the Services.
  • The Member shall be responsible for uploading any kind of information to the Services. If there is any problem, trouble or complaint, the Member shall resolve such problem, etc., and Our Company shall be exempted from any liability regarding such problem, etc.
  • Our Company shall not be responsible for damages caused by delayed or undelivered emails or any other causes in result of computer system failure.
  • Our Company shall not be responsible for damages to computers, lines, software, etc, caused by files or virus downloaded from the Services or any third party’s website.
  • Our Company may change name, specification, or service menu of the Services anytime without notice. Our Company shall bear no responsibility for damages caused by such changes.
  • The websites linked from the Services are not managed by Our Company. Our Company will not guaranty faultlessness, accuracy, applicability, usability or non-infringement of contents on the websites linked from the Services.
  • The Member and the User hereby agree not to claim any damages against Our Company in cases to which any Paragraphs of this Article is applicable.

17. Upper limit on Compensation Payouts

  • Amount of the compensation paid to the Member or the User by Our Company shall be limited to actual, normal and direct damages regardless of the nature of the claim, and shall not exceed the consideration paid by the Member to Our Company for the immediately previous six (6) months in relation to the Charging Services. Our Company shall not be responsible for the Member or the User’s lost profits and indirect or special damages.

18. Damage claim

  • Our Company may claim damages (including attorneys’ fee) against the Members or the Users who violate the TOU and cause damages.
  • Our Company will have a right to suspend use of the Services of the Members or the Users who violate Article 9 based upon the Copyright Law or other laws or ordinances.

19. Assignment

  • In cases where Our Company has assigned the Services to a third party (it means business assignment, company split or any other form of business transfer), Our Company may, assign to such third party its status under TOU, its rights and obligations under TOU, and the information relating to the User and the Member, and the User and the Member hereby agrees to such assignment in advance.

20. Severability

  • The invalidity of any provision of this TOU shall not affect its validity of any other provision of this TOU. Invalided provisions will automatically be replaced by effective provisions that fulfill the original purpose that the invalided provisions. The Member hereby agrees to such replacements in advance.

21. Governing Law and Jurisdiction

  • This TOU shall be governed by and construed in accordance with the laws of Japan, and Tokyo District Court shall be the exclusive first-instance court.

22. Language

  • The original of this TOU shall be in Japanese, and in case of any discrepancies between the original and its translation, the Japanese version shall govern.

Supplementary Provisions

  • 2012/6/1 Established
  • 2013/5/7 Revised
  • 2015/5/12 Revised
  • 2016/10/18 Revised