1. Purpose of these Terms
1.1. These terms of use (“Terms of Use”) set out the terms and conditions between this site (NABEO Music Library, “We” or “Us”) and you (“User”) when User uses a service provided by Us to User on this website ("the Service"). 1.2. We can change the content of this agreement without notifying User in advance, and the content after the change will be in effect from the time when it is notified or announced to User. 1.3. We may decide a separate agreement ("the Individual Contract") that limits the scope of application separately from this agreement. 1.4. When We notifies or announces the contents of the Individual Contract to User, User is considered as being agreed to the contents. 1.5. In case there are discrepancies between the Terms of Use and the Individual Contract, the Individual Contract will be applied on a priority basis.
2. Acceptance of Terms of Use
2.1. In order for User to use our service, User must agree to these terms. 2.2. We shall deem to be agreed to the Terms of Use when User use this service.
3. Contents of the Service
The contents of the Service are defined as follows. The details of the contents of the Service shall be determined on this website and other methods that the site considers appropriate. A. Distribution of music scores (“the Paid Delivery Service”) User can download the purchased score data unlimitedly. User agrees that the mail address registered by User will be stated on the purchased scores. B. Other services provided by Us.
4. Utilization of the Paid Delivery Service
4.1. For using the Paid Delivery Service, User pays the fee (“Usage Fee”) for the service. 4.2. The Usage Fee will be determined separately on this website and other methods that we deem appropriate. 4.3. User can make payment only with the methods defined by Us. 4.4. We are not liable for any dispute between User and the third party entrusted with the charge due to the paragraph 4.1. 4.5. We will not refund the Usage Fee for any reason once the payment has been made by the user.
5. Change of Contents of the Service
5.1. We can change the content of the Service determined in Article 3 based on our own judgment without notifying the user in advance. 5.2. We are not responsible for any detriment of User and third parties due to changes in the contents of this service.
6. Temporary Suspension and Stop of the Service
We can temporarily suspend or stop part or all of the Service without notifying User if it falls under the following conditions: A. System maintenance, inspection and updating the system periodically or urgently. B. Having difficulties to provide the Service due to force majeure such as fire, power failure, natural disaster. C. When access from the users concentrates and the usage exceeds the capacity of the system. D. In addition, when we judge that it is difficult to provide the Service.
7. Preparation of Facilities etc.
7.1. User shall maintain the required environments necessary for using the Service exemplified in followings at your own risk, and you can not request the cost burden for Us: A. Preparation and installation of computers, communication equipment and all the equipment necessary for using the Service. B. Conclusion of a contract to use communication lines, subscription to Internet service, payment of communication cost and other expenses required for using the Service. 7.2. We are not obliged to ensure the compatibility of devices and software used by User, and therefore not responsible for changing the contents and provision method of the Service.
8. Disclaimer of Warranty
8.1. We will provide this service as it is and User will use the Service at your own risk. 8.2. We make no warranty on the matters specified below, regardless of the implied warranties regarding the Service. A. The Service meets the needs of User. B. The products, information etc. obtained by User through the Service meet the needs of User. C. No error occurs in the Service and software provided through the Service, and errors are corrected. D. Results and information obtained from the Service are accurate and reliable. 8.3. We are not responsible even if any detriment is caused to User due to preceding paragraphs 8.1 and 8.2, 8.4. User shall receive the Service under the own responsibility, and we will not take any responsibility for any detriment caused in each process.
9. Attribution of Rights
9.1. All copyrights and other rights relating to musical score data (including the rights prescribed in Articles 21 to 28 of the Japanese Copyright Law) belong to each composer or copyright holders. 9.2. All copyrights, other rights and knowhow relating to copyrighted materials and contents contained in musical score data belong to the right holders with a legitimate right.
10. Prohibited Matter
In using the Service, User must not do the following matters: A. To copy, distribute, lend, transfer, publicly transmit, make available for transmission or screening the musical score data / performance recording data, regardless of profit / non-profit and whether through a third party, other than the case in which We exceptionally grants the permission. B. Modification of musical score data / performance recording data We hold. C. Infringement of the rights and privacy of Us or third parties, including copyrights. D. To defame the honor, personality or credit etc. of and giving disadvantage to the copyright owners or other right holders. E. To act contrary to laws and public order and morals. F. To violate laws and ordinances. G. To impede the operation of the Service. H. To tarnish the trust of this site or the Service. I. To repeatedly write same content of comments for multiple times. J. To leave comments or contents containing propaganda, aiming profit or offering personal trading / transfer. K. Other actions that We acknowledge that there is a danger of damaging other users or third parties.
11. Cancellation of Eligibility for Use
If We judge that User falls under any of the following conditions, We can temporarily suspend or cancel the use of the Service without giving any notice in advance, and if necessary We can consider implementing measures such as cancellation of the contract. In this case, User shall be obligated to pay obligations incurred, such as the Usage Fee, which has to be paid through methods we separately specify. A. When payment of the Usage Fee etc. is delayed. B. When you refuse payment of the Usage Fees etc. C. The billing method designated by User is rejected or suspended by a third party entrusted with the charging service by Us. D. In case of carrying out a prohibited act prescribed in the preceding Article 10. E. In case of violating any provision of the Terms of Use. F. In case you have received the cancellation of your User registration due to violation of the agreement in the past. G. In addition, when We judge that you are inappropriate as User.
12. User's Responsibility
12.1. In using this service, if a dispute arises between Users or User and other third party, User shall solve the problem with his / her own expense and responsibility, and not cause any damage to Us. 12.2. In case that User causes damage to Us due to the following reasons, We can claim damages to the User. A. Use of the Service. B. Content and outgoing data sent by User through the Service. C. Connection to the Service. D. Violation of this agreement. E. Infringement of the rights of other User.
13. Personal Information
A. In using of the Service, User agrees to provide accurate personal information to Us. B. We will not take any responsibility even if a third party illegally acquires and uses personal information from other User, which may result in suffering a User’s detriment. C. We can transfer or provide information on the status of utilization etc. of the Service to a third party to the extent that individual can not be identified.
14. Prohibition of Assignment of Rights and Obligations
User shall not assign, transfer, etc. any right and obligation arising in using the Service to a third party and must not create security interests.
15. Effect of Notice
The contents of the notice made in the form of sending e-mails, sending mails to the address, posting on the website of the service, etc. shall be effective immediately.
16. Disclaimer
16.1. We make no warranty as to the accuracy, certainty, reliability, usefulness, etc. of information that User can obtain through the Service. 16.2. Although We or a third party may provide links to other websites and resources on the Service, We are not responsible for the usefulness of these external resources. 16.3. We have no responsibility for any detriment or damage of User or third parties due to temporary suspension or stop of the Service, and change, addition or withdrawal of the contents of the Service and this agreement.
17. Applicable Law
The interpretation and implementation of the Terms of Use shall be governed by Japanese law.
18. Jurisdiction
If a dispute arises in relation to the Service between User and Us, the Tokyo District Court shall be the exclusive jurisdictional court of the first instance.
