Terms of Service
These Terms of Service shall apply to all use of the website (this “Website”) operated by Dmet Products Corp. (“Dmet Products”, “we”, “us”, “our”).
Article 1 (Agreement)
- You must first carefully read the various explanations displayed on this Website and agree to these Terms of Service before using this Website.
- If you are a minor, you must first have a legal guardian (such as a parent) carefully read these Terms of Service and obtain his or her consent before using this Website.
Article 2 (User Accounts)
- In order for you to use this Website, please register user account according to the procedure specified by Dmet Products. When registering your account, you must provide accurate information.
- You must not use the account of another person without the permission of Dmet Products. In addition, you must not allow other persons to use your user account, nor must you transfer it, gift it, offer it as collateral or dispose of it in any other way.
- You are solely responsible for keeping your user account password confidential and secure.
- You are liable for any damage arising due to failure on your part to keep your password secure, erroneous use or use by a third party, etc., and Dmet Products assumes no responsibility whatsoever.
- If your password has been leaked to a third party, or if you suspect that your user account and password are being used by a third party, you must immediately notify Dmet Products of the fact and follow any instructions we may give you. In such case, Dmet Products will be able to suspend the user account and password as being an illegal user account and password.
- You are obligated to change your password regularly, and Dmet Products assumes no responsibility for any damage caused by your failing to fulfill this obligation.
Article 3 (Posting)
- Registering a user account enables you to post voice, music, photographs, images and other content designated by Dmet Products to this website (“your posts”) using our “SoundMoovz” product (the “Product”).
- In the event that any of your posts cause damage to a third party, you shall be solely responsible for resolving all disputes and litigation (“disputes, etc.”) concerning compensation for such damages.
- Dmet Products can delete your posts without prior notice.
Article 4 (Intellectual Property Rights, etc.)
- By posting, you grant Dmet Products a worldwide, non-exclusive, free, sub-licensable and assignable license (the “License”) to freely utilize your posts (including use, reproduction, distribution, creation of derivative works, display, publication, adaptation, making transmittable and demonstration).
- You agree in advance that Dmet Products can modify the contents of your posts for the purpose of promoting the Product, etc.
- The License shall expire when either you or Dmet Products deletes your posts. However, even if your posts have been deleted, if Dmet Products is using your posts for the purpose of promotion, etc., the License will continue until the purpose of such promotion, etc., has been achieved.
Article 5 (Prohibited Acts)
- When using this Website, you must not engage in any acts that fall under, or are likely to fall under, those listed in the following items.
- (1) Acts of utilization of this website for illicit purposes
- (2) Acts that infringe the intellectual property rights, portrait rights, publicity rights or other rights of other users, Dmet Products or other third parties
- (3) Acts that damage the reputation or credibility, or infringe the privacy, of other users, Dmet Products or other third parties
- (4) Acts leading to crimes such as fraud
- (5) Acts of transmission or provision of harmful software programs such as computer viruses, or encouragement of their use
- (6) Acts of alteration, adaptation, reverse engineering, decompilation or disassembly of the content, data and other software, etc., provided on this Website
- (7) Acts of falsification, deletion, or unauthorized diversion of the information of other users, Dmet Products or other third parties
- (8) Acts in violation of laws and regulations, these Terms of Service or public order and morals, or acts that promote, or are likely to promote, such violations
- (9) Acts of using this Website to entice other users or third parties to other websites
- (10) Acts that interfere with the operation of this Website
- (11) Acts of using this Website for commercial purposes
- (12) Other acts that Dmet Products deems inappropriate
- Dmet Products may seek compensation for damages (including reasonable attorneys’ fees and costs) from you if we incur any losses due to your breach of these Terms of Service.
If you commit any of the prohibited acts under this article, Dmet Products may suspend your user account.
Article 6 (Suspension of the Service)
- Dmet Products shall be able to suspend the operation of all or part of this Website for any of the following reasons, and we assume no liability for any losses you may incur due to such suspension, except in cases where such losses are due to our willful default or gross negligence.
- (1) When maintaining or inspecting the equipment and systems required to provide this Website
- (2) When operating this Website is difficult due to fire, blackout, earthquake, natural disaster or system failure, etc.
- (3) Additionally, when it is necessary to temporarily suspend provision of this Website for operational or technical reasons, or when Dmet Products determines suspension is unavoidable
Article 7 (Scope of our Liability)
- Dmet Products makes no guarantees that you will not incur loss or damage, caused by harmful programs such as computer viruses, when using the Service.
- Dmet Products makes no guarantees whatsoever that the devices or software you use will work correctly with this Website.
- Dmet Products will not indemnify you for lost profits, indirect damage, special damage, severe damage, attorney fees and other damages not stipulated in this Article, except in cases where such losses are due to our willful default or gross negligence.
Article 8 (Links)
- You may be able to move to other websites from this Website via links or banners. These websites are not operated by Dmet Products. Accordingly, Dmet Products is not responsible for the contents of such websites.
Article 9 (Changes to the Terms of Service)
- Dmet Products shall be able to change these Terms of Service without notifying you in advance or obtaining your consent.
- Whenever changes are made, you must carefully read the contents of these Terms of Service before using this Website.
- After the changes specified in paragraph 1 have been made, by using this Website, you shall be deemed to have accepted such changes.
- Dmet Products assumes no responsibility for any losses you may incur arising, directly or indirectly, as a result of your not having carefully read these Terms of Service, irrespective of the details or form.
- Dmet Products assumes no responsibility for any losses you may incur due to changes to, or discontinuance of, these Terms of Service, except in cases where such losses are due to our willful default or gross negligence.
Article 10 (Termination of the Service)
- Dmet Products shall be able to terminate this Website without advance notice.
- Dmet Products assumes no liability to you or a third party for losses or damages of any kind that you or a third party may incur arising, directly or indirectly, as a result of the termination of the Service, irrespective of the details or form.
Article 11 (Effect of Provisions)
- Even in the event that certain provisions of these Terms of Service are deemed to be invalid based on laws and regulations, the provisions other than the invalid provisions in question shall remain in effect.
- Even in the event that certain provisions of these Terms of Service are invalidated or canceled with respect to a particular user, these Terms of Service shall remain valid with respect to other users.
Article 12 (Governing Law and Jurisdiction)
- The interpretation and application of these Terms of Service shall be governed by Japanese law.
- For all disputes in relation to these Terms of Service, the Tokyo District Court shall have exclusive jurisdiction.