Terms of Use

  1. Article 1 Terms of Use,
    1. These VIDEO Clipper Terms of Use (these “Terms of Use”) shall be applied to the use of the application “VIDEO Clipper” (the “Application”) provided by Faith, Inc. (the “Company”) and the services provided by the Company through the Application (the “Services”) (these Terms of Use shall be applied automatically to any revised or updated versions of the Application that the Company releases, as well as to the Services that are changed or added in conjunction with the above).
    2. The users of the Application and the Services (the “User(s)”) shall be deemed as having consented to these Terms of Use by downloading the Application.
    3. The Company may post points to pay attention to regarding the Application as well as individual terms (collectively referred to as the “Individual Terms”) concerning these Terms of Use, in the descriptions of the Application on the App Store or the official website (the “Website”) of the Application which is accessible from the Application. The Individual Terms shall constitute part of these Terms of Use, and in the event of there being any inconsistency between the contents of these Terms of Use and the Individual Terms, the Individual Terms shall prevail.
    4. The Company may change these Terms of Use at anytime without giving prior notice to the Users or obtaining their approval. In such case, the revised Terms of Use shall be effective upon the uploading thereof onto the Website, and the conditions of use of the Application and the Services shall be as set forth in the revised Terms of Use.
  2. Article 2 Services
    1. The Services shall mean the services that will enable the Users to share live music events (each, an “Event”) in a multi-angle manner by way of the vide shot by multiple Users, thus enabling mutual communication among the Users, through the participation in, the video shooting of (such video shall be referred to as the “Contents”), and the streaming delivery (including the archiving of the Contents with a time limit of one (1) week) of the Event by the Users through the use of the Application.
    2. The Contents of the Services shall be, apart from those set forth in Article 1, within the scope tenderable by the Company at the time, and the Company may make changes or additions to all or part of the Services without notifying the Users in advance.
    3. The Company will not bear any responsibility regarding any damage incurred by the Users in connection with the changes, etc., of the Services mentioned in the previous paragraph.
  3. Article 3 Permission for Use of the Application
    1. The Company shall grant to the Users a non-exclusive and non-assignable right to use the Application, based on these Terms of Use, or, in the case of the Users downloading the Application from the App Store, the “ITUNES STORE, APP STORE and IBOOKSTORE Terms of Sale”.
    2. The Users shall not alter, adapt, reverse-engineer, decompile or reverse-assemble the Application.
    3. The Users shall not assign, lend or otherwise sublicense the rights granted to the Company by the provisions of this article.
  4. Article 4 ID, etc.
    1. The Users, in using the Application and the Services, shall each register a password or other information with the Application or the Website for the identification of such Users (the “ID, etc.”), and shall bear the responsibility for management regarding the handling of the ID, etc.
    2. The Users shall not assign, lend or disclose the ID, etc., to any third party.
    3. The Users, themselves, shall bear the responsibility regarding any damage arising due to the inadequate management, the negligent use, or the use by a third party of the ID, etc. Should the Company incur any damage due to the above reasons, the Users shall be responsible for the compensation for such damage.
    4. In the event of it being revealed that an ID, etc., is being unjustly used by a third party, the applicable User shall immediately notify the Company thereof, and shall comply with the Company’s instructions.
    5. In the event that the Users incur any detriments, such as being unable to use the Application/Services, due to the failure of any User to make the above notifications, the Company will not bear any responsibility therefor.
    6. In the event of a minor User registering the ID, etc., he/she shall obtain the prior consent of his/her statutory agent (a person with parental authority, etc., the same shall apply to the remainder of these Terms of Use) before such registration.
    7. The Company may reserve or refuse the registration of an ID, etc., by a minor without the consent of his/her statutory agent, and it may also take measures such as terminating the usage of the Services, pursuant to Article 11.2, in the event of the Company determining that the above applies, after the approval of such registration, and the User shall not make any objection regarding the Company’s decision. It should be noted that the Company shall not bear any responsibility toward the Users regarding the determination and measures set forth in this article.
  5. Article 5 ID Coordination
    1. If the User has a Facebook ID, registered with Facebook Inc., or a Twitter ID, registered with Twitter Inc., (collectively referred to as an “Outside ID”, and the Services involving outside IDs shall be referred to as the “Outside Service”), they may use the Application and the Services in the same manner as the Users logging in using the IDs, etc., mentioned in the previous article, by logging in to the Application or the Services using an Outside ID.
    2. The Users may use the authentication information and various data of the Outside Services in connection with the Application and the Services, by coordinating the Outside Services and the Services using an Outside ID (the “ID Coordination”).
    3. The Users hereby consent in advance that there is a possibility that a failure may occur in the log-in and usage of the Application and the Services, due to a malfunction of the Outside Services, since the interface of the Outside Services is used in the ID Coordination.
    4. The Users hereby consent that, regarding the Outside Services that are subject to ID Coordination by the Users, there is a possibility that data such as the Users’ usage history may be lost, when Users are unable to log into the Application and the Services due to the occurrence of matters such as the withdrawal of membership, the expiration/loss of the Outside ID, the cessation/discontinuation/termination or change in specification, etc., of the Outside Services.
    5. The Users shall be responsible for the use of the Outside Services under the ID Coordination, and the Company shall not bear any responsibility regarding any damage incurred by the Users arising from the use of the Outside Services under the ID Coordination.
    6. The Users themselves shall bear the responsibility regarding any damage due to the inadequate management, negligent use or use by a third party of the Outside ID. In the event that the Company incurs any damage due to the above reasons, the Users shall be responsible for the compensation for such damage.
    7. The Users shall immediately notify the Company and comply with its instructions, in the event of it being revealed that their Outside ID is being unjustly used by a third party.
    8. In the event that the Users incur any detriments, such as being unable to use the Application and the Services, as a result of not making the notification as mentioned in the previous paragraph, the Company will not bear any responsibility therefor.
  6. Article 6 Contents
    1. The Contents shall be limited to those that are shot by the Users themselves, those that all copyrights (including the rights set forth in Article 27 and 28 of the Copyright Act) and other rights thereof required in connection with the use of the services are held by the Users themselves, and those that the musical works included therein are not managed by copyright management companies or music publishers (collectively referred to as the “Management Company”) of each applicable region. It should be noted that the Users shall process the rights of all parties involved regarding the Contents, including the portrait rights of the performer of the Event and the neighboring rights, and shall undergo any necessary procedures concerning the copyrights in the musical works included in the Contents
    2. In the event of the contents, being video records of the Event shot by a User, including any musical works managed by a copyright management company, the User must not use such contents as the Contents in the Services.
    3. The Users shall warrant to the Company that the Contents comply with the provisions in Article 6.1, and that they do not infringe upon any third party copyrights, author's moral rights, neighboring rights, performer's moral rights, trademarks, trade secrets and other intellectual property rights, as well as any reputation, social credibility, privacy rights, publicity rights, portrait rights and other rights.
    4. In the event of the Contents breaching these Terms of Use, or when the Company considers it inappropriate, the Company may delete the Contents, and the Company shall not bear any responsibility toward the Users regarding such measure.
    5. In the event of any dispute arising between the Company and any third party regarding the infringement of any right, in connection with the Contents, the Users shall resolve the dispute at their own responsibility and expense, and shall waive the Company of any responsibility therefor.
  7. Article 7 Posted Information
    1. With regard to all information that the Users post in the Application, the Services and the Website (including information posted in reviews and bulletin boards, hereinafter referred to as the “Posted Information”), the User who has posted the information shall bear all the responsibility therefor. In the event of any dispute arising with a third party in connection with the Posted Information, the applicable User shall resolve the dispute at his/her own responsibility and expense, and shall waive the Company of any responsibility therefor.
    2. The User warrants to the Company that the Posted Information does not infringe upon any third party copyrights, author's moral rights, neighboring rights, performer's moral rights, trademarks, trade secrets and other intellectual property rights, as well as any reputation, social credibility, privacy rights, publicity rights, portrait rights and other rights.
    3. In the event of the Posted Information breaching these Terms of Use, or when the Company considers it inappropriate, the Company may delete the Posted Information, and it shall not bear any responsibility against the Users regarding such measure.
    4. In the event of a dispute arising regarding an infringement of rights between the Company and any third party, in connection with the Posted Information, the Users shall resolve the same at their own responsibility and expense, and shall waive the Company of any responsibility therefor.
  8. Article 8 Permission of the Contents and the Posted Information
    1. The Users grant to the Company, following the provisions of these Terms of Use, a non-exclusive right (including the right to sublicense to a third party with whom the Company may separately execute an agreement) to use the Contents and the Posted Information (including copying, modifying, adapting, public transmission and making public transmission possible) inside and outside Japan free of charge, and the Users shall not exercise their author’s moral rights against the Company or any third party permitted by the Company, or shall not let any other rights holders exercise the same, in connection with such use.
    2. The Company may produce advertisements or other sales promotion products relating to the Application, the Website or the Services, by modifying or adapting the Contents and the Posted Information, for the purpose of advertising the Application, the Website and the Services.
    3. The Company may continue its use of the Content and the Posted Information under the above two paragraphs, free of charge, even after the use of the Application and the Services by the Users ends, and the Users hereby consent to the above in advance.
    4. The Users, in connection with the Contents and the Posted Information, shall not transfer, provide as collateral, or permit the exclusive use of, any copyrights or other rights to a third party, or engage in any other act that will hinder the use by the Company under this article, without the prior approval of the Company. It should be noted that, in the event of any User planning to engage in the acts mentioned in this paragraph, he/she shall notify the Company in advance and follow the designated procedures, and the same shall apply after the termination of use of the Application and the Services by the User.
  9. Article 9 Usage Fee
    1. The downloading of the Application and the use of the Services are free of charge.
  10. Article 10 Rights, etc., in the Application
    1. The copyrights and other intellectual property concerning the information or other contents, etc., provided through the Application, the Website and the Services, shall belong to the Company or a third party with a legitimate right.
    2. The trademark, logo or service marks displayed on or in connection with the Application, the Website and the Services (the “Trademark”) belong to the Company or a third party. The Company does not transfer or permit the use of any Trademark by way of these Terms of Use, to any User or other third party, and the Users must not exercise the right to register trademarks with regard to any unregistered trademarks contained in the Application or the Website.
  11. Article 11 Prohibited Acts
    1. The Users must not engage in any of the acts mentioned in the items below:

      1) Acts that infringe upon, or may infringe upon, the rights of the Company or any third party;
      2) Acts of libel or acts that may tarnish the reputation or social trust of the Company or any third party;
      3) Acts of collecting any third party’s personal information or undisclosed information without the consent of such third party or by unjust means;
      4) Acts that may be regarded as jamming of communications, wiretapping or invasion of systems provided for the operation of the Services (the “System”);
      5) Acts of engaging in threatening speech, fraudulent speech, violent acts or making unjust requests beyond the opponent’s legal responsibilities;
      6) Acts that may have a bad influence on the character development of minors;
      7) Acts of using the Services for profit-making purposes, without the prior consent of the Company;
      8) Acts of obstructing the operation of the Services or acts that tarnish the social trust of the Company;
      9) Acts against the public order and morality, laws and regulations, treaties or related guidelines; or
      10) Acts equivalent to any of those mentioned in the above items, and other acts which the Company considers inappropriate.
    2. In the event of it being revealed that any User has violated the provisions of the previous paragraph, the Company may carry out measures such as rectifying such violation or terminating the use of the Services by such User, without notifying the User in advance, and the Company shall not bear any responsibility against such User in connection with such measures.
    3. In the event that the Company decides that any User may be engaging in any of the prohibited acts set forth in the above Article 11.1, the Company may carry out any inquiries regarding matters that are necessary to confirm the facts, as well as other necessary investigations with such User, and the User will bear a duty to cooperate. In the event of the User failing to provide any foundations or materials that are necessary for the investigation by the Company, the Company may take measures equivalent to those mentioned in the previous paragraph, and the Company shall not bear any responsibility against the User regarding such measures.
    4. In the event of any User breaching the above Article 11.1 or inflicting damage on the Company or any third party for reasons attributable to such User, such User shall compensate the Company or the third party for the damage so incurred; and if the Company is held to account for such damage by other Users or any third party, the User shall resolve the issue at such User’s own responsibility and expense, and shall waive the Company of any responsibility therefor.
    5. The Users may not use any information provided through the Application, the Services and the Website, outside the scope of the restrictive provisions of copyrights such as individuals’ private copying, etc., permitted under the Copyright Act, without obtaining the approval of the rights holder(s). In the event of a problem arising due to the breach of the provisions in this paragraph by a User, such User shall resolve the same at his/her own responsibility and expense, and he/she shall not inflict any damage on the Company.
  12. Article 12 Discontinuation/Termination of the Services or the Website
    1. In the event of any matter arising that falls under any of the following categories, the Company may temporarily discontinue the provision of the Services/the Website without prior notification to the Users:

      1) The operation of the Services or the provision of the Website becomes difficult due to force majeure, such as a natural disaster, etc.;
      2) Maintenance, inspection or various adjustments that are indispensable for maintaining the System is carried out;
      3) A sudden malfunction occurs within the System;
      4) Other than the above, the Company decides that discontinuation is necessary for the operation of the Services and the Website.
    2. Notwithstanding the provisions in the previous paragraph, the Company shall notify the Users in advance regarding the temporary discontinuation of the Services/the Website, to the extent possible.
    3. The Company may terminate the provision of the Services/the Website by notifying the Users in advance.
    4. The Company does not bear any responsibility for any damage incurred by the User arising due to any temporary discontinuation of the Services/the Website or the termination thereof, under this article.
  13. Article 13 Disclaimer/Damages
    1. The Company does not warrant the correctness, applicability or usability of the information provided through the Application, the Services and the Website, and it will not bear any responsibility regarding the same.
    2. The Company will not bear any responsibility regarding any damage incurred by any User arising due to the use of the Application, the Services and the Website by such User, or due to the User being unable to use the same; provided, however, that the above shall not apply to cases involving the wilful intention or gross negligence of the Company.
    3. The Company will not bear any responsibility in the case of Users incurring damage due to an accident occurring for reasons that are not attributable to the Company, such as a natural disaster, etc.
    4. The Company shall make its best efforts to save data such as the Users’ usage history, etc., to the extent possible, but the Users hereby consent in advance to the fact that such data may be lost due to System failures or malfunctions of telecommunication lines. The Company does not bear any responsibility regarding any damage incurred by the Users due to the above.
    5. The Company does not provide a full warranty with regard to the safety/secrecy of the information that the Users send or receive through the telecommunication lines in using the Application, the Services and the Website, even in cases where the information is encrypted.
    6. In the event that any User inflicts damage on the Company, due to reasons attributable to such User, in connection with the use of the Application, the Services or the Website, such User shall compensate the Company for the damage so incurred.
  14. Article 14 Advertising
    1. The Users hereby consent in advance to the fact that, in using the Application, the Services and the Website, the advertisements of the Company or the Company’s business partners will be displayed in the Application, the Website or other pages.
    2. The Company will not bear any responsibility regarding the advertisements displayed in the Application, the Services and the Website.
  15. Article 15 Governing Law/Agreed Jurisdiction
    1. The laws of Japan shall be applied with regard to the construction of these Terms of Use, and in the event of a lawsuit arising concerning these Terms of Use between any User and the Company, such lawsuit shall be resolved by the Tokyo District Court as the agreed exclusive jurisdiction for the first instance.

    (End)
    Established on: 11 01, 2015