Article 3. Definitions
- 1. The “Service” means services for the streaming and distribution by the Company of contents such as music and other programs.
- 2. The “Software” means the “PrimeSeat”, a dedicated software to be offered separately by Korg Inc. for realizing the functions necessary for the Service.
- 3. The “Site” means the main website for the provision of the Service established at a URL determined separately hereof by the Company.
- 4. “Users” means persons who use the Service.
- 5. “Contents” collectively means, primarily the music provided by the Company through the Service, and also video, imagery (including photography), audio, communication, and such other information the Company provides through the Service.
- 6. “Product” means a usage unit combining a set charge amount (including cases that are free-of-charge), a viewing and listening period, and the Contents, etc. involved.
- 7. “Usage Terminal” means the device necessary for the use of the Service on a personal computer having an Internet connection function.
- 8. “Contents Providers” means persons who provide Contents for dissemination through the Service.
Article 4. Details, types, etc. of Service
- 1. The Service consists of services on the Site for streaming and dissemination primarily of music.
- 2. The Service includes the provision of the entire Contents on the Site. All of the Contents are provided to Users, within the range determined in this agreement, by the Company, affiliates of the Company, and Contents Provider. The copyrights for the selection, editing, arrangement, and improvement of the Contents provided on the Site are owned by the Company.
- 3. The Company may, at any time without prior notice to Users, change, make additions, or terminate, etc., the name or the details of the Service.
Article 5. Usage requirements
- 1. In order to use the Service, Users must at their own cost and responsibility, and without the involvement of the Company, arrange for and maintain the equipment (including terminals for use) necessary for using the Service as well as software and the agreements necessary for using an Internet connection, etc.
- 2. For using the Service on the Site, the Software must be installed on the user terminal.
- 3. Under-age persons, of-age wards, or persons with a curator or assistant assigned to them cannot use the Service without the permission of their legal representative, guardian, curator, or assistant.
Article 6. Charges, etc.
- 1. The Company prescribes for each Product on the Site service charges (“Charges, etc.”) for the use of the Service.
- 2. Users are under obligation to pay according to a payment methods separately stipulated the Charges, etc., to the Company.
Article 7. Temporary suspension and discontinuation of the Service by the Company
If the Company recognizes any of the following events has occurred or threatens to occur, the Company may upon advance notice published on the Site suspend in part or in total the provision of the Service. In such a case, the Company incurs no liability for any loss and damages sustained by Users as a consequence thereof. Notably, Users agree in advance that if required in an emergency, the said notice may be given after the event.
- (1) In case of downtime of equipment functions due to maintenance, construction, or damage, etc. of equipment necessary for the provision of the Service.
- (2) In case the provision of the Service is rendered impracticable due to an event of force majeure, including, but not limited to, natural disasters.
- (3) Other operational or technical interference arising to the Company in connection with the provision of the Service.
Article 8. No assignment of rights and obligations
Users shall not, in part or in total, assign, pledge, loan, provide as collateral, or otherwise dispose of this Agreement, their rights and obligations under this Agreement, and their contractual status of this Agreement.
Article 9. Indemnification
Article 10. Prohibitions
Users shall not in the use of the Service engage in any of the acts prescribed in the following items.
- 1. Acts that damage the equipment of the Company
- 2. Acts that infringe on any of the Company's or third parties' copyrights, patent rights, and other rights and interests related to the Service of the Company
- 3. Acts in breach of laws and regulations, etc., involving the use of the Service
- 4. Acts that interfere with the operations of the Service
- 5. Acts of using the Service for commercial purposes
- 6. Acts in breach of public order and morals
- 7. Acts that involve with respect to Contents provided by the Service the posting thereof with dissemination services, etc., including free-of-charge re-dissemination sites, or the dissemination thereof to third parties
- 8. Acts that involve with respect to Contents provided by the Service the replication thereof on DVD or other recording media and the distribution thereof to third parties
- 9. Acts that involve with respect to the contents protection applied by the Service the circumvention or disabling of such protection by technical modifications or other methods
- 10. Acts that involve with respect to audio, etc., distributed by the Service the reproduction, publishing, screening, making public, transfer, public transmission, enabling of transmission, alteration, and other usage, respectively, outside the scope of the personal use permitted under the Copyright Act
- 11. Acts that involve with respect to the telecommunications equipment, computers, and other devices of the Company unauthorized access or acts that interfere or might interfere with their use or operations
- 12. Acts that involve harming the credibility of the Company or causing other disadvantage to the Company
- 13. Acts that incite, promote, or facilitate any of the acts listed in the foregoing items
- 14. All other acts judged inappropriate by the Company
Article 11. Copyrights
All copyrights, rights neighboring on copyrights, trademark rights, and such other rights related to any and all Contents, etc., provided by the Service belong either to the Company or to third parties such as the Contents Providers who are licensors to the Company. Users are permitted to use the said Contents, etc., only for the purpose of viewing and listening in accordance with the Service and are outside this scope barred from reproducing, selling, renting out, publicly transmitting (including enabling public transmission), screening, altering, adapting, and any and all such other methods of use thereof.
Article 12. No warranties
- 1. The Company offers with respect to the details of the Service and the types of Contents, information, etc. provided by the Service no warranty for completeness, accuracy, reliability, usefulness, fitness for a purpose, satisfaction, and other matters.
Article 13. Court of jurisdiction
If litigation becomes necessary in connection with the Service Agreement, the Tokyo District Court or the Tokyo Summary Court shall be the agreed courts of exclusive jurisdiction.