Sony Music Entertainment (Japan) Inc. may receive the IP-address or metadata regarding the contents to be downloaded, when this "David Bowie is" application is connected to the internet and you access the contents download server located in Japan. Those information will be used only for the purpose of providing you with contents downloads and not stored in the server. Otherwise, "David Bowie is" application does not collect or share any information about you.
These Terms and Conditions of Use (hereinafter referred to as "Terms") govern this application and all services rendered within the application (referred to as the "Application") provided by Sony Music Entertainment (Japan) Inc. (referred to as "Company") representing a basic agreement between the Company and users (referred to as "Users", "User", or you) in countries and regions as designated separately by the Company. If you do not agree with all these Terms and Conditions of Use, you are expressly prohibited from using this Application.
1. Users may use the Application upon agreement with these Terms and within the scope defined by these Terms.
2. If you are a minor, you may only use this Application with the consent of a parent or legal guardian subject to these Terms.
Article 2 (User Device)
In using this Application, the User will take responsibility to secure any devices (referred to as "Device" or "Devices") the User installs this Application on and the Company will not take any responsibility for any actions taken using the Device.
Article 3 (Attribution of Rights)
1. All copyrights, neighboring rights and all other rights relating to this Application and all content provided by the Company within this Application belong to the Company or rights holders bearing a contractual relationship with the Company.
2. Users shall not copy, publicly transmit, transfer, lend, adapt or otherwise utilize this Application and the contents of this Application in any way.
3. Users are granted non-exclusive permission to use the Application and content within the Application by the Company.
4. Users are expressly prohibited from granting permission to reuse the Application and content within the Application.
Article 4 (Burden of Expenses)
The User will be responsible for any expenses related to the usage of the Application including but not limited to the purchase of the Device, costs related to installation and maintenance, communication and transmission expenses, and/or data usage expenses.
Article 5 (Disclaimer)
1. The Company provides the Application as is. The Company does not guarantee that the Application is free from defects such as bugs or security flaws or that usage of the Application will not cause issues with the User's Device. The Company also does not guarantee the accuracy, completeness, suitability, reliability, usefulness, relevance, operational stability, or compatibility with the User's environment for the usage of this Application. The User will use this Application according to their own responsibility and judgement.
2. The Company will not be held responsible for any damages caused by unauthorized access to this Application, third party actions such as computer virus infections, or any damages incurred by the User related to telecommunications carriers, electric utilities, or other businesses.
3. The Company will not be held responsible for any dispute between the User and third parties (including other Users) caused by the use of this Application.
Article 6 (Changes, Cancellation and Termination of this Application)
1. The Company may change the content of this Application in whole or in part without notifying the user in advance or cancel or terminate the provision of this Application.
2. The Company may suspend or terminate the provision of this Application temporarily or indefinitely without notifying the User in advance if any of the following events occur:
(1) When the Application cannot be provided due to instances including but not limited to: natural disasters such as earthquakes, tsunamis, floods; fire, power outages or other unexpected accidents; war, riots, disturbances, labor disputes, etc.
(2) When the Application cannot be provided due to periodic or emergency maintenance of systems necessary for the provision of this Application, network congestion or provider system failures.
(3) In addition to the previous two clauses, the Company may suspend or terminate the provision of this Application at its sole discretion when deemed necessary.
3. The Company will not bear any liability whatsoever to the full extent permitted by applicable law for any losses incurred by the User due to the suspension or termination of this Application.
Article 7 (Prohibited Matters)
1. Users of this Application are prohibited from performing the following acts:
(1) Acts that violate laws and regulations as well as these Terms.
(2) Acts subversive to public order and morals.
(3) Acts infringing on intellectual property rights, moral rights and other rights of the Company and third parties.
(4) Acts of copying, public transmission, transfer, lending, or adaptation of this Application and/or the content contained in this Application.
(5) Acts using this Application or information obtained from this Application for commercial purposes.
(6) Acts improperly manipulating the results obtained through the use of this Application by individual Users or through collusion with other Users as well as taking advantage of the actions of other Users.
(7) Acts that put a significant burden on the server or network for the provision this Application.
(8) Acts of unauthorized access, falsely claiming to represent the Company or third parties, etc.
(9) Acts of deliberately offering or disclosing information regarding defects or vulnerabilities contained in the Application to third parties other than the Company.
(10) Acts of altering, corrupting, disassembling, decompiling, or reverse engineering the Application code.
(11) Acts that damage or inflict losses to the Company or third parties or cause other inconveniences.
(12) Acts that hinder the normal provision of this Application.
(13) Acts that impair the credibility of the Company, third parties or this Application.
(14) Other acts deemed inappropriate by the Company.
2. If the Company determines that the User performed any acts included in the previous provisions, the Company reserves the right to take any of the following measures and the Company will not take any responsibility or incur any liability even if such measures cause losses to the User:
(1) Issue warnings and demands for remedial action.
(2) Suspend or place limitations on the use of this Application or other measures deemed appropriate by the Company.
(3) Seek compensation for damages under Article 8.
Article 8 (Compensation for Damages)
1. Users are held liable for any damages caused to the Company by violating the provisions stipulated in these Terms and will indemnify the Company for all losses and damages caused without limiting the Disclaimer of Warranties and Limitation of Liability terms.
2. The Company will not be held liable for any damages or losses incurred by the User whether tangible or intangible in relation to this Application or content contained herein to the maximum extent permitted by law.
3. The Company's aggregate liability to the User for any valid claims of compensation will not exceed the total fees collected from the User and will be limited to direct and tangible damages.
Article 9 (Prohibition of the Transfer of Rights and Obligations)
The User is prohibited from transferring the User's status or rights and obligations established between the Company and User based on these Terms in part or in whole to third parties including but not limited to the change of titles or offer as collateral. Any agreements or promises made by the User in violation of these Terms hereof shall be null and void.
Article 10 (Revision of Terms)
1. The Company may revise these Terms at any time with a period of notification that the Company deems reasonable.
2. Unless otherwise determined by the Company, the User's continued use of this Application following any revisions of these Terms under the preceding paragraph represents the User's agreement to be bound by the revised Terms.
Article 11 (Governing Law and Jurisdiction)
1. The applicable governing law concerning these Terms are Japanese laws.
2. For legal disputes between the User and the Company concerning the usage of this Application, the User agrees to the exclusive jurisdiction of the Tokyo District Court as the jurisdiction of first instance.
Effective: MM DD 201X
© Sony Music Entertainment (Japan) Inc.