SOUNDAY © 2015
Article 1 (General Provisions)
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)
Article 7 (Users’ Privacy)
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 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.
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.
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)
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)
Article 24 (Governing Law and Competent Court)
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.
Collection and Use of Personal Information
Nextrad Inc. will collect users’ personal information only after clarifying the purpose of use in advance, and will use them within the limits of the purpose.
Disclosure of Personal Information to the Third Party
Nextrad Inc. in principle will not disclose users’ personal information to any third parties without their consent. However, in case of fulfilling the following items, the personal information can be disclosed.
1) In case that laws and regulations require it.
2) In case that we conclude that it is indispensable to provide our services between cooperating companies with nondisclosure agreements, partners companies, or subcontracting companies.
3) In case that it is indispensable to protect a human’s life, body, or property, and is difficult to obtain the principal’s consent.
4) In case that personal information is provided along with business successions, such as a merger and transfer.
Use of Statistical Data
Our services can create and use statistical data in a format where an individual cannot be identified, based on provided personal information, for improvement of our services and as references.
Cookies and IP Addresses
Our services may obtain cookies and IP addresses depending on the functions users use. You are able to change your browser’s setup to avoid cookies; however, some functions will be restricted to use in that case.
Change of Contents
Nextrad Inc. may be able to change the contents of this document without notifying users in advance. The change of this document will be effective at the time it is displayed on the website, and it will be deeded that the users consent it.
For Inquiries regarding Personal Information
Please contact each department of Nextrad regarding your own personal information. Please be aware that we may have to confirm your identification beforehand to protect personal information. Thank you.