The Rules of utilizing the Site and Music score
The original text of this Rules shall be in Japanese, and any
other language translated therefrom shall be reference translation provided to
the Users’ convenience only.
1. Agreement
to the Rules
This Rules set forth the terms and conditions for utilization of
the Service to be provided by Meow on the Bridge Inc.
(hereinafter referred to as
the “Company”) with regard to the Website “Meow on the Bridge” operated by the
Company. It is assumed that the Utilizer agrees to abide by the Rules in using
and/or purchasing the Service.
2. Definitions
of the Users, etc.
The word “Utilizer” shall mean any person who accesses to the
server of the Site.
The word “Purchaser” shall mean any person who purchases any
product of the Site to be sold on this Site.
The word “User” shall mean any Utilizer or Purchaser who submits
an application for the user registration of the Site and such application is
approved by the Company.
The word “Service” shall collectively mean any service to be
provided by the Company to the Utilizer through the Site.
3. The
Application and Scope of the Rules
The Rules shall apply to the utilization by the Utilizer of the
Site and the Service. Further, the provision set forth to be applied to the
Purchaser shall apply only to the Purchaser.
The Company may, in addition to the Rules, set forth separate
rules to be applied to the service for each Service
(hereinafter referred to
the “Individual Rules”
). Further, if there is
any provision in the Individual Rules which contradict to the one in the Rules,
the provision of the Individual Rules shall control within the scope of the
contents of the Individual Rules.
The Rules shall be the agreement between the Utilizer and the
Company with respect to the providing and the utilization of the Site and the
Service, and the Utilizer shall abide by The Rules in utilizing the Site or the
Service.
If any part of the Rules is declared to be invalid under any law
or regulation or by the decision of the competent jurisdiction, etc., the
remaining part of the Rules shall remain as valid provisions.
4. Sales
The Service is the service to provide the Purchaser with the
license to use the music score data.
The individual transaction of the Service shall be concluded
when the Purchaser completed the order procedure on the Site.
After the conclusion of the transaction of the Service, the
Utilizer may not cancel its order, return the products, exchange with other
products, etc., on the convenience of the Purchaser regardless of the
downloading except for the case of defective product.
Even in the case where the Purchaser's address or resident is
out of Japan (the address of the principal place of business or of the main
office in the case where the Purchaser is judicial person), the total amount of
the product price and the amount equal to the consumption tax shall be invoiced
for the reason of the system of the Site.
5. License
(Grant of the Right to Utilize)
The Company grants the Purchase the right to use the product for
which the order procedure is completed on the Site.
The Company is not granting the following. Those actions set
forth below are prohibited unless otherwise approved under the Copyrig
ht Law and other relevant laws and regulations.
1.
To
rent, lease, lend, display, sell, transfer, distribute, or sub-license to any
third party the purchased music score or physical medium to which such music
score is fixed as are directly recognizable by the sense of sight (hereinafter
referred to as the “Printed Matters, etc.) except for the use by the member of
the orchestra to which the Purchaser belongs or of other group which has the
purpose of musical performance to the necessary extent of performing the
purchased music.
2.
To place the purchased
product in the situation where an unspecified large number of people may
access.
3.
To have so called AI
(Artificial Intelligence) to read the purchased product.
The license shall be granted to the Utilizer under the
conditions that the utilization is subject to the Copyright Law and its
relevant regulations and to the rules of the copyright management group of
Japan and of the countries of utilization.
6. Storage
of Music Score Data
Among downloaded data from the Service, the data protected by
the password may be stored in the terminal or storage medium owned or
controlled by the Purchaser himself or herself, or cloud service, etc. to the
necessary extent for an appropriate utilization purpose.
The data not protected by the password may be stored in up to 2
terminals (the storage in the cloud shall be deemed to be the one in 1
terminal) which are owned or controlled by the Purchaser himself or herself to
the necessary extent for an appropriate utilization purpose.
The Utilizer shall be responsible for unauthorized utilization
of the data or its Printed Matters, etc. provided under the Service. Therefore,
the Utilizer is, under its own responsibility, to manage to avoid unauthorized
utilization by any third party.
7.
Prohibited Acts
The Company may, without
noticing or demanding, suspend temporarily or revoke the relevant User’s
qualification, or cancel the grant of the license when the User falls within
the scope of the followings; In this case, such User shall be responsible for
the payment of utilization charge already incurred, and the Company shall not
be responsible for repay the utilization charge or return the data of
registration information.
1.
In case of duplicating the
Printed Matters, etc. or having any third party duplicate them. In case of
unlawfully circumventing the payment of copyright royalties in the countries or
the region where the music score are utilized.
2.
In case of delayed
performance of payment of the debt of utilization charges, or refusal of
payment, circumvent of payment by an unlawful measure, or failure of credit
card settlement.
3.
In case of utilization
beyond the scope of the grant of utilization.
4.
In case of false statement
of User's registration information.
5.
In case of altering or
unlawful using of the information with respect to the Service.
6.
In case of interfering the
operation of the Company and the Site.
7.
In case of committing a
criminal act or an act which may lead to the crime.
8.
In case of performing an
act which is offensive to the public order and morality.
9.
In case of disclosing,
lending or transferring ID or password, etc. to any third party.
10.
In case of providing the
data on the Service
(not limiting to the sales product )by means of unauthorized
duplication, transmission, reprint, hand out, distribution, etc.
11.
In addition to each
aforementioned item, in case of performing an act causing unjustifiable damages
to the third party including the Company.
12.
In case of breaching any
of the Rules.
13.
In other cases, such as
the Company judges the User as an inappropriate user.
8.
Discontinuance and Suspension of the Service
The Site may be discontinued or suspended without the Utilizers’
consent due to the maintenance or failure of the system, man-made disaster, an
Act of God, power stoppage, or any other unavoidable reason. The Company shall
not be responsible for any damages suffered by the Utilizer or any third party
due to the discontinuance or the suspension of the Service. Moreover, the
Company may terminate providing the Service with 1 or more months’ prior
notice.
9.
Compensation for Damages
The damages suffered by the Utilizer’s utilization of the
Service shall not cause any trouble or damage to the Company.
In case where the Utilizer cause damages to the Company by an act violating the
Rules or unlawful or illegal action, the Company shall be entitled to claim the
damages against such Utilizer
to the extent deemed reasonable.
In the event where the Utilizer, in violation of the items 3 or 4 under Article 5 herein, produces any musical score for commercial use based on any of the products obtained through the Service and has sold such musical score, the Company’s loss and damage shall be calculated by deducting the copyright royalty to be paid to JASRAC from total amount derived by multiplying the list price of the original product with the total number of such musical score sold in the form of print or download.
10.
Disclaimer
1.
The ID/password to be
provided to the User under the Service shall be managed by the Users under its
own responsibility, and the Company shall not be responsible for any damages,
etc. caused by an unauthorized usage thereof.
2.
The Company guarantees
neither correctness nor usefulness of the data on the Site.
3.
The Company guarantees no
completeness of the system or security of the Site.
4.
The Company guarantees no
usability of the data provided through the Site in the specific environment of
the Utilizer.
5.
The Company shall not
responsible in any manner for the consequences to the Utilizer’s terminal or
software, etc. by utilizing the Service.
6.
The Company shall not
responsible in any manner for the damages, etc. suffered by any third party
through utilizing the Service.
7.
The Company shall not
responsible in any manner for discontinuance or suspension of the Service or
the delay of providing the information, etc. due to the failure of the
equipment, man-made disaster, an Act of God, power stoppage, or any other
unavoidable reason.
11. Personal
Information
The Company shall carefully
treat, manage and protect personal information of the Utilizer of the Service
according to the “The Policy on the Protection of Personal
Information
” to be set forth separately from the Rules.
12.
Agreement on Jurisdiction
The Tokyo District Court has an exclusive jurisdiction by
agreement over any disputes arising from the transaction between the Utilizer
and the Company with respect to the Rules and the Service.
13.
Governing Laws
The effectiveness and the interpretation of the Rules shall be
governed by the laws of Japan.
14.
Amendment of the Rules of Utilization
In case where the Company amends the Rules, the notification thereof shall be on the Site or by mail. Further, the Rules of utilization loaded on the Site shall take effect over all of the Utilizers set forth in the Article 2 hereof.