Terms of Use


"SOUNDAY Terms of Use
Welcome to SOUNDAY Terms of Use.  The following is provision to use our services pleasantly.  Please read these terms of use very carefully prior to your use of our services.  Once you have used Nextrad’s services, we recognize that you have agreed to our Terms of Use.

Article 1 (General Provisions)
These Terms of Use are applied to all services which Nextrad Inc. (“Nextrad”, “we”, “our”, or “us) provides and everything its users (“users”, “you”, “they”, or “their”) utilizes through its services.

Article 2 (Services)
Nextrad provides users the following services;
Music providing services through our website for artist, listeners, and all general users
Providing the platform which allows for distributing content and selling content on our website
Announcing advertisements entrusted by Nextrad
Providing incentive services for members
Implementing and supporting live events
Introducing artists and content through the media platforms related Nextrad
Other related services

Article 3 (Users and Members)
“Users” on these Terms of Use mean individuals and corporations which use services Nextrad provides or approves of, regardless of membership registrations.
“Members” on these Terms of Use mean individuals and corporations which have registered as members by Nextrad’s designated way.
“Users” on these Terms of Use are including “Members”.

Article 4 (Acceptance of Terms of Use)
By using our services, users represent and warrant that they have read and understood the Terms of Use, and they will not claim anything due to ignorance of the Terms of Use.  Users should not use services if they do not agree to these Terms of Use. Utilizing our services accounts for the users’ acceptance of the Terms of Use.
Nextrad will not be responsible for any damage due to users’ ignorance of the Terms of Use, regardless of whether it was willful or by negligence.
 
Article 5 (Limits of Terms of Use)
Provisions Nextrad indicates via online or any other method at any time, are parts of the Terms of Use.  In the case that provisions oppose the Terms of Use, however, provisions take precedence.


Article 6 (Change of Terms of Use)
Nextrad reserves the right to change, alter, replace, or modify these Terms of Use at any time without approvals of users.
Any updates of the Terms of Use will be effective at the time Nextrad indicates them online.
Users must thoroughly comprehend this article, and they have obligations to verify the most up-to-date Terms of Use.  They will not claim ignorance of changes on the Terms of Use.  
Nextrad will not be responsible for any damage due to users’ ignorance of changes on the Terms of Use, regardless of whether it was willful or by negligence.  


Article 7 (Users’ Privacy)
Each user’s personal information is managed in compliance with Privacy Policy on the website services.  Article 4 (Acceptance of Terms of Use), Article 5 (Limits of Terms of Use), and Article 6 (Change of Terms of Use) apply to their agreement to Privacy Policy.
In these cases, “Terms of Use” is replaced with “Privacy Policy”.

Article 8 (Disapproval of Use or Enrollment)
Nextrad could disapprove users or membership applicants to use our services or become a member when they are examined as one of the following.
In case a user or a membership applicant does not actually exist.
In case a user or a membership applicant is under a suspension of use due to a violation of Terms of Use, or has been expelled due to a violation of Terms of Use when they attempt to use our service or apply a membership.
In case there is a falsehood, clerical error, or omission on an application of use or membership registration.
In case there is an impediment of conduct Nextrad business or a technical obstacle.
In case Nextrad concludes as inappropriate.
 

Article 9 (Password Management and Responsibility)
Members ought to maintain their member ID and password in secrecy.  Members must notify Nextrad immediately if they forgot their password or any other personal clarification information, and must follow Nextrad’s instructions.
Members must not share their personal clarification information or right to use our service which requires personal clarification with others, or give others permission to use.
All activities on our service with personal clarification of members will be considered as use and activities by members regardless of actual status, including conduct done by others against this article.
Members should have full responsibility to manage their personal clarification information, including their IDs and passwords.   
Nextrad will not be responsible for any damage that a member sustains by others using the member’s personal clarification information, regardless of whether it was willful or through negligence.


Article 10 (Managing Data File Contents)
Users must preserve all of their data file contents (“contents”) which are created, posted, saved, or uploaded on our service as their own responsibility.
Users must consent that preservation and consistency of content is not definite.
Nextrad will not be responsible for any damage if contents are lost or altered for any reason.  
This article will apply to all contents, including those which users provide to Nextrad via another method (such as mail), not through our services.  Nextrad is not obligated to keep or return any content provided by users or the third parties.
This article applies to the content which Nextrad creates, posts, save, or upload on our platform from another source provided by users or the third parties.


Article 11 (Page Management / Control)
Members will manage and control their own page on our service as their own responsibility.  Article 10 will apply to Article 11, and in this case, “users” should be replaced with “members” and “contents” should be replaced with “member’s own page”.  


Article 12 (Warranties of Contents)
Users must warrant that content which they create, post, save, or upload on our services are lawfully produced and processed their rights.  Users must guarantee accuracy of information on all of their contents.  In case there are any errors, users must bear all responsibilities.  
Users must have been licensed for all intellectual property rights, including copyrights, related rights, and trademarks, right of privacy, and portrait rights of contents which they create, post, save, or upload on our services, and they must warrant that they are not violating any of those rights.
Users must notify Nextrad in writing if there are any restrictions on the use of contents which they create, post, save, or upload on our services in advance.  Users will not be allowed to create, post, save, or upload those contents unless Nextrad will approve them.  
In case that users or the third parties claim, object, or file a suit against contents which users created, posted, saved, or uploaded on our services, the users who created, posted, saved, or uploaded these contents are responsible to resolve these claims, objects, or lawsuits in their own expense.  Nextrad will be indemnified.  
This article will apply to all contents, including those which users provide to Nextrad via another method (such as mail), not through our services.
This article will also apply to the contents which users provide to Nextrad via another method (such as mail), not through our services, and then have Nextrad create, post, save, or upload.  In this case, the users should be obligated to verify the contents on our services.

Article 13 (Contents Managed by Organizations or Business Firms)
Users must notify Nextrad in advance if they create, post, save, or upload contents which are controlled by copyrights managing organizations or copyrights and related rights managing business firms on our services.  Users will not be allowed to create, post, save, or upload those contents unless Nextrad will approve them.  
In case that a payment obligation occurs because of these contents which users created, posted, saved, or uploaded on our services without our approval, the users who created, posted, saved, or uploaded these contents are responsible for all liabilities and obligations.  
This article will apply to all contents which are controlled by copyrights managing organizations or copyrights and related rights managing business firms, including those which users provide to Nextrad via another method (such as mail), not through our services.
This article will also apply to these contents which users provide to Nextrad via another method (such as mail), not through our services, and then Nextrad create, post, save, or upload.  In this case, the users should be obligated to verify the contents on our services.
If any payment obligation occurs caused or related to use of these contents which are not notified to Nextrad, the users should be all responsible and obligated for the payment.  
"
"Article 14 (Use of Contents)
Users will permit Nextrad to use any contents on our services, which they create, post, save, or upload on our services at no charge.
Users will permit Nextrad to use any contents for the purpose of advertising our services which they create, post, save, or upload on our services at no charge.
This article will apply to all content, including that which users provide to Nextrad via another method (such as mail), not through our services.  However, if users seek compensation for the content, the user and Nextrad will negotiate and determine the terms of use in writing.

Article 15 (Protection of Intellectual Property Rights)
Users should verify that all content which includes texts, software, music, audios, photographs, graphics, videos, page-layouts, designs, and other materials provided by Nextrad, advertisers, other users, or other contents holders, are legally protected by each copyrights, trademarks, rights for service marks, patent rights, and other ownerships.
All content which includes texts, software, music, audios, photographs, graphics, videos, page-layouts, designs, and other materials provided by Nextrad or advertisers are legally protected by each copyrights, trademarks, rights for service marks, patent rights, and other ownerships, and each intellectual property rights are reserved by Nextrad, advertisers, and designers.  

Article 16 (Advertisements)
Users will consent that advertisements or banners are displayed with all content, such as websites, emails.

Article 17 (Notifications to Users, Mail Magazine, Questionnaires)
Nextrad can contact users to their registered contact information if there are notifications or contact matters (including our mail magazine).  Nextrad will not be responsible or obligated for any damages caused by a non-delivery or delay of our notifications or contacts.  
Nextrad can conduct a distribution of our mail magazine as well as an enforcement of questionnaires.  Nextrad can also distribute information provided by Nextrad, users, or the third parties (“additional information”) to users.
Users must approve that additional information is selected by Nextrad which includes users’ registered information or questionnaire results followed by the section 1 of this article in advance.  Nextrad will not be responsible or obligated for contents of additional information or all transactions and actions based on the contents of additional information.
Questionnaires’ results which done by Nextrad following the section 1 of this article can be disclosed to the third parties without users’ consents.  Regarding disclosure of personal information, however, the privacy policy will be followed.

Article 18 (Prohibited Conducts)
Upon use of our services, all actions fulfilled following each sections are prohibited
Conduct which violates copyrights, portrait rights, or other intellectual property rights of other users or the third parties
Conduct which violates properties, credits, or privacies of other users or the third parties
Conduct which abuses other users or the third parties regardless of the truth
Conduct which sends, transfers, discloses, copies, or writes an individual’s personal information (email address, residence address, telephone number, or other private information) to other users or the third parties without approval of Nextrad or the individual in advance
Conduct which sends, discloses, copies, or writes in content of other users’ or the third parties to other users or the third parties without approval of Nextrad in advance
Conduct which disturbs or destroys operations of Nextrad by computer viruses, hacking, or unauthorized accesses
Conducts which are menaces, obscene acts, defamations, discriminations, political activities, religious activities, and actions that lead to these conducts
Conduct which invades computers by borrowing other’s names and addresses.
Conduct which is pursued for the purpose of sales activities, recruiting activities, or profit-making without approval from Nextrad
Conduct which uses the name of Nextrad without consent of Nextrad
Conduct which disturbs services or operations of Nextrad, damages Nextrad reliance, or apprehensions for these actions
Conduct which opposes public order and good moral, criminal actions, and other closely related actions
Conduct which violates laws and regulations, and other closely related actions
Conduct which opposes the purpose of our services
Conduct which provides obscene information such as images, audios, characters, or attempting these actions
Conduct which indicates advertising banners including all kinds of advertising banner exchanges and link exchanges
Conduct and representations which are concluded as inappropriate by Nextrad

Article 19 (Measures against Prohibited Conducts)
Nextrad can take a measure or multiple measures against users without a prior notice in the case that Nextrad concludes that the user conducted any of actions listed in Article 18, regardless of whether it was willful or by negligence.
Elimination of profile
Elimination of contents fulfilled prohibited conducts
Elimination of contents fulfilled prohibited conducts and related contents
Elimination of entire pages established on our services
Suspension of use on our services
Elimination of membership registration (Complete withdrawal)
Warning and advice on the mailing list or private email
Announcement of taking 1~7 measures on the mailing list or private email

Article 20 (Change of Services)
Nextrad will provide our services to users based on these terms of use and provisions indicated at all times.   Nextrad can modify, reform, or abolish contents of our services without users’ consent.  

Article 21 (Interruption, Suspension, Termination, Abolition, Transfer, Sale)
Nextrad can interrupt, suspend, terminate, abolish, transfer, or sell our services without advanced notice if conditions are fulfilled with one of the following.
In case of system maintenance or construction
In case of natural disaster, fire, war, riot, turmoil, labor consultation, and other applicable situations
In case of system troubles
In case of suspension of power supply which Nextrad or other related facilities utilize.  
In case of failures of internet circuit, such as routing troubles of upper network which our internet server connected to
In case of other applicable reasons follow the above operationally or technically
In case of business operational reasons by Nextrad
"
"Article 22 (Exemption Matters)
Users will use our services based on an acknowledgement of each section of the following exemption matters.  Therefore, by using our services, users have considered that they agree with these exemption matters.  
Nextrad will not legally warrant any accuracy, usefulness, up-to-dateness, or appropriateness regarding all information and contents which each user provides on our services against all users.
Nextrad will not be responsible for any damage caused by or related to the use of our services users receive.
Regarding all information and content which users provide by using our services, Nextrad could eliminate the information and content without disclosing reasons to the user if Nextrad concluded those would be inappropriate.  However, Nextrad will not warrant surveillance and inspection of information and content which users provide on our services by means of this article.  
Nextrad will not be responsible for any damage caused by or related to the use of our services if users did harm to other users or any third parties.  Nextrad will not be responsible for any damage caused by or related to the use of our services if the third parties did harm to users (including the case that users sustain damage by malicious action of the third party, such as collecting personal information in some way).
Nextrad will not warrant any quality or performance of our services to users.  Nextrad will not be responsible for our services’ interruption, suspension, or defect and any loss or damage which caused by or related to our services’ interruption, suspension, or defect against users (including the case that data on their blog pages or profiles are disappeared for some reason).
Nextrad will not be responsible for any damage caused by advertisements on our services (website etc.) and emails against users or the third parties.

Article 23 (Compensation for Damages)
Users will be responsible for compensation of damages if they cause any damage against Nextrad, our operational managers, providers of contents, or the third parties by violating these Terms of Use, provisions, or regulations.  In this case, Nextrad, our operational managers, providers of contents, or the third parties will be indemnified.
Article 24 (Governing Law and Competent Court)
These Terms of Use are based on Japanese law and interpreted in compliance with Japanese law.
In case of disputes between users and Nextrad, the parties will negotiate in faith.  If the negotiation will not be settled, Tokyo District Court shall be the exclusive primary jurisdiction.
In the case that users have any claims such as damage claims against Nextrad, the right of those claims will be expired unless they will be exercised within one year from the day which caused the claim.  

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