BIG UP! Terms of Service
- Original Language:
Basically, the original (Japanese) takes legal precedence, and the translated version is treated as a reference translation.
- Importance of Original Documents:
The language of the original shall take legal precedence. Translated versions are for reference purposes only, and legal interpretation is subject to the terms and conditions of the original.
- Notification of Translated Version
:
These Terms and Conditions have been translated using machine translations and we take limited responsibility for the accuracy of the translation.
Article 1 (Terms and Conditions)
- The BIG UP! Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are for “BIG UP!” (hereinafter referred to as Service Service) provided by Avex Music Creative Inc. (hereinafter referred to as the “Company”). ), users of the Service (specified in Article 3, Item 1), members (specified in Article 3, Item 1), and Sign Up applicants (specified in Article 3, Item 6 ), which stipulates matters that apply to
- When the user uses this Service, it is considered that he / she has agreed to Terms and Conditions
- If the user is a minor, the consent of the parent or guardian must be obtained after confirming the contents Terms and Conditions the parent or guardian of the user in advance. In addition, if the user is a minor, it is assumed that the consent of the parent or guardian has been obtained at the time of using Service
- This Terms and Conditions is, unless specified otherwise, the Service of All and the Service related to the Service will be applied when using the.
- The Company is the Service and the Service associated with the Service separately defined with respect to Terms and Conditions (hereinafter referred to as "or guidelines, etc. Terms and Conditions is called, etc."), the present Terms and Conditions and constitute a part of. This Terms and Conditions of text and Terms and Conditions. If the description of the like are different, as long as there is no special set, Terms and Conditions, etc. will take precedence.
Article 2 (Change of Terms and Conditions
- We, the present Terms and Conditions and, if it conforms to the common interests of the user or the Terms and Conditions may be changed in the case that it does not interfere with the purpose of. In this case, the user will be subject to the Terms and Conditions Examples of changes are as follows, but are not limited to these.
- Addition of new features
- Specification changes
- Requests from distributors and other third parties related to Service
- When the Company makes a change in the preceding paragraph, the Company shall determine the effective time of the change, and inform the user that this Terms and Conditions will be changed Terms and Conditions of use, and the effective time thereof. We will inform you by displaying on our website or other methods specified by our company.
Article 3 (Definition of terms)
The definitions of terms used in Terms and Conditions
- "User" means a person Service, and includes members (defined in No. 2) and Sign Up (defined in No. 6).
- Service to the Company pursuant to the provisions of Article 5, and the Company has accepted the application.
- "Individual member" means a member who has Add as an individual.
- "Corporate member" means a member who has Add as a corporation.
- "Besides Japan is a member", personal Add or corporate Add of the members was, in the IP address other than Japan this makes a connection to the Internet Service says that of those using.
- "Sign Up the applicant", the Company, member of Add says that of those who have the application.
- "Artist Add member" means a member Add us as an artist (hereinafter referred to as "artist Add") when Service
- "Distributor" is an automatic public of the original master by concluding a CP contract (defined in No. 22) with our company (including our group companies (defined in No. 21)). The company that sends the information.
- "Add information" means the member information that the member Add with the Company in order to use Service
- "Personal information" is Add information or information of Service, and the name, date of birth, and other descriptions contained in this information. It means something that can identify a specific individual by (including information that can identify a specific individual by easily collating with other information).
- "ID, etc." means the ID and password owned by the member related to Service
- "Creative master" means a music master that the member has the legitimate right to create or license.
- "Title" refers to one distribution unit when concluding a CP contract with a distribution company, and refers to the one specified in items 14 and 15 of this section. In addition, it may differ from the rules regarding the distribution unit of the distribution company.
- "Single" is a title composed of one original master.
- An "Album" is a title consisting of two or more 22 songs.
- "Sales revenue" means the following.
- (A) 【In the delivery agency service (separately determined)】
This refers to the amount actually received by our company after deducting distribution fees from the amount paid by the distribution company to the company that outsources part of our business as consideration for the permission to distribute or consign the sales of original master recordings.
- (a) [Sales consignment Service (separately defined)]
This refers to the amount actually received by our company (including but not limited to the retail price) as consideration for our company selling or commissioning the sale of the Product (to be determined separately). * Besides Japan members cannot use the sales commission Service.
- (A) 【In the delivery agency service (separately determined)】
- "Sales" means the following.
- (A) [For individual members (Besides Japan members)]
- (a) When the Add account (defined in No. 18) is in the name of an individual
This is the amount obtained by deducting the commission and withholding tax amount paid to the Company by the member separately specified in these Terms and Conditions and Terms and Conditions Use from the sales revenue. However, in Service, it means the amount after deducting the price deemed to have been purchased by the Company from the member. - (b) When the Add account (defined in No. 18) is in the name of a corporation
This is the amount obtained by deducting the commission paid to the Company by the member separately specified in these Terms and Conditions and Conditions and the Terms and Conditions Use from the sales revenue. However, in Service, it means the amount after deducting the price deemed to have been purchased by the Company from the member.
- (a) When the Add account (defined in No. 18) is in the name of an individual
- (B) [For corporate members (Besides Japan members)]
- (a) When the Add account (defined in No. 18) is in the name of an individual
This is the amount obtained by deducting the commission and withholding tax paid by the member to the Company, which are separately specified in Terms and Conditions and the Terms and Conditions from the sales revenue. However, in Service, it means the amount after deducting the price deemed to have been purchased by the Company from the member. - (b) When the Add account (defined in No. 18) is in the name of a corporation
This is the amount obtained by deducting the commission paid to the Company by the member separately specified in these Terms and Conditions and Conditions and the Terms and Conditions Use from the sales revenue. However, in Service, it means the price that we consider to have been purchased from the member.
- (a) When the Add account (defined in No. 18) is in the name of an individual
- (C) [For Besides Japan members]
Add account (defined in No. 18) is in the name of an individual or a corporation, the amount obtained by deducting the commission and withholding tax paid to the Company by the member separately specified in these Terms and Conditions and Terms and Conditions Is called.
- (A) [For individual members (Besides Japan members)]
- "Add account" means a bank account that a member has Add to receive Sales from us. However, it shall be limited to the bank account of Japan Japan.
- "A la carte" is a form in which the distributor sells each title to the user.
- "Streaming" is a consideration for the distribution company to collect a membership fee (regardless of the length of the period such as monthly system) from the user, and the distribution company limits the music specified by the distribution company for a predetermined period. Service form that allows you to listen without listening.
- "Our group companies" means our company, our parent company, affiliated companies of our parent company, and subsidiaries of our parent company.
- "CP contract" is a general term for contracts such as license contracts or sales consignment contracts related to the distribution of creative masters.
Article 4 (Notification)
- We will send to users by e-mail Service (hereinafter referred to as "this website"), and Service (hereinafter referred to as "this application"). Notification you of necessary information by displaying on the top, push Notification by this application and other methods that we deem appropriate.
- For the preceding user Notification if is performed by e-mail, Company, user Add at the time of sending an email to the email address that is provided to us as the information, the user, the Notification to that received the I will consider it.
- The first of this section Notification if is performed by a display to this website or the application, the Notification at the time of me on the screen of the Web site or the application, the user the Notification deemed to have received the I will.
- For the user of paragraph 1 of this article Notification push Notification if done by our push Notification by Notification at the time of performing, the user, the Notification it is assumed that received.
Article 5 (Sign Up application)
Those who wish to become members (including users (Sign Up)) shall be able to apply for Sign Up by the method prescribed by the Company.
Article 6 (Rejection of Sign Up
- The Company shall not be able to approve the application of the Sign Up applicant if the Company determines that it falls under or may fall under any of the following items.
- Sign Up applicant does not actually exist
- Sign Up applicant has Sign Up in the past, or has been withdrawn from the membership in the past
- Sign Up applicant is a minor and does not have the consent of the legal representative
- If the application details are false, fraudulent, or incomplete
- If you cannot contact the Sign Up
- If you have done the prohibited matters stipulated Terms and Conditions in the past, or if you have violated Terms and Conditions
- Antisocial forces, etc. (meaning gangsters, gangsters, right-wing groups, antisocial forces, and other equivalents; the same shall apply hereinafter), or maintaining, operating, or operating antisocial forces, etc. through funding or other means. When the Company determines that it is engaged in some kind of interaction or involvement with antisocial forces, such as cooperating or being involved in management.
- In addition to the previous items, when the Company determines that it is inappropriate to accept the Sign Up
- Sign Up application, if it is found that the accepted member falls under any of the items in the preceding paragraph, the Company may withdraw the consent and restrict the use of Service I shall be able to do it.
Article 7 (Change of member registration information)
If there is a change in the registered information, the member must promptly notify the change according to the method prescribed by the Company.
Article 8 (membership fee etc.)
- The admission fee and annual membership fee (hereinafter referred to as "membership fee, etc.") for Service However, there may be a certain charge.
- A separate fee will be charged for products sold exclusively to members and paid Service
- The consideration for the products sold exclusively for members and the paid Service provided will not be refunded for any reason. However, this shall not apply if there is a reason attributable to our company. In addition, when we refund, the product shall be returned or the use of the Service
Article 9 (Use of artist page)
- Add artists may open and use the artist page (hereinafter referred to as the "artist page") for the purpose of introducing the original masters and activity information of the Add artists.
- Add artists can upload their own original masters (hereinafter referred to as "music Add") on Preview to them.
- Even if an artist Add Preview his or her own original master based on the preceding paragraph, he / she shall not be able to receive sales revenue related to the Preview
- In addition to the details specified in the previous three paragraphs, the details of the artist page shall be separately determined by the Company on this website or this application.
Article 10 (Add)
When a member Add a creative master, the information prescribed by the Company, such as the name of the copyright management company related to the music work used for each creative master, shall be Add by the method prescribed by the Company. In addition, Add by the member at the time Add the creative master and the member suffers damage due to it, we will not do anything unless there is a reason attributable to us. We are not responsible. In addition, if the Company is liable for the damages of the member specified in this Article, the Company will only compensate for the direct and actual damages suffered by the member, unless the Company has intentional or gross negligence.
Article 11 (Attribution of rights to the original master)
- The Company shall be able to use the creative master without paying the member to the extent necessary to achieve the purpose of use specified below.
The Company and its group companies purpose and this is the promotion of BIG UP! Of advertising and publicity and use Service of the Yen do in order to achieve the purpose to provide the smooth, Web sites, distribution over the Internet of the SNS, such as, broadcasting, All acts of use such as cable broadcasting and duplication - Members shall not exercise the moral rights of authors or performers against the Company and third parties designated by the Company (including, but not limited to, distributors).
Article 12 (Management of members' creative masters, etc.)
- If any of the following items apply, we will not allow the Add of music related to the original master without Notification the members, or if the Add It shall be possible to cancel the cancellation and other similar acts.
- When it is recognized that the copyright or other rights of the Company or a third party are clearly infringed, or the honor or credibility of the Company or a third party is damaged.
- When we receive a warning that we infringe the copyright or other rights of a third party, or damage the honor or credibility of a third party
- Outside a Japan or applicable Country if that is deemed to have violated the laws and regulations
- When receiving an order or guidance from a government agency or public institution to take measures such as deletion based on legal grounds
- Pre-election campaigns, election campaigns or similar cases, and cases where it is deemed to be in conflict with the Public Offices Election Act
- When the Company recognizes that it is a description of religious acts including religious promotion, establishment / activity of religious groups, joining religious groups, etc.
- In the case of ethnicity, race, gender, age, etc. that lead to discrimination
- When there is a risk of sexual, obscene, violent expression, or other excessive discomfort
- When the purpose is to hope or induce an encounter
- When describing expressions related to adult sites, dating sites, transmission of contents, etc. or links to these sites, etc.
- When it is against public order and morals
- When we judge that it violates the "Distribution Guidelines (Detailed Regulations)" separately set by us
- In addition to the previous items, when we judge that it is inappropriate for the operation of Service
- When posting impressions, opinions, and other information received from members on this website or this application, the Company may have any reason that falls under any of the items in the preceding paragraph even after posting the information. If we find it, we may, at our discretion, delete the information without Notification
Article 13 (Validity period of membership)
Membership, Sign Up date (Company Sign Up issued the effect from the date of approval of the application), this Terms and Conditions the case and the separately determined in Service unless the ends, and persistent.
Article 14 (withdrawal)
When a member wishes to withdraw from the member himself / herself, he / she shall notify the Company in accordance with the method specified by the Company, and the withdrawal will be completed after completion of processing by the Company. In addition, regarding membership fee etc of this service, regarding payment obligation at the time of withdrawal, we will not be obliged to pay the obligation even after the withdrawal.
Article 15 (Prohibited acts)
When using this service, the user shall not perform the acts of the following items.
- All data, information, sentences, sounds, videos, illustrations, applications, etc. provided through this Service (hereinafter collectively referred to as "data, etc.") exceed the scope of private use permitted by the Copyright Law. Copy, distribute, transfer, lend, publicly transmit, or reverse engineer.
- Infringing on the property of a third party (including intellectual property rights such as copyright, trademark right, design right, etc.), privacy or portrait right, or performing any act that may cause such infringement.
- To slander a third party, damage its honor or credibility, or cause a risk of it.
- To resell the rights you have based on your qualifications as a member to a third party through an internet auction, flea market app, etc., transfer them to a third party, or use them as pledges or other collateral.
- Unless otherwise permitted by this Terms and Conditions Service to carry out activities for the purpose of profit of yourself or a third party, and activities for the purpose of preparing for it.
- Use this Service to perform pre-election campaigns, election campaigns or similar acts, and acts that violate the Public Offices Election Act.
- Use this Service to engage in religious acts, including religious promotion, as well as acts related to religious associations such as the establishment and activities of religious groups and joining religious groups.
- To cancel or disable the functions that are installed as standard on mobile terminals to limit user privileges and the availability of specific applications.
- To become a member of Service by using Add information of others, and to impersonate when using Service
- Acts that violate laws and regulations, public order and morals, or interfere with the operation of Service
- Engaging in fraudulent or other illegal acts (including manipulating the number of playbacks).
- In addition to the above items, perform any act that the Company deems inappropriate for the operation of Service
Article 16 (suspension of use of Service
If the user falls under any of the following items, the Company shall be able to suspend the use Service
- When the prohibited acts stipulated in Article 15 are performed
- When we cannot contact the user due to other reasons such as the user did not notify the change of the contact information Add
- In addition, if you violate Terms and Conditions
- In addition to the above items, when we judge that it is appropriate to stop using Service
Article 17 (withdrawal from membership)
- In the event that a member falls under any of the following items, the Company shall be able to withdraw such member without notice in advance.
- When a member commits a prohibited act stipulated in Article 15
- Members Finally, the present Service this more than two years from the date of use of the Service if there is no use of
- When the Company cannot contact the member because the member did not notify the change of Add
- When it becomes clear that the member has a reason for disapproval of the Sign Up application stipulated in Article 6 after completing the Sign Up
- Infringement of the intellectual property rights, portrait rights, privacy rights, honors, other rights or interests of the Company, our group companies, other users or other third parties
- In addition, if you violate Terms and Conditions
- In addition to the previous items, when we judge that it is appropriate to withdraw the member
- If a member falls under any of the items in the preceding paragraph, the Company shall Sales to the Member even if the Company receives sales revenue, and the Member shall decide at the Company's discretion. I will not object to you.
Article 18 (Management of ID, etc.)
- Members shall manage and use IDs, etc. at their own risk.
- Service is used by the member's ID etc., it is considered that the member himself / herself Service
- The member shall be liable for damages and losses caused by insufficient management of IDs, mistakes in use, transfer of IDs, improper use, etc.
Article 19 (system outage)
In addition to system maintenance and inspections, natural disasters such as earthquakes, floods, and lightning strikes, if we deem it necessary for the operation of Service, we will change Service Notification, Suspension, and cancellation are possible.
Article 20 (Handling of personal information)
Regarding matters related to the handling of personal information of membership applicants or members provided to our company in connection with this Service, please refer to "Avex Group Personal Information Protection Policy”, the Company and its group companies shall jointly handle such information to the extent necessary to achieve the following purposes of use.
- To confirm the Sign Up
- To provide Service
- To understand the status of Sign Up and the usage status of Service
- Service help improve Service
- Service customize the service content to suit individual users
- For other uses related to the provision of Service
- In addition to the previous issues,Avex Group Personal Information Protection PolicyFor the purpose of use stated in
Article 21 (Attribution of content provided by the Company)
Any rights, including copyright, trademark and portrait rights, relating to all data, texts, music, sounds, images, pictures, illustrations, information, this application, etc provided through this service, It belongs to a third party having.
Article 22 (Disclaimer)
- In providing Service Service is complete, effective, reliable, accurate, has the quality expected by members, and is suitable for a specific purpose. We do not guarantee it.
- It is the user's responsibility to browse and use the site through Service In addition, the sites linked from the advertisements posted on this website are operated at the responsibility of the advertiser, and we are not illegal, the content is accurate, and it is unpleasant for these sites. We do not guarantee that the content is not included or that the information is not intended by the user.
- The Company, except in cases where there are our reasons attributable, user, Sign Up applicant or members this Service other this could not be possible or available using the Service to go in relation to the user We shall not be liable for any damages caused, whether direct or indirect.
Article 23 (Compensation for damages)
In the event that the user, membership application applicant, and member have damaged the company, our group company, affiliated parties, or other third party due to reasons attributable to himself in connection with the use of this service , We are responsible for compensating for this.
Article 24 (Severability)
Even Terms and Conditions or a part thereof is determined to be invalid or unenforceable by the Consumer Contract Law or other laws and Terms and Conditions, the remaining provisions and part of this agreement are invalid or unenforceable. The rest of the provisions determined to remain in force shall continue to be in full force.
Article 25 (Governing law / jurisdiction)
- The use of Service Terms and Conditions shall be governed by Japanese law.
- The user, Sign Up applicant, or member shall make the Tokyo District Court or the Tokyo Summary Court the exclusive agreement jurisdiction court of the first instance for any dispute that arises Service or this Terms and Conditions Shall agree to.
- The original Terms and Conditions shall be the Japanese version, and if there is a difference in interpretation between the Japanese version and the translated version, the Japanese version shall prevail.
Article 26 (Contact)
The Service and this Terms and Conditions is as follows.
Avex Music Creative Inc.
Email: support@big-up.style
Date of enactment: October 17, 2016
Revision date: January 16, 2017
Revision date: April 1, 2017
Revision date: June 1, 2017
Revision date: July 20, 2017
Revision date: October 5, 2017
Revision date: February 1, 2018
Revision date: April 1, 2019
Revision date: March 13, 2020
Date of revision: March 31, 2023
Date of revision: August 1, 2023
Revision date: March 25, 2024
Revision date: January 1, 2025