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.
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.
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.