Chapter 1 - General Rules
Article 1 - Applicable Terms of Service
- The following Terms of Service (from hereon "this agreement") applies to all personal and corporate users (from hereon "users") using the online sound transmission service "Buttobi-Wave" (from hereon "this service") offered by SurgeSpace Corp. (from hereon "our company").
- In using this service, users have consented to the terms and conditions of this agreement. By using the service users have agreed to abide by this agreement.
- Our company offers this service to users on the condition that they abide by this agreement.
Article 2 - Scope and Modification of Terms
- This agreement also covers any individual / additional rules applied to separate servers and so forth provided by our company.
- Our company reserves the right to modify this agreement at any time without prior consent from users. In this case, usage of this service will be treated as under the modified agreement.
Article 3 - Notifications from Our Company
- Notifications from our company come into effect from the time they are displayed on the server, unless stated otherwise.
Chapter 2 - User Agreements
Article 1 - Users
- Persons wishing to use this service must agree to abide by this agreement before starting use.
- Those using the service for the purpose of listening will be referred to as "Listening Users", and those using it for the purpose of broadcasting will be referred to as "Broadcasting Users". When not specified, it will refer to both types of users.
- Broadcasting users using the broadcast service "Artist Program" are referred to within this service as "Participating Artists (or Creators)". Broadcasting users using the general broadcast service "Cherry Program" are referred to within this service as "General Broadcast Participants".
- Use by Participating Artists is approved after applications have been made through our company's special system, and the necessary checks and so forth have been made. As for General Broadcast Participants, after having agreed to abide by this agreement, can make broadcasts without checks being necessary.
- Those using this service for the purpose of listening, after having agreed to abide by this agreement, can also use the service without any checks and so forth being necessary.
Article 2 - Broadcasting Use of Broadcast Service "Artist Program"
- The participating Artists is approved after applications have been made through our company's special system, and the necessary checks and so forth have been made.
- Our company may, if any of the following are deemed apply to the results of the examination of the Participating Artist, not allow that person to participate.
- If the applicant does not actually exist.
- If the applicant has previously violated the Terms of Service.
- If there are false statements, errors, or emissions on the application form.
- The Participating Artist must agree to abide by any specified additions to this agreement.
- The Participating Artist takes full responsiblity for use of their own account ID and password, and as a condition of using this service, agrees not to transfer, loan or sell the account ID and password to a third party, except in cases specially decided by our company. They also agree, in the case that the account ID or password are leaked to or stolen by a third party, that they will immediately notify our company of this, and follow any instructions then issued by our company.
- Our Company is not liable for any personal loss or damage to the Participating Artist that may arise from the usage of the account ID or password by a third party, whether resulting from accidental or intentional action by the user. Furthermore, the loss of use of service resulting from the loss of the account ID and its corresponding password, and any consequences of this, are the sole responsibility of the relevant user.
Article 3 - Broadcasting Use of Broadcast Service "Cherry Program"
- Use by General Broadcast Participants is approved after applications have been made through our company's special system, and they have agreed to the Terms of Service, without any checks and so forth being necessary.
- The General Broadcast Participant takes full responsiblity for use of their own account ID and password, and as a condition of using this service, agrees not to transfer, loan or sell the account ID and password to a third party, except in cases specially decided by our company. They also agree, in the case that the account ID or password are leaked to or stolen by a third party, that they will immediately notify our company of this, and follow any instructions then issued by our company.
- Our Company is not liable for any personal loss or damage to the General Broadcast Participant that may arise from the usage of the account ID or password by a third party, whether resulting from accidental or intentional action by the user. Furthermore, the loss of use of service resulting from the loss of the account ID and its corresponding password, and any consequences of this, are the sole responsibility of the relevant user.
- Our company reserves the right to terminate accounts without prior consent, as a corrective measure to any violation of this agreement or behavior deemed to be unsuitable.
Article 4 - Intellectual Property Rights
- Users agree that information provided through this service (including video, sound, voice, document, image, photograph, and software) is protected by copyright, trademark right, patent right and any other applicable intellectual property rights.
- Information of the Broadcasting User are reserved by their respective right holder and the rights to program contents to be broadcast are reserved by our company.
- As a general rule the rights to any information broadcast by the user remain the property of their respective owners. However, for the purpose of the advertisment, publicity and promotion of use of our company's service, our company may publish any content published by users,
without prior notification to the relevant user, in both media controlled or operated by our company and media such as magazines so forth.
Chapter 3 - Use of Service
Article 1 - Equipment
- Users are responsible for and must provide all telephone, computer, software or equipment and services necessary to use this service.
- Connection with our services through a telecommunications carrier (Internet Service Provider etc) is necessary and is solely the responsibility of the user, including any costs involved.
- Our company takes no responsibility for connection problems, including those caused by incompatibilities between the user's equipment and our company's equipment.
Article 2 - Self-Accountability Principle
- The user is assumed to be using this service of their own accord and takes full responsibilty for their own actions and any consequences.
- By using this service, in the case of notification of any complaints or claims by a third party, the user takes full responsiblity for the resolution of this and any involved costs.
- The user is responsible for the compensation of any damage incurred by our company or a third party that results from intentional or unintentional misuse of the service or violations of this agreement.
Article 3 - Prohibited Conducts
- All sound data and so forth that is offered by users through this service, has had consent given by the relevant copyright holder, and our company or the Broadcasting User offers it to the Listening User on that basis. Accordingly, both users are, except when acknowledged in advance by our company, in using this service, or in relation to using this service, will not carry out the following acts personally or through a third party.
- Any violation of the properties, privacy, and rights of others
- Discrimination and defamation of others, as well as acts leading to damage to the reputation or credibility
- Fraud or any other criminal acts
- The establishment of, or soliciation for, pyramid schemes and similar
- Use of the service under a false identity
- Illegal or immoral acts, as well as any acts deemed possibly so by our company
- The distribution of harmful viruses, code, files, and programs, as well as suggestions as to where they are available
- The collection of personal information without the agreement of the person or through fraudulent methods
- Use on the service of any video, audio, text, voice (written or recorded), music, software, or any other goods and data (from hereon collectively "data") beyond the scope of private use allowed by copyright law. This includes duplication, publication, release, transfer, transmission, modification and use in other activities.
- Activity that violates any laws or regulations
- Acts that infringe on any copyright, trade-mark, patent or any other intellectual property right held by our company or a third party, as well as acts deemd by our company to be in danger of infringement.
- Modification or removal of any company or user information pertaining to this service
- As well as the above mentioned, acts that violate any laws, this agreement, or public order and morals (violence, brutality, etc), acts which hinder the operation of this service, acts which damage the reputation of our company, or acts which infringe on our company's property, as well as acts that may cause damage to our company or a third party
- In addition to the above, the linking to any sites in violation of each of the above (including those carried out by a third person)
- Any other acts deemed inappropriate by our company
Article 4 - Termination of Service use
- When a General Broadcast Participant wishes to terminate use of the service, they must follow the termination procedure outlined.
This service is part of Buttobi.net, and if any other Buttobi.net services are being used (webhosting, blog or guestbook) then this procedure is not necessary.
Chapter 4 - Management
Article 1 - Data Deletion
- When a violation of this agreement is deemed to have been made, our company may, at its sole discretion, at any time, delete the relevant Broadcasting User's data, or place it in a state that cannot be viewed by third parties.
- Our Company may delete data that users have uploaded due to server management and maintenance issues.
Article 2 - Interruption of this Service
- Our company may temporarily suspend this service without notifying the user beforehand for any of the following reasons.
- When the service's equipment maintenance is necessary, whether routine or emergency
- Disruption to the service due to fire disaster or power loss
- Disruption to the service due to natural disasters such as earthquake, volcanic eruption, flood, tsunami, inclement weather, etc.
- Disruption to the service due to an act of god, war, civil protest, riot, disturbance, strike, disease, criminal act, attack, invasion or incapacity
- In the case of any other practical or technical circumstances that are unavoidable
Article 3 - Termination of Service
- Our Company may, in its sole discretion, and at any time, discontinue providing the Service or any part thereof, with notification on our website.
- In regards to notice, the provisions of Chapter 1, Article 3 (Notifications from Our Company) shall apply.
- Under no circumstances, including negligence, shall our company, its offices, agents or any one else involved in creating, producing or distributing the service be liable for any direct, indirect, incidental, special or consequential loss or damages of any sort that result by the termination of our services when we terminate our services, based on the provisions of Chapter 1, Article 3, after notification to users.
Article 4 - Handling of Access Logs
- Our company may record "access logs" of users' IP addresses and times/dates of access to the service.
- This access log may be disclosed, along with a user's personal information, in the case of a crime or suspicion of a crime, or when requested by public organisations such as prosecutors, police, jurisdictional authorities or bar associations.
- Our company is not liable for compensation of expenses or any other reparations for any damage or loss caused by this disclosure of information.
Chapter 5 - Use of Other Internet Services
- When the user uses computers and networks provided by a third party other than our company (from hereon "other services"), any precaution provided by the relevant manager of this service should be abided by.
- Our company takes no responsibility for the use of any other services via the Service.
- he provisions of Chapter 3, Article 2 (Self-Responsibility Principle) also apply to the use of other services via the Service.
Chapter 6 - Personal Information and the Privacy of Communications
Article 1 - Private Information
- Our Company does not use the personal information of users (from hereon "personal information") for any purpose other than providing the service, and will not disclose or offer personal information to third parties in a form that is individually identifiable. However, this does not apply in the following cases.
- The disclosure is required by law
- When a request for consent from the user regarding the use of personal information has been sent via e-mail
- When permission has been obtained from the user
- Our company has no duty to honor the above statements when requested to disclose information in order to comply with Article 218 of the Criminal Procedure Code.
- When a user discloses their own personal information through this service, they are approving the application of Chapter 3, Article 2 (Self-Accountability Principle) and Chapter 7, Article 1 (Disclaimer).
Article 2 - Privacy of Communications
- Our company protects the privacy of communications for users based on Article 4 of the Telecommunications Business Law.
- Our company does not disclose or leak personal information of users to third parties, except in the following cases.
- When calculating and analyzing personal information for the purpose of service improvement
- When the above mentioned calculations and analysis are disclosed to a third party such as a business partner in a form that is not personally identifiable
- When sent via email by our company or an outsourced company, for the advertising, publicity or other purpose
- When consent of the user is obtained, information may be disclosed or used
- When it must be disclosed in order to comply with a summons issued by the court, or other courthouse demand, order or law
- When requested by a prosecutor, police or regulatory authorities
- When our company deems it necessary in order to protect its profits
Chapter 7 - Other
Article 1 - Disclaimer
- Our company is not responsible for any loss or damages suffered as a result of registering for or using this service.
- Our company does not assume any responsibility for loss or damages incurred through use of this service, as stated in Chapter 1, Article 2 (Scope and Modification of Terms), Chapter 4, Article 2 (Interruption of Service) and Chapter 4, Article 3 (Termination of the Service)
- Our Company does not assume responsiblity for any actions by a user that prove to be detrimental to another user or a third party.
- Our company does not guarantee the completeness, accuracy, usability, or reliability of any information obtained by the user as a result of the use of this service.
- Our company does not assume responsibility for damages caused by network or computer problems, such as system interruptions, delays, suspension, data loss, or damage to data due to unauthorized access, as well as any other loss to the user.
- Our company does not in any way warrant or guarantee the equipment or software being used by the user.
- Any costs incurred by other telephone companies or telecommunication companies in order to use this service are the sole responsibility of the user, and our company does not in any way warrant or guarantee them.
Article 2 - Compensation Claims
- When a user using this service in a way that is illegal or in violation of this agreement causes damage to our company, suitable claims for compensation (including legal fees) may be filed against the respective user.
Article 3 - Governing Law
- This agreement is governed by Japanese law.
Article 4 - Court of Jurisdiction
- In the case of any dispute over this agreement, the user and our company will be under the jurisdiction of either the Tokyo summary court or the Tokyo District Court.
Article 5 -
* This English version has been translated from the Japanese version
- This agreement will be enforced from 11 July 2005.
which takes precedence in the case of any issues or discrepancies.