2.Upon commencing their use of the Website, the users of the Website and the Service (including the Members defined in Article 2; hereinafter referred to as the “User(s)”) shall be deemed to have agreed to these Master Terms.
3.Faith may, at any time, and without prior notice to or approval of the Users, amend these Master Terms. In such occasion, such amended terms shall become effective upon uploading the same to the Website or upon provision of the notice set forth in Article 4, and the usage conditions of the Website and the Service shall be subject to such amended terms.
Article 2.Membership Registration (*1) 1.The members (“Member(s)”) mean those persons who have given consent to these Master Terms and the “Handling of Personal Information,” separately stipulated by Faith, and who have applied for membership registration in accordance with the procedures prescribed by Faith. Any person who does not satisfy all of the conditions specified below may not become a Member: (1)He/she has not made any false declarations whatsoever concerning any of the matters stated at the time of application for registration; (2)He/she resides in Japan and has an address in a location where delivery by domestic mail is available; (3)He/she has never breached these Master Terms and has never had his/her membership revoked by Faith; and (4)He/she has never engaged in any transaction with an anti-social force or any act equivalent thereto and does not currently belong to any anti-social force.
2.Any person who wishes to make a membership registration shall apply via a membership registration form on the Website and register the information designated by Faith on the membership registration form.
3.Faith shall conduct a membership registration review based on the application content referred to in the preceding paragraph and approve the membership registration by way of providing a notice via e-mail or other appropriate method, as determined by Faith. Faith may make a determination based on Faith’s own criteria in the review process, and if an applicant for membership registration does not satisfy any Item of Article 2.1 or if Faith decides that such applicant is improper, Faith may choose not to approve the membership registration. Applicants shall not make any objection whatsoever against Faith’s decision.
4.Even after membership registration, if a Member does not satisfy any Item of Article 2.1 or if Faith decides that such membership is improper, Faith may revoke the membership of such Member. Faith may make such decision based on Faith’s own criteria and the Members shall not make any objection whatsoever against Faith’s decision.
5.In principle, membership registration shall only be available for those 13 years of age or older. Any person who is younger than 13 years of age shall only make a registration after obtaining the prior consent of a statutory agent (such as a person who has parental authority; hereinafter the same shall apply), and Faith may perform a separate written confirmation on a statutory agent’s consent with regard to any person who appears to be younger than 13 years of age; provided, however, that even if such written confirmation is made, use of part of the Service may still be restricted.
6.Faith may withhold or reject a membership registration by a person younger than 13 years of age in the absence of consent from a statutory agent. In addition, if Faith makes a similar decision after the approval of such registration, Faith may take measures such as suspension of use of the Service in accordance with Article 15.2, and the applicable applicant or Member shall not make any objection whatsoever against Faith’s decision.
Article 3.Change to Registered Content (*1) 1.In the event of the occurrence of any change to an e-mail address or any of the other matters notified to Faith, the applicable Member shall promptly notify Faith to that effect, in a method separately designated by Faith.
2.Faith assumes no liability whatsoever if a Member incurs any disadvantage, such as being unable to use the Service, due to his/her failure to provide the notification referred to in the preceding paragraph.
Article 4.Notice (*1) 1.Any notice from Faith to Members shall be made by way of posting on the Website, publication, e-mail and/or any other method determined by Faith to be appropriate.
2.Any e-mail from Faith shall be delivered to the e-mail addresses registered by the Members and Faith assumes no responsibility whatsoever for the non-arrival of e-mails due to non-registration or incorrect registration of e-mail addresses.
3.Any notice to the Members via e-mail shall be deemed to have been completed at the time when Faith transmits such e-mail to the e-mail addresses registered by the Members. Faith assumes no responsibility whatsoever for non-arrival of e-mail due to the Members’ failure to confirm e-mails or due to any problem in communication status.
Article 5.IDs, etc. (*1) 1.Members acknowledge that e-mail addresses, passwords and other information used to identify the Members who are registered on the Website (“IDs”) are important and shall assume responsibility for managing the handling thereof.
2.Members must not assign, lend or disclose their IDs to any third party.
3.Members shall assume responsibility for any damage arising from insufficient management, incorrect use and/or use by a third party of their IDs. If Faith incurs any damage due to the above causes, the applicable Member assumes responsibility to provide compensation for such damage.
4.If a Member discovers any unauthorized use of IDs by a third party, such Member shall immediately notify Faith to that effect and comply with Faith’s instructions.
5.Faith assumes no responsibility whatsoever if a Member incurs any disadvantage, such as being unable to use the Service due to not making notification referred to in the preceding paragraph.
Article 6.Usage Fees (*1) 1.Application for membership registration is free of charge.
2.If Members use any fee-based service separately set forth by Faith, outside of the Service, such Members shall pay the usage fees set forth by Faith (“Usage Fees”) by the prescribed method.
3.Faith will not refund any Usage Fees that have already been paid for any reason whatsoever.
4.If a Member fails to pay the Usage Fees by the due date for payment set forth by Faith, such Member shall pay Faith a late payment charge at a rate of 14.6% per annum.
Article 7.Withdrawal (*1) 1.Members who wish to withdraw shall take withdrawal procedures by the method separately set forth by Faith and shall be deemed to have withdrawn upon completion of such procedures.
2.Faith may invalidate IDs and cause a Member to withdraw, with no prior notice to such Member if: (1)Such Member breaches these Master Terms; (2)Such Member has not accessed the Website during a one (1) year period; or (3)Faith determines that it is inappropriate for such Member to be a Member.
3.Upon the withdrawal of a Member, Faith may delete the registration matters which were registered at the time of membership registration and the User-Written Information (as defined in Article 9) with no prior notice to such Member and assumes no obligation to store or keep the same after his/her withdrawal.
Article 8.Service 1.The Users shall use the Website and the Service in accordance with the content of these Master Terms.
2.If a User has a Twitter ID registered with Twitter Inc., a Facebook ID registered with Facebook Inc. or a Google ID registered with Google Inc. (collectively, “External ID(s)”), such User may use the service equivalent to that used by the Members by way of logging in to the Website, using an applicable External ID.
3.The content of the Service shall be to the extent then-possible to be provided by Faith and Faith may change or add to all or any part of the Service without prior notice to Users.
4.Faith assumes no responsibility whatsoever regarding any damage incurred by the Users due to any change, etc., to the Service set forth in the preceding paragraph.
5.If any dispute arises between a User and a third party in connection with the use of the Service, such User shall resolve the same at its responsibility and expense and shall not cause any damage to Faith as a result thereof.
Article 9.Handling of User-Written Information 1.With regard to all information written by a User on the Website and in the Service (including written information such as reviews, as well as postings on online forums; hereinafter, the “User-Written Information”), the User who writes the same shall assume all responsibility relating thereto. If, by any chance, any dispute arises between a User and a third party regarding the User-Written Information, such User shall resolve the same at its responsibility and expense and shall indemnify Faith therefrom.
2.If any User-Written Information is in breach of these Master Terms or Faith otherwise determines any User-Written Information to be inappropriate, Faith may delete such User-Written Information and assumes no responsibility whatsoever toward the Users for such measures.
3.Faith may, free of charge, duplicate and otherwise use, in any manner, any User-Written Information or cause a third party to use the same, and the Users hereby provide their prior consent thereto.
Article 10.Products of Artist Members (*2) (The provisions of Articles marked with a (*2) symbol shall apply to Users in the case where such Users purchase products such as CDs, DVDs and goods related thereto (“Products”) which are manufactured and sold by artist members using the Service (“Artist Members”) and which are entrusted by Artist Members to Faith to be sold.) 1.At the time when a User transmits an order placement via the purchase processing screen prescribed by Faith through the purchase screen of the Products and the “Order Completion” screen is displayed, a purchase agreement concerning such ordered Products (“Purchase Agreement”) shall be deemed to have been formed between such User and Faith.
2.After the formation of a Purchase Agreement, Faith cannot accept any change or cancellation of an order placed by a User.
3.Notwithstanding the provisions of the preceding two paragraphs, Faith may choose not to accept a User’s order placement or may cancel an order after the formation of a Purchase Agreement if a User’s order placement falls under either of the following: (1)The User designates the place of delivery at any place outside of Japan; or (2)The User places an order for Products with an undetermined delivery date or Products which are out of production.
4.After the formation of a Purchase Agreement, Faith will deliver the ordered Products to a User within five (5) business days; provided, however, that if it is unable to deliver the Products within the scheduled delivery time due to the release timing, inventory status, etc., of the Products, Faith will inform such User of the scheduled delivery time via e-mail, etc.
Article 11.Product Price (*2) 1.The payment methods for the Product price (including applicable consumption taxes) shall be cash on delivery payment, credit-card payment, convenience store payment and mobile phone provider (i.e., NTT DOCOMO, INC., SoftBank Mobile Corp., KDDI CORPORATION) payment.
2.In addition to the Product price, Users shall bear the shipping costs in association with shipping of the Products, as well as the fees separately stipulated by Faith in the case of choosing cash on delivery payment.
Article 12.Return/Exchange (*2) 1.After the formation of a Purchase Agreement, Faith cannot accept any return of the Products at all; provided, however, that only in the event of falling under either one of the cases specified in the Items below, Faith shall accept exchange of the Products. In this case, an applicable User shall make an offer for exchange, along with the reason therefor, to the contact information separately specified by Faith, within 7 days after arrival of the Products, and, Faith shall, at its expense, accept return of the Products that have not yet been exchanged (such Products should be sent to Faith cash on delivery), send replacements to such User or send additional Products in the case of any shortfall in quantity. If a User sends Products back to Faith with no proof of delivery, such User shall be liable for any accident such as loss and damage occurring due to the sending back of such Products. (1)If the Products are damaged, tainted or broken due to transportation: or (2)If a User has received Products that differ in type/quantity compared to what such User ordered.
2.Notwithstanding the provision of the preceding paragraph: (i) Products which are used by a User after they have been opened; (ii) Products which are damaged, tainted and/or broken due to any cause attributable to a User; (iii) Products regarding which Faith has informed Users in the purchase procedure to the effect that such Products cannot be returned/exchanged; and (iv) any bonus item that comes with Products (excluding in the case of defective products), shall be subject to exchange.
Article 14.Compensation for Damage Relating to Purchase Agreement (*2) Faith shall provide applicable Users with compensation for ordinary damage which arises in connection with the performance of a Purchase Agreement, up to the total amount of the Product price pertaining to such damage; provided, however, that if such damage occurs due to any willful misconduct or gross negligence on the part of Faith, such upper limit shall not apply.
Article 15.Prohibited Acts 1.Upon their use of the Website and the Service, Users must not engage in any of the following acts: (1) Any act that infringes or is likely to infringe upon Faith’s or any third party’s rights; (2) Any act that slanders, libels or damages the reputation or credit of any third party; (3) Any act of collecting a third party’s personal information or non-public information without obtaining the consent of the subject of such information or by way of wrongful means; (4) Any act that constitutes communications jamming, communications interception or intrusion into systems used for operation of the Service (“Systems”); (5) Any act of using threatening words, fraudulent words or violence that is engaged in by a User, or through causing a third party to engage in the same, or any act of making an unreasonable demand that goes beyond a legal responsibility; (6) Any act that may cause adverse influence on the sound development of children, etc.; (7) Any act of using the Service for profit, without the prior approval of Faith; (8) Any act of interfering with the operation of the Service or damaging the reputation of Faith; (9) Any act that is contrary to public policy, laws and regulations, treaties and/or related guidelines; or (10) Any act that is equivalent to any of the above, as well as any other act that is deemed inappropriate by Faith.
2.If any User’s breach of any of the above is discovered, Faith may, without giving prior notice to such User, take measures such as deletion of User-Written Information, correction of breaching acts and suspension of use of the Service, and assumes no responsibility whatsoever against such User.
3.If Faith determines that there is a possibility that a User is engaging in any of the prohibited acts referred to in Article 15.1, Faith may make an inquiry concerning the matters necessary for confirmation of the facts and conduct necessary investigations, and such User is obliged to cooperate with the foregoing. If such User fails to indicate the grounds, materials, etc., necessary for Faith’s investigations, Faith may take measures similar to those referred to in the preceding paragraph, and assumes no responsibility whatsoever to such User with regard to such measures.
4.If a User breaches Article 15.1 or a User causes any damage to Faith or a third party due to any cause attributable to such User, such User shall provide compensation for the damage incurred by Faith or such third party, and, if such User is subject to a claim brought by any other User and/or a third party, such User shall resolve the same at its responsibility and expense and shall indemnify Faith therefrom.
5.Users are not permitted to use any information provided through the Website or the Service outside of the scope of the provisions concerning restriction on copyright, such as an individual’s private reproductions permitted under the Copyright Act, without first obtaining the authorization of the rights-holder. If, by any chance, a User breaches the provision of this paragraph and any problem occurs as a result thereof, such User shall resolve the same at its responsibility and expense and shall not cause any damage whatsoever to Faith.
Article 16.Indemnification/Compensation for Damage 1.Faith does not warrant the accuracy, applicability and/or usability of any information provided through the Website and the Service and assumes no responsibility whatsoever.
2.Faith assumes no responsibility whatsoever for any damage incurred by a User which arises due to the use or unavailability for use of the Website and the Service; provided, however, that the foregoing shall not apply if such damage occurs due to any willful misconduct or gross negligence on the part of Faith.
3.Faith assumes no responsibility whatsoever for any damage incurred by Users due to any accident, such as a natural disaster, that is not attributable to Faith.
4.While Faith strives to store data, such as the Users’ registered matters and User-Written Information, to the extent possible, the Users acknowledge in advance that such data may be lost due to failure in the Systems or in communication lines. Faith assumes no responsibility whatsoever for any damage incurred by the Users due to the occurrence of such failure.
5.Faith shall not provide a full warranty on safety and confidentiality, even if encryption processing is performed for information transmitted/received through communication lines upon the use of the Website and the Service by the Users.
6.If a User causes any damage to Faith due to any cause attributable to such User in relation to his/her use of the Website or the Service, such User shall provide compensation for damage incurred by Faith.
Article 17.Suspension/Termination of Website/Service 1.Faith may suspend the provision of the Website and/or the Service without prior notice to Users if: (1)It becomes difficult to operate the Website or provide the Service due to a force majeure, such as a natural disaster; (2)Maintenance/inspection or various adjustments that is/are absolutely necessary for the maintenance of the Systems is/are conducted; (3)Unexpected failure, etc., occurs to the Systems; (4)In addition to the above, Faith determines that it is absolutely necessary for the operation of the Website and/or the Service. 2.Notwithstanding the provision of the preceding paragraph, Faith shall provide prior notice to Users for suspension of the Website and/or the Service to the extent possible.
3.Faith may terminate the provision of the Website and/or the Service by providing prior notice to Users.
4.Faith assumes no responsibility whatsoever for any damage incurred by the Users due to the suspension or termination of the Website and/or the Service in accordance with this Article.
Article 18.Advertisement 1.Upon their use of the Website and the Service, the Users acknowledge in advance that advertisements for Faith or partners associated with Faith will be posted on the page(s) posted on the User-Written Information or on other page(s).
2.Faith assumes no responsibility whatsoever for any advertisements posted on the Website and the Service.
Article 19.Governing Law/Agreed-upon Jurisdiction These Master Terms shall be interpreted in accordance with the Laws of Japan. Users and Faith agree that any legal action concerning these Master Terms between the Users and Faith shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.
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Established: April 1, 2014