Terms of use for download sales of sheet music etc.
Komaki Music,inc. (hereinafter referred to as ``the Company'') sells sheet music data at the online shop ``eJPC'' (hereinafter referred to as ``this site'') operated by the Company, and services provided by this site (hereinafter referred to as ``the site''). The following Terms of Use (hereinafter referred to as "Terms") are established for the Service (details of which are set forth in Article 6). When using this site and this service, please read and agree to the terms and conditions of this agreement in advance.
Article 1 (Purpose)
These Terms set forth the content, terms of use, confirmation items, precautions, etc. regarding this site and this service. These Terms and Conditions are a contract between us and our company regarding the use of this site and this service, and apply to all customers who use this site (hereinafter referred to as "users", the details of which are set forth in Article 5). Applies.
Article 2 (Individual Terms)
1、In providing this service, the Company has separate terms and conditions and precautions (hereinafter referred to as "Individual Terms" and collectively referred to as "These Terms, etc.") in addition to these Terms. may be determined.
2、If the Company establishes individual terms and conditions, the applicable individual terms and conditions will apply to the applicable individual services, transactions, precautions, etc., along with these Terms.
3、If there is a contradiction or conflict between the provisions of these Terms and the provisions of the Individual Terms, the provisions of the Individual Terms shall take precedence.
Article 3 (Changes to Terms)
1、Our company may change these Terms, etc. at our discretion if any of the following apply.
(1) When changes to these Terms, etc. are compatible with the general interests of users.
(2) Changes to these Terms, etc. do not contradict the purpose of the contract, and are reasonable in light of the necessity of the change, the appropriateness of the changed content, the content of the change, and other circumstances surrounding the change. One day.
2、When changing these Terms, etc. based on the preceding paragraph, as a general rule, one month before the date on which the changed Terms, etc. come into effect (However, in case of service operation or technical emergency, we may change the terms within a reasonable period of time). We will notify you by posting on this site that we will change these Terms, etc., as well as the contents of the changed Terms and Conditions, etc. and the effective date.
3、If a user uses this site or this service after the effective date of the revised Terms, etc., the user will be deemed to have agreed to the changes.
Article 4 (Agreement)
1、In order to use this service, you must agree to these terms and conditions. If the user uses this service, it will be deemed that the user agrees to these terms and conditions.
2、Minors must obtain the consent of a legal representative such as a parent or guardian before using this service. In addition, if a minor uses this service, it will be assumed that the consent of the minor's legal representative has been obtained.
Article 5 (Users)
1、In these Terms, "User" refers to a person who uses this Service after agreeing to these Terms.
2、If there is a change in address, e-mail address, telephone number or other registered information, the user shall promptly change the registration. The Company assumes no responsibility for any damage or disadvantage caused to users due to failure to make such changes.
Article 6 (This service)
1、This service includes the following services.
(1) Sales of musical score data
(2) Downloading the purchased sheet music data
2、Our company may change the content of this service at our sole discretion. We will notify you of the content of this service after the change by notifying you of changes to these terms and conditions. Please note that our company will not be held responsible for any disadvantages caused to users due to changes to this service.
Article 7 (Preparation of equipment, etc.)
1、The User shall maintain and manage the following environment necessary to use the Service at the User's own responsibility and expense, and the Company will not compensate for any costs. .
(1) Preparation and installation of computers, communication equipment, and all other equipment necessary to use this service
(2) Conclusion of a communication line usage contract, subscription to an Internet service, and payment of communication fees and other expenses required to use this service.
2、The Company is not obligated to change the content or provision method of the Service in order to ensure compatibility with the Service regarding all equipment, software, communication environment, etc. used by the User when using the Service. there is no.
3、When using the Service, the User fully understands that access to the Service may be interrupted, errors may occur, or security issues may arise during the process of transmitting and receiving information, data, software, etc. Then use this service.
4、Our company is not responsible for any damage caused by users acquiring information or data through this site or this service, or viewing software, etc.
Article 8 (Outsourcing)
1、The Company may, at its sole discretion, outsource all or part of the operations related to the Service, such as the management of the Site and payment processing, to a third party.
2、Our company may provide information, including users' personal information, to the outsourcing company, subject to a confidentiality obligation, to the extent necessary for the performance of the business.
Article 9 (Investigation)
In order to maintain and promote the healthy operation of this service, our company checks whether users are using various functions according to the purpose of this service, whether they are engaging in prohibited acts stipulated in these terms, and other provisions stipulated in these terms. We can investigate whether you are using this service according to the following. However, the Company does not have any obligation to the User to conduct such investigation.
Article 10 (Interruption/Suspension of Service, etc.)
1、If any of the following items apply, the Company may temporarily suspend the provision of all or part of the Site and Services without prior notice to the User.
(1) When performing regular or emergency maintenance of the system or related equipment for providing this site or this service.
(2) When the provision of communication lines, electricity, etc. used by our company is interrupted.
(3) When access from users is concentrated and usage exceeds the system capacity.
(4) When this site or this service cannot be provided due to fire, power outage, etc.
(5) When there is a request or instruction to restrict communication, etc. due to the occurrence or threat of occurrence of a natural disaster such as an earthquake, typhoon, flood, tsunami, etc., or When the Company determines that such restrictions, etc. are necessary.
(6) When it becomes impossible to provide this site or this service due to other technologically unavoidable reasons.
2、The Company will not be held responsible for any damage caused to the User due to temporary suspension of the provision of this Site or this Service due to the reasons specified in each item of the preceding paragraph.
Article 11 (Change/Cancellation/Termination of Service)
Our company may suspend or terminate the provision of this site and this service at our sole discretion. In this case, the Company will release any liability to the User (excluding liability for performance of obligations related to transactions validly concluded prior to cancellation or termination) by notifying the User to that effect in advance on this site. Masu.
Article 12 (Prohibited matters)
1、In addition to acts prohibited by other provisions of these Terms of Use, users shall not engage in any of the following acts themselves or by any third party when using this site and this service. not.
(1) Declaring or registering false information when registering as a user or changing user information, etc.
(2) Buying, selling, transferring, licensing user qualifications to third parties, use of fictitious names, unauthorized name changes, and similar fraudulent acts.
(3) Acts related to copying, distributing, lending, transferring, publicly transmitting, making transmittable, or showing sheet music data, whether for profit or non-commercial purposes. However, this excludes cases where the Company has separately granted permission in these Terms, etc.
(4) Act of illegally outputting musical score data in excess of the number sufficient for use by the user.
(5) Acts of duplicating the output paper of musical score data beyond the scope permitted by copyright law.
(6) Alteration of musical score data
(7) Commercial activities and similar acts on this site and this service
(8) Acts related to politics or religion
(9) Acts that infringe on the property, copyright, honor, trust, privacy, portrait rights, publicity rights, and other rights and interests of the Company, other users, and other third parties.
(10) Acts that damage the honor and credibility of the Company (including subcontractors in this item), other users, and other third parties, or interfere with their business and activities, using fraudulent means or force.
(11) Acts that infringe or are likely to infringe on intellectual property rights such as copyrights, trademark rights, and other legal rights of the Company or rights holders designated by the Company (copying content on this service) - This includes, but is not limited to, transmitting, modifying, allowing a third party to use, or transferring or lending to a third party.)
(12) Acts of intruding computer viruses or harmful programs into this site or other websites of our company, group companies, and related corporations.
(13) Acts that place an excessive burden on our system.
(14)Other acts that interfere with the operation of this service
(15) Acts that violate or are likely to violate laws and regulations or public order and morals.
(16)Other acts that violate these Terms, etc.
2、If any damage is caused to the Company or a third party as a result of the User's actions listed in the items of the preceding paragraph, the User shall be required to compensate for such damage. In addition, if the Company compensates the third party for damage, the Company will claim the amount of compensation from the User.
Article 13 (Prohibition of transfer of rights, etc.)
Users may not transfer or assume any rights and obligations arising from the use of this site and services to a third party, or provide them as collateral.
Article 14 (No guarantee)
1、Our company does not guarantee the accuracy, certainty, reliability, or usefulness of any information, data, software, etc. that users may obtain through this site or service, including the matters set forth in the following items, whether express or implied. , there is no guarantee whatsoever.
(1) This site and this service, as well as the information, data, software, etc. obtained through this site and this service, match the user's wishes.
(2) This site and this service, as well as the data and software provided through this site and this service, will be error-free and that errors will be corrected.
(3)The results and information obtained from this site and this service are accurate and reliable.
2、Our company does not guarantee the accuracy, legality, completeness, etc. of the content of linked external sites introduced on this service.
3、Although the Company pays close attention to the security of this site, this service, and the information equipment such as the servers used, this site, this service, and the servers used, etc. may be infected with viruses or other harmful elements. We do not guarantee that it will not.
Article 15 (Disclaimer)
1、The Company shall not be held responsible for any damage caused to users in connection with the use of this site or this service, unless there is intentional or gross negligence on the part of the Company.
2、Our company assumes no responsibility or relationship with respect to any disputes that may arise with other users or other third parties when users use this site or this service.
3、If this agreement falls under the category of "consumer contract" as defined in Article 2, Paragraph 3 of the Consumer Contract Act (Act No. 61 of 2000), our company will be completely exempted from liability for damages as part of this agreement. Provisions that exempt the Company from liability in the event of intentional or gross negligence on the part of the Company do not apply. In this case, if the damage caused to the user is based on the Company's default or illegal act, the Company shall be responsible for the damage that actually occurred, ordinary and We will be responsible for compensation for direct damages up to the amount of the purchase price or monthly usage fee paid by the user to our company.
Article 16 (Intellectual property rights)
1、Musical score data, copyrighted works and contents recorded therein, other data, trademarks, texts, figures, designs, images, videos, images, files, computer and All intellectual property (rights) including programs and other content (including the rights stipulated in Articles 27 and 28 of the Copyright Act) belong to our company or the rights holders designated by our company. It is protected by patent law, design law, trademark law, copyright law, unfair competition prevention law, etc.
2、The User shall not use the rights (things) and contents specified in the preceding paragraph without permission from the Company (such as personal reproduction, transmission, transfer, secondary use, etc. that exceeds the scope of rights restrictions stipulated by the Copyright Act). (including, but not limited to).
3、All content used in connection with this site and this service includes property rights and trade secrets that are protected by laws and regulations regarding intellectual property rights. Users may use this for personal purposes only, provided that they do not make any changes to it.
Article 17 (Personal information)
Our company will use the personal information of users acquired through this service as specified by our company.Privacy Policy|About personal information protection” and handle it appropriately.
Article 18 (Governing law/agreed jurisdiction)
1、The governing law for these Terms and Conditions shall be Japanese law.
2、The Tokyo District Court shall have the exclusive jurisdiction of the first instance for any disputes arising between the Company and users arising out of or in connection with these Terms, etc. or this Site/Services.
Established on September 6, 2023
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