TERMS OF USE | ARTIST DELI SHOPPING

Terms of Use: Terms and Conditions of Service

This document (“the Agreement”) is a legally binding agreement between the Japan Music Network Inc., a general incorporated association (“Japan Music Network”) and Member, as defined in Article 1.1, as a registered user of ARTIST DELI SHOPPING (“the Service”) operated by Japan Music Network as follows:

Article 1. Member

1. “Member” means an individual that accepts the terms and conditions of the Agreement and applies for the actual membership in accordance with the procedures separately determined by Japan Music Network.

2. “Member Information” means information which Member has disclosed to Japan Music Network concerning the attributes of Member and in relation to use of the Service, including, but not limited to, account history and transactions.

3. This Agreement is applicable to each Member and it must be understood and complied with by each Member on and after the registration of membership.

4. “Service” means “ARTIST DELI SHOPPING Service” at the below URL, operated by Japan Music Network.
http://en.deli-a.jp/
Selling, delivering, and providing support of products on this site are for those who reside overseas only.
(For shipping within Japan, please contact ARTIST DELI SHOPPING for JAPAN. http://shopping.deli-a.jp/)

Article 2. Registration(1)

1 Membership
(1) Member who applies for the actual membership holds membership qualification upon completing the necessary registration procedure after understanding the terms and conditions of the Agreement. An individual intending to be Member must execute the registration process; registration by proxy is strictly prohibited. Provided that, Japan Music Network shall have the right to refuse membership applications from individuals whose previous membership qualifications were cancelled and/or who did not qualify for any other reason.
(2) For individuals under 20, membership registration must be executed with the consent of a person in parental authority to the terms and conditions of the Agreement. Members who are under 20 warrant and guarantee to Japan Music Network that all transactions on Member accounts are conducted with the consent of a person in parental authority.

Article 2. Registration(2)

2.Member Information Entry
On executing the registration process, please read carefully and follow the instructions for data entry and input the necessary items accurately using the data entry form. Please note that special symbols, former Chinese characters (Kanji) and Roman numerals may not be entered. In case the previously stated are entered, they will be modified by Japan Music Network.

3. Management of ID and Password
(1) Member’s ID and password may only be used by Member himself/herself and cannot be transferred, made lendable, and/or available for granting a pledge, security or collateral to third parties.
(2) The ID and password must be securely and responsibly managed by Member. Changing password periodically is strongly advised.

Article 2. Registration(3)

(3) All transactions carried out using the password are deemed by Japan Music Network to be the conduct of Member, and all matters arising from the said transactions, including payment matters, shall be the sole responsibility of Member.
(4) Member must inform Japan Music Network immediately when his/her ID and password has been illegally obtained and used by third parties, and/or when there is a possibility that the ID and password may be illegally obtained and used by third parties. In such cases Member must follow the applicable procedures as requested by Japan Music Network.
(5) Member understands that Japan Music Network shall not be liable whatsoever for any damage and loss suffered by Member and/or third parties which results from Member’s breach of the Agreement.

Article 3. Changes

1. Member shall immediately report to Japan Music Network in the event there are any changes and/or modifications to the registered Member Information, which was previously submitted to Japan Music Network (including name(s), address(es), and other related private information).

2. Member understands that Japan Music Network is not liable whatsoever for any damages and losses arising from Member's delay and/or negligence in complying with the aforesaid changes and/or modifications to the registered Member Information . Please note that transactions processed prior to updating Member Information are to be processed in accordance with the previously registered Member Information.

Article 4. Withdrawal

1. Member shall follow the necessary procedure in the event Member wishes to withdraw from the Service. The withdrawal will not take effect until the necessary procedure has been fully taken and processed accordingly.

2. The following provisions shall survive any expiration or termination of this Agreement: Article 2.3, Article 5.2, Article 7, Article 8, Article 11 and Article 13.

Article 5. Forfeiture of Member qualification &Liability(1)

1. Japan Music Network has the right to terminate Member’s account without prior notice and with immediate effect in any of the cases stipulated below, when:
(1) Member makes a fraudulent application at the Member registration stage.
(2) Member fails to pay for transactions made through the Service.
(3) Member’s conduct violates of the provision of this Agreement (including Article 5.2).
(4) Member’s conduct violates (or is likely to violate) applicable laws, ordinances and public order and morals.
(5) Japan Music Network is unable to contact Member at his/her contact details which were submitted to Japan Music Network upon registration.
(6) Japan Music Network, for other reasons, deems Member is unsuitable to hold qualification as a Member.

2. Member shall be fully responsible and liable for all damages and losses which Japan Music Network suffers as a result of the following situations, when:

Article 5. Forfeiture of Member qualification &Liability(2)

(1) Improper use of Member’s account and/or password occurs (including when Member allows third parties to use his/her account and/or password illegally).
(2) Obstruction of Japan Music Network's business and operations occurs due to Japan Music Network’s homepage being: illegally accessed and the Service contents being altered, information being deconstructed and/or any interference with the Service by other means.
(3) Third party intellectual property rights (including, but not limited to, copyrights and trademarks) and all other rights (including, but not limited to, privacy and publicity rights) are infringed.
(4) Payment delays and/or defaults occur (including where settlements cannot be made as a result of Member’s negligence) in connection with using the Service.
(5) For any other reason, the terms and conditions of this Agreement are violated due to the conduct of Member.

Article 6. Member Information Policy(1)

1. Japan Music Network shall use Member’s information for the following reasons:
(1) In order to provide the Service (i.e. ID verification upon logging in and out, displaying account information related to Member transactions, inquiry and customer support and other operational use in providing use of the Service.)
(2) In order to process transactions through the Service (i.e. Service operations including but not limited to, purchasing and pre-ordering products and/or services, gift applications, shipping, providing services, payment clearance, customer service, and inquiry follow ups.)
(3) Providing Member exclusive information (i.e. mail magazines, articles, and other information services related to the Service and its artists and their contents.)
(4) For marketing analysis and service development without specifying individual information.
(5) For disclosing information on products and services within Member’s transaction history.

Article 6. Member Information Policy(2)

2. Member understands that Japan Music Network will not disclose Member Information to third parties without prior consent in principle. Provided that, Japan Music Network shall have the right to disclose Member Information without prior consent if any of the previously stated provisions or the following is applicable, and/or on other occasions when it is deemed appropriate in accordance with the Act concerning Protection of Personal Information (Law No.57,2003).
(1) By order of applicable law
(2) In the event Japan Music Network deems such disclosure as being necessary for protecting its rights and interests and also its image against public slander and defamation.

3. Member understands that Japan Music Network will handle Member Information in accordance with Japan Music Network's comprehensive policy for privacy information protection.

Article 7. Restrictions of Use(1)

The following conduct is prohibited for Member’s using Japan Music Network’s Service:

1. Engaging in acts that violate any of the following: laws and ordinances, the terms and conditions of this Agreement (including supplementary regulations to this Agreement such as warnings related to using the Services and shopping on the Service) and/or other Japan Music Network rules and regulations.

2. Engaging in acts that undermine the rights, interests and reputation of Japan Music Network and/or third parties

3. Engaging in acts that are potentially harmful, both mentally and physically, to juveniles, or other acts that offend public order and morals.

4. Engaging in acts of nuisance or disturbing the public peace.

5. Entering fraudulent information

Article 7. Restrictions of Use(2)

6. Writing and/or sending any harmful computer programs and/or e-mail messages.

7. Unlawfully accessing without authorization Japan Music Network’s server and/or all other computers and technical equipment/devices.

8. Sharing passwords with third parties, and/or lending or assigning passwords to third parties.

9. Engaging in other acts deemed to be inappropriate by Japan Music Network.

Article 8. Ownership of Rights

1. Member understands that Japan Music Network respects all intellectual property rights. All the rights in the contents that are provided through the Service, such as copyrights, trademarks and all other rights (including, but not limited to, image rights and publicity rights) belong to Japan Music Network or the relevant third party rights holders. All rights (including copyrights) in the compilation (meaning the collection, arrangement and administration) of all contents in the Service shall belong to Japan Music Network and are protected by Japanese and foreign relevant laws.

2. In relation to usage other than that stipulated in the scope of the Service, Member will not without Japan Music Network’s prior approval in writing: copy, modify, publicly transmit or assign any information or contents obtained from the Service to third parties.

Article 9. Suspension of the Service

1. Japan Music Network may suspend part or all of the Service without prior notice for the purpose of maintaining the Service operation, in any of the following cases:
(1) For routine and/or urgent system maintenance.
(2) When the system has become overloaded with excess traffic.
(3) When the system operation has become difficult due to fire, power outages, obstruction by third parties and/or for any other reason.
(4) For any other reason which Japan Music Network deems it necessary to suspend the Service.

2. Japan Music Network shall have the right to suspend or abolish part or all of the Service upon notifying Member in advance when Japan Music Network deems that: (a) there is no improvement to the previously stated conditions during the long term; (b) suspension or abolishment of the Service is necessary due to operational and/or technical difficulties; and (c) providing the Service is difficult due to unforeseen circumstances.

Article 10. Changes to the Service, Discontinuation

Japan Music Network has the right to appropriately change or terminate all or part of the Service at its own discretion without prior notice.

Article 11. Indemnity(1)

1. Japan Music Network does not warrant or guarantee the completeness, accuracy, availability or usability for specific purposes of any of the contents and products that are provided to Member through the Service.

2. Japan Music Network shall bear no liability whatsoever for damages and losses attributed by system suspension, delay or loss of data in conjunction with faults in the communication lines or computers, damages and losses attributed by the causes set forth in Article 9.1, and any other damages and losses Member suffers in relation to the Service unless agreed upon separately between Member and Japan Music Network.

3. Japan Music Network does not warrant or guarantee that the email contents and messages sent to Member through and by the Service website, server or domain do not contain any computer viruses or other harmful elements.

Article 11. Indemnity(2)

4. Japan Music Network shall bear no liability whatsoever for damages and losses which are directly attributable to Member’s violation of this Agreement.

5. Even in the event that Japan Music Network should bear liability for any damages and losses suffered by Member, Japan Music Network’s liability shall be limited to direct and customary losses. The total amount of the said damages and losses shall not exceed the gross amount Member has paid to Japan Music Network in the 3 months prior to when the actual damages and losses were caused.

6. This indemnity article excludes the case when such damages and losses arise due to Japan Music Network's intent or gross negligence.

Article 12. Revision to this Agreement(1)

1. Japan Music Network can provide notices to Member to the e-mail address registered by Member upon registration. Unless otherwise agreed, notices sent by Japan Music Network to Member to the said e-mail address, shall be deemed to have been given at the time of sending.

Article 12. Revision to this Agreement(2)

2. Japan Music Network shall have the right, at its own discretion, to revise this Agreement, and set forth supplementary regulations in support of this Agreement ("Supplementary Regulations"). Such revisions and regulations shall be effective from when they are displayed on Japan Music Network's designated website, from which time Member must adhere by the revised Agreement and Supplementary Regulations. In the event Member refuses to comply with the said revisions and regulations, he/she must take the necessary procedures to withdraw from the Service. Should Member continue to use the Service (including accessing sites apart from where the said revisions and regulations are displayed), it shall be deemed that Member has accepted all the terms and conditions of the revised Agreement retroactively.

Article 13. Applicable Law, Jurisdiction

1. Any matters arising in relation to the Service shall be resolved amicably and in good faith by mutual consultation between Member and Japan Music Network.

2. In the event any provisions in this Agreement are deemed to be unenforceable, invalid or illegal by the applicable rule of law, all other provisions of this Agreement shall nevertheless remain in full force and effect.

3. This Agreement shall be governed by and construed in accordance with the laws of Japan. In the event of legal proceedings being brought under this Agreement, each party consents to the exclusive jurisdiction of the Tokyo District Court or Tokyo Summary Court for the adjudication of a trial at first instance.