Terms & Conditions
This is a legal agreement between you and Cool Japan Music Inc (Company) stating the complete terms that govern your use of the Anime Karaoke Ma’star iPhone/iPad App service. If you do not agree to abide by these terms, any future terms, do not use the service. By accessing of using the service, you signify that you have read, understood and agreed to be bound by each and every term of this agreement (Agreement). Company may refuse access to the Anime Karaoke Ma’star for noncompliance with any part of this agreement. Please read these terms and conditions very carefully.
- The Service
Company is the owner and provider of Anime Karaoke Ma’star offered on the iPhone/iPad (The service). The Service allows you to stream midi data, play back music, listen to, and sing-along with, under the terms and conditions set forth herein.
The Service is only available for individuals aged 13 years or older. If you are 13 years or older by under the age of 18, please review these terms and conditions with your parent or guardian. By signing up for the Service you represent and warrant that you are aged 14 yesrs or older, and that you agree to be bound by the terms and conditions of this Agreement. Any use of the Service by an individual under 13 years old is unauthorized and unlicensed.
- Objectionable Material
You understand that by using the Service, you may come across content that may be considered offensive, vulgar, indecent, or otherwise objectionable, which content may or may not be identified as having explicit language. Your use of the Service is at your sole risk and Company shall not be liable to you for content that may be found to be offensive, vulgar, indecent, or otherwise objectionable.
- Content Types
The descriptions and information, such as genres, sub-genres, categories, and the like, are provided for convenience only, and you acknowledge and agree that Company does not guarantee their accuracy.
- Account Data
You agree to provide complete and accurate information about you as may be required to sign up for the Service and at other points as may be requited in the course of using the Service (“Account Data”). You further agree to maintain and update your Account Data to keep it accurate, current and complete at any time by accessing My Account Section on The Anime Karaoke Ma’star App. Company has the right to confirm or otherwise verify, in it’s sole discretion, but without any obligation to do so, the truth and accuracy of the Account Data at any time. Company may suspend or terminate your rights to the Company or any part or feature thereof, at any time, if any information your provide is false inaccurate or incomplete. You agree that Company may store and use the Account Data you provide.
7. Your Account
You agree to maintain the confidentiality and security of your password and identification. You are solely responsible for restricting access to your account. You are entirely responsible for all activities that take place using your account, and you agree to immediately notify Company of any unauthorized use of your account or any other breach of security. Company shall not be liable to you for any unauthorized use of your account.
You understand that the Service and the content available through the Service, including but not limited to, midi programming and artwork, include a security framework using technology that protects digital information and limits your usage of the Service to certain rules of conduct established by Company and its licensors (“Rules of Conduct”). You agree to comply with such Rules of Conduct, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components for any reason whatsoever. Rules of Conduct may be controlled and monitored by Company for compliance purposes, and Company reserves the right to enforce the Rules of Conduct with or without notice to you. Please review carefully the Rules of Conduct provided in Section 14 of this Agreement.
You acknowledge that use of the Service or of some of the Service’s features may require the use of other hardware and software products and that such hardware and software is your responsibility. It is also your responsibility to pay any bandwidth fees necessary to use the Service.
10. Available Memberships
The Service is available through the following membership:
(a) Membership: You may access and use the Service for a 30 consecutive day period in consideration for the payment of $2.99 as the monthly subscription fee. Such membership will allow you to stream, listen to and sing-along with the catalog of sound recordings available on Anime Karaoke Ma’star iPhone/iPad App. The Membership will automatically be renewed and you will be charged for the monthly subscription fee unless you cancel the Membership at least 24 hours prior to the expiration of a 30 consecutive day period. After your membership is canceled, you will not able to playback the songs after the paid 30 day membership period and your account will not be accessed accordingly.
Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase. In order to turn off the auto-renewal, you go [settings] → [store] → [automatic download → OFF].
11. Physical Goods
12. Content Availability and Prices
Subject also to the type of membership that you sign up for, you acknowledge and agree that the content that is available to you is the content available in the country in which your Apple iTunes Store designates during the purchase process was issued.
Company reserves the right to change any and all content available in the Service and the pricing of such content and/or Service, including the membership fees charged for access to the Service and the prices of the physical goods, at any time without notice.
13. Limited License
Provided that you are eligible for use of the Service and that you have validly signed up to use the Service, Company grants you a limited, non exclusive, license to access and make personal use of the Service and of the content available through the Service in accordance with the terms and conditions of this Agreement, including the Rules of Conduct. You acknowledge and agree that the content available through the Service is licensed, not sold, to you, and you acknowledge that the streaming of sound programs shall not constitute a grant or waiver of any rights of the copyright owners in such sound programs and the underlying musical compositions embodied therein. Any use of the Service or of the content available through the Service other than as specifically authorized herein is strictly prohibited and shall terminate automatically the license granted herein.
14. Rules of Conduct
You acknowledge and agree to use the Service, including the content available through the Service, in compliance with the applicable Rules of Conduct:
(a) You agree to use the Service and the content available through the Service, for personal, non-commercial use only;
(b) You agree not to use the Service and the content available through the Service in any manner that could damage, disable, overburden or impair the Service or the content available through the Service;
(c) You agree not to use any data mining, robots, scraping or similar data gathering or extraction methods;
(d) You agree not to sign up for an account on behalf of someone else or of any group or entity;
(e) You agree not to use, sell, rent, transfer, license or otherwise provide anybody with the Service and/or the content available through the Service, except as provided herein;
(f) You agree not to interfere with the other members’ use and enjoyment of the Service;
(g) intentionally deleted;
(h) In the event that Company changes any part of the Service or discontinues the Service, which Company may do at its own discretion, you acknowledge that you may no longer be able to use the Service or to use it to the same extent as prior to such change or discontinuation, and that Company shall have no liability to you in such case;
(i) intentionally deleted
(j) intentionally deleted
(k) intentionally deleted
(l) intentionally deleted
(m) You agree to comply with all applicable federal, state and local laws, and regulations when using the Service and the content available through the Service.
Company reserves the right to modify the Rules of Conduct at any time without notice.
15. Payment for Membership Fees
You agree to pay for the membership fees, and that Company may charge your credit card for the membership fees through your Apple iTunes’ account. AS BETWEEN YOU AND COMPANY, YOU ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO Apple iTunes.
16. Unauthorized Charges
Unless you notify Company of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your credit card statement through your Apple iTunes account, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within sixty (60) days of its first appearance on an invoice or credit card statement.
17. No Refunds
All fees paid and charges made prior to termination as provided herein, including any advance charge or payment for the membership period during which you terminate your membership, are nonrefundable. Termination of your membership and closing of your account shall not relieve you of any obligations to pay accrued charges.
18. intentionally removed
19. Intellectual Property
You acknowledge that the Service, The Anime Karaoke Ma’star iPhone/iPad App, including, but not limited to, designs, text, graphics, logos, button icons, images, pictures, music, audio clips, videos, personalized audio and video renditions of sound recordings, information, editorial content, data compilations, files selection and arrangement, postings, links, and software, are the property of Company and/or its licensors, and are protected by applicable intellectual property and copyright laws. You agree not to use such proprietary information or materials in any way except for use of the Service in accordance with the terms of this Agreement. You agree not to modify, copy or reproduce any and all portions of the Service in any form or by any means, and not to modify, rent, lease, loan, sell, distribute, exploit, or create derivative works based on the Service, in any manner. You do not obtain any rights under this Agreement in any intellectual property.
20. Third Party Material and Websites
Company may provide links from The Anime Karaoke Ma’star to certain third party websites. You acknowledge and agree that Company is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Links to and material from any third party websites does not imply approval or endorsement thereof by Company. Company does not assume and will not have any liability or responsibility for any third-party material or websites, or for any other material, products, or services of third parties.
You also agree and acknowledge that you may be subject to other terms and conditions from third parties when you use such third parties’ material, products, services, software or websites and that the present terms and conditions may no longer apply.
21. Copyright Claims
Company obeys all relevant copyright laws, and will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
(1) A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
(2) A description of the copyrighted work claimed to have been infringed;
(3) A description of the infringing material and information reasonably sufficient to permit us to locate the material;
(4) Your contact information, including your address, telephone number, and email;
(5) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
Claims can be sent to firstname.lastname@example.org or Copyright Claims, c/o Cool Japan Music, Inc., 163 Amsterdam Ave #176 New York, NY 10023.
22. Termination of the Service
Company shall have the right to modify, suspend, or discontinue the Service (or any part, feature or content thereof) at any time and for whatever reason, with or without notice to you. Company shall not be liable to you or to any third party for exercising such rights.
The term of this Agreement shall begin when you validly sign up to the Service and shall end when terminated by you or Company in accordance with the provisions of this Agreement (“Term”).
24. Termination and Closing of your Account
You may, at your sole discretion and at any time, decide to terminate this Agreement and close your account by logging in to The Anime Karaoke Ma’star, by going to My Account Section and by clicking on Deactivate My Account. You agree that if you decide to close your account, your profile will not appear in any search results, however, Company shall have the right to continue sending you emails in other fields.
25. Termination by Company and Other Remedies
If you fail to comply with any of the provisions of this Agreement, including, but not limited to, failure to make payment of fees due, failure to provide Company with accurate and complete Account Data, violation of the Rules of Conduct, or infringement or other violation of third parties’ rights, Company, at its sole discretion, without prior notice to you, may (i) terminate this Agreement and/or deactivate your account, and you will remain liable for all amounts due up to the date of termination;; or (ii) preclude access to the Service (or any part or feature thereof).
26. Survival of Provisions
Provisions 16, 18, 19, 20, 26, 27, 29, 30, 31 and 32 of this Agreement shall survive the termination of this Agreement.
27. Use of Your Information
If your account is deactivated or this Agreement is terminated by Company, Company may retain some information provided by you to comply with the law and/or its contractual obligations with third parties, and/or to prevent subsequent signing up to the Service.
28. Representations and Warranties
You represent and warrant that (i) your Account Data is complete and accurate; (ii) you own or otherwise control all of the rights to information, materials and other content that you submit; and (iii) the use of the information, materials and other content that you submit to The Anime Karaoke Ma’star does not violate or infringe upon the rights of any third party and will not cause injury to any person or entity.
Company makes no guarantee, representation or warranty that its operation of The Anime Karaoke Ma’star or your use of the Service will be uninterrupted or error-free, and you agree that the Service may be temporarily unavailable from time to time for maintenance, technical problems or other reasons. Company may remove the Service for indefinite periods of time, or terminate the Service at any time, without notice to you and without liability.
The Service, and all information, content and materials made available to you through the Service, are provided by Company “as is” and “as available”. Company disclaims any and all warranties and representations with respect to the Service, and the information, content and materials available through the Service, including, but not limited to, the quality of the midi programming, and all expressed or implied warranties of merchantability, non-infringement and fitness for a particular purpose are hereby specifically disclaimed and excluded.
It is your sole responsibility to ensure that your system(s) and/or devices will function correctly with the Service’s application. Company makes no guarantee, representation or warranty that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Company disclaims any liability relating thereto. You are solely responsible for backing up your own system.
You agree to indemnify and hold Company, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, representatives, contractors, and licensors harmless from and against any claim, loss, liability, damages, costs and expenses arising out of or in connection with (a) your breach of this Agreement; (b) any violation by you of any law or rights of a third party; or (c) any action taken by Company as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred.
31. Limitation on Liability
COMPANY, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND LICENSORS, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, AND CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF USE OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS MADE AVAILABLE TO YOU THROUGH THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION. COMPANY’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICE.
32. Applicable Law
This Agreement shall be governed by the laws of the United States and the state of New York, without reference to rules governing choice of laws. Any actions or disputes relating to this Agreement and the Service shall be exclusively adjudicated in the state or federal courts in New York, NY, and you consent to such venue and jurisdiction.
33. Enforcement of These Terms
Company shall have the right to take all reasonable and appropriate steps to enforce and/or verify compliance with any part of this Agreement. You agree that Company has the right, without liability to you, to disclose any Account Data to law enforcement authorities, government officials, and/or a third party, as Company believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.
34. Entire Agreement
This Agreement constitutes the entire understanding between you and Company with respect to your use of the Service, supersedes any prior agreements between you and Company, and governs your use of the Service.
You may not assign this Agreement without Company’s prior written consent. Company may assign this Agreement at any time without prior notice to you.
If any provision of this Agreement is held by any court of competent jurisdiction to be illegal or unenforceable under applicable law, such provision shall be excluded from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
The failure by Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of its right to subsequently exercise or enforce such right or provision or any other provision of this Agreement.
38. Changes to this Agreement
Company may change, revise, update or otherwise modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion. You acknowledge and agree that Company may impose new or additional rules, policies, terms or conditions on your use of the Service at any time. You hereby agree that a change notice sent to you by email or the posting on The Anime Karaoke Ma’star of a change notice or of a modified agreement is considered sufficient notice. All such changes shall take effect immediately. Your continued use of the Service after such changes shall be deemed to constitute your acceptance of any and all such changes. If you do not agree to abide by these new terms, do not continue to use the Service and close your account. It is your responsibility to regularly check The Anime Karaoke Ma’star to determine if there have been changes to these terms and to review such changes.
Except as provided elsewhere herein, all notices relating to this Agreement may be send to you by email (effective upon actual receipt) or mail to the address that you provided to Company in the course of using the Service (effective five (5) days after mailing).
41. Submissions and Complaints
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, complaints or other information about the Service that you wish to provide to Company shall be made through the Contact Us Section of The Anime Karaoke Ma’star.
42. Electronic Communications
YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU CONSENT TO RECEIVE COMMUNICATIONS FROM COMPANY ELECTRONICALLY. AS A USER OF THE SERVICE, COMPANY MAY FROM TIME TO TIME SEND YOU EMAIL UPDATES ABOUT THE SERVICE OR THE CHANGES TO THIS AGREEMENT. YOU AGREE THAT ALL THESE EMAIL UPDATES AND OTHER COMMUNICATIONS THAT COMPANY PROVIDES TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.
Date of Last Revision: May 24, 2012