As of February 20th, 2017
Chapter 1. General rules
Article 1. Purposes
Article 2. Definition
We will define the words that the Terms will use as below.
- The terms "Our Company / We" means refers to TWIN MUSIC LLC.
- The term "TWIN MUSIC" refers to a generic name for crowdfunding website that Our Company manages.
- The term "Service" means any services that be provided through TWIN MUSIC.
- The term "Members" means the Users who apply for the membership registration in agreement with the appointed procedure of Our Company, moreover Our Company admits it.
- The term "the Projects" means any projects, that are advertised for a customer and are made public through the Service, in projects planned by the Members.
- The term "Offer" means the products or services that the Project Managers provide due to the completed Projects were carried out.
- The term "Project Managers" says the Members who advertise (or already advertised) for the Purchasers through the Service, conduct the Projects, or both.
- The term "Purchasers" says the Members who sympathize with the Projects and give consideration, however, expect to accept the Offer from the Project Managers (collectively, the"Offer purchase").
- The term “All-or-nothing method" says the Projects that are formed through applying to the preconditions (for establishing the Project) on the each Project's detail page.
- The term “All-in method" says the Projects that is formed through being run on TWIN MUSIC.
- The terms "Purchase Price/Purchase Amount" say the price that the Purchasers pay for the acceptance of the Offer.
- The term "Registration Information" says any data (including but not limited to name, date of birth, phone number, address, E-mail address, credit card information, account information, experience of the person in charge of the Project and the purchaser that the Members provide to us for the purpose of the Service.
- The term "Personally Identifiable Information" says any information that can be used on its own or with other information to identify such as name, date of birth, phone number, address, E-mail address, credit card information, account information, experience the histories of the person in charge of the Project and the Purchaser.
- The term "Authentication Information” says the information that will be required to authenticate the connection of the Members.(including but not limited to ID and password)
Article 3. About the Service and our role.
- Our Company conducts — recruitment for the Purchaser, the Service that we provide where the Offer purchases are, as well as, merchandise sales — from TWIN MUSIC to the Members through the crowdfunding website.
- Our Company deems that the matters (such as an establishment of a contract, a cancellation, and so on.) regarding the sales agreement related to the Offer Purchase's as Project Manager's self-responsibilities, moreover, we will not participate in any contracts (between the Purchase and the Project Managers) regarding its cancellation, its change, a refund, a guarantee, its fulfillment, and so on.
- Also when a trouble occurs between the Purchaser and the Project Manager, we will not participate in it such as to mediate or compensate to resolve them, except for in the cases we established. Please get a good understanding of it before handling a transaction.
- Regulations on merchandising are stipulated in Chapter 3.
Article 4. About the establishment of procedures.
The data regarding the concerned procedures that the Members did through the internet(such as registration, Recruitment of the Purchasers, determination of purchase price, withdrawal, fill in the evaluation, contact between among the Members, and other procedures) will be sent to our servers. The concerned procedures will be established successfully when involved procedures have reflected in our our system.
Article 5. About the Member registration.
- The applicant for the Service must apply for the admission according to the method defined by Our Company. Moreover, they will be able to become the Members only after obtaining consent of Our Company.
- We may not accept the application for registration under the preceding paragraph, in any case, the following applies.
- In case any punishments, such as membership cancellation, has become clear due to the applicant violating the Term Of of Use previously.
- In case a declaration contents include any falsehood.
- In case a mail or home delivery did not arrive at the address you registered with the application.
- In case the applicants have neglected their obligations to us.
- In case we conclude that an applicant obstructed our management, the Service, the other Members, and conducted an act that interferes with them. Or be in danger of it.
- In case an applicant is the member of antisocial forces or the concerned member of them.
- In case we consider the acceptation of the application as improper.
Chapter 2. Crowdfunding
Article 6. About the condition for the Project Managers.
The Project Managers shall publish and run the Project with the method prescribed by Our Company, and, execute them under as per the agreement with the prescribed procedures.
Article 7. Offer Purchase
- The Purchasers will perform purchase procedures prescribed by us. In case we consider that they have no intention of purchase, or the purpose of use is improper, then we will refuse to provide use the Service.
- If the data concerning the purchase application are sent to our server within the Project period specified by us and the contents of the procedure are not reflected in our system, then there is no application for purchase it will be.
- The Project Durations are established each the Projects, accordingly, please confirm it before performing purchase procedures.
Article 8. About the type of the Project.
The type of the Project under the service can be divided into (1). All-or-nothing System; and (2). All-in method. The two contents will be mentioned each other in the Term Of of Use.
Article 9. About establishment of the Project.
- The definition of the Project regarding All-or-nothing method is as below.
- Our Company stipulates that the Projects will be established in meeting the conditions for establishing the Project which prescribed by each Project. Please confirm the detail pages of each Project to understand about "the conditions for establishing the Project."
- On performing purchase procedures by the Purchaser, a sale contract has been established between the Purchaser and the Project Manager, furthermore, this validity of this contract will be available subject to establishment of its Project.
- We stipulates that the Project Manager cannot cancel any of the Projects after having established the Project.
- The Purchasers must pay for the Purchase Price, consumption tax, the and other costs with the method prescribed by us. The payment is executed by a separately defined method. Furthermore, if payment has not been made by on the due date concerned, the Project Manager can conduct a cancellation of a contract freely.
- The Purchasers can perform a cancellation of an application of Offer Purchase before establishing the Project, nevertheless, they cannot cancel a sale contract before established establishing the Project, except for only when we judge the situation as unavoidable.
- The definition of the Project regarding All-in method is as below.
- Any of the Projects is established through TWIN MUSIC, and the Project Manager must accomplish the Project as an obligation at the same time.
- When the Purchaser finished a purchase procedure, a sale contract will be established instantly between the Purchaser and the Project Manager, furthermore, the effect will occur.
- The Purchaser must pay for the purchase price, consumption tax, other costs with the method prescribed by us. The payment is carried out by a separately defined method. Furthermore, if payment has not been made on the due date concerned, the Project Manager can conduct a cancellation of a contract freely.
- We stipulate that The Purchaser cannot perform cancellation after having established a sale contract, except for the case the Project cannot be executed due to unavoidable situation.
- In case problems happened regarding the Project or the Offer between the Project Manager and the Purchaser, the person involved must resolve its problem, moreover, we are not responsible for it. Nevertheless, in case the problem appears to be related to fault on the system, furthermore, we judge the problem needs our management, it’s not limited to that.
Article 10. About payment of fee.
As a consideration for using this service, the Project Manager shall pay 15% of the purchase amount obtained from the Purchaser as a fee to us. The fee (including transfer fee) shall be paid by deducting from the Purchase Price we received from the Purchaser, however, if the Project is not established in the all-nothing system, no fee will be incurred. The payment due date of the purchase fee to the Project Manager from us shall be the 20th day of the following month when the Project is established.(If that day is Saturdays, Sundays, and holidays, it will be the next business day.)
Chapter 3. Selling goods.
Article 11. About the sale of merchandise.
- Our Company sells of merchandises that are shown on the website in TWIN MUSIC(They are limited to the merchandises that are shown when applying, and will be called collectively, “target merchandises” here).
- In case the Members applied for a purchase with the method prescribed by Our Company, a sale contract of the target merchandise has been established between us and the Members instantly, when the Members received the notification regarding an acceptation of the application concerned from us. We stipulate that the Members agree with transmitting the application approval notice in electronic data through the internet instead of in writing.
- We may not be able to accept an order when the delivery takes time due to stock-out of the target merchandise.
Article 12. About returning goods and exchanging items.
- No one can return or exchange merchandises except for Our Company regards such as following defects.
• Quality defect.
• Wrong merchandises.
Additionally, the cost of returning or exchanging will be paid borne by Our Company or its manufacturer, when Our Company judges it necessary for return or replacement.
- In case the Members request for returned target merchandises, the Member must notify Our Company of it and its reason within 8 days after the merchandises arrival. Please inform us by using “Contact Us” page（www.twinmusic.co.jp）on TWIN MUSIC, if necessary.
- In case the target merchandises returned from the Member without any notification of the preceding paragraph, and there is no contact for more than one month thereafter; Our Company is able to get rid of them, furthermore, Our Company is not be obligated to provide alternative products, compensation, damages.
Article 13. About payment of price.
- The Members must pay for the target goods(including consumption tax and local consumption tax) in agreement with the method prescribed by Our Company.
- In case the Member decides to pay by credit card, he/she must pay in agreement with the method prescribed by the credit card company. Also when a trouble regarding the liabilities has occurred between the Member and the credit card company concerned based on the cause other than the target goods, it must be settled between the Member and the credit card company, furthermore, Our Company is not responsible for it.
- Our Company may change the payment method that the Member can choose. Please confirm the payment method in purchasing.
- The Members must pay the shipping fee related to delivery of target goods, excluding part of the Services.
- In case the amount paid by the Member is insufficient for the price, the Member must pay the difference and its consideration immediately.
Chapter 4. Information provision.
Article 14. About change of personal information and management of authentication information.
- The Members must manage their authentication information with self-responsibility and cost allocation. Furthermore, they cannot do such as allowing the outsiders to use that authentication information, or lending, assignment, trading, qualification, disclosure, and so forth.
- The Members are responsible for the following items: Information leak due to lack of management on the authentication information; fault in use; the use by the outsiders; Damages due to unauthorized accesses. In addition, Our Company is not responsible for that. Just in case damage has occurred to Our Company due to a fault in use of authentication information, the Member must pay the damage concerned.
- The Members must notify instantly in agreement with the procedure prescribed by Our Company and the term of use in the following cases: (1) the registration information changes. (2) the authentication information is known to the outsiders. (3) suspecting that the authentication information is used by outsiders. Moreover, The Members must follow the instruction of Our Company.
- If the Member does not give the notification under the preceding paragraph and suffers disadvantage such as being unable to use the Service, then Our Company will not be responsible for it.
- Our Company deems that the Member has withdrawn, if the Member does not give the notification of 3. in this article.
- Our Company will be able to consider the Member concerned as those who abandoned the claim, if the situation that our obligation cannot be fulfilled continues for over 6 months from the effective date of the claim.
Article 15. About handling of registration and personal identity information
- Our Company will use the registration information on the Members — including name, date of birth, phone number, address, E-mail address, credit card information, an account information of financial institution, personal identity information such as experience of the Purchaser or the person responsible for the Project — for the purpose specified in the following items;
- Offer Purchase, recruitment a Purchaser, dispatching of deliverables, attribution analysis of Purchasers(Including identity verification), use within the range for providing this Service.
- Advertisement or publicity about Our Company and the Project, or outsiders.(including sending direct mail and E-mail.)
- Questionnaire survey and analysis for quality management of this website.
- Aftercare and response to inquiries for this Service.
- Contact regarding matters concerning the operation of this Service.
- System maintenance and troubleshooting in this Service.
- Our Company will neither disclose the registration information to outsiders, nor use it beyond the necessary range through providing the Service, except for the cases of the following items;
- In case the Member's consent is obtained.
- In case Offer Purchase, recruitment a Purchaser, dispatching of deliverables, attribution analysis of Purchasers(including identity verification) are required.
- Advertisement or publicity about Our Company and the Project, or outsiders.(including sending direct mail and E-mail.)
- Aftercare and response to inquiries for this Service.
- In case that information is required to collect of Purchase Price.
- In case that information is necessary for the exercise of our rights regarding the Service.
- When disclosing to the person succeeding in the business, at the time of the succession of the business due to merger or transfer of operation and so forth.
- Under admitting by Act on the Protection of Personal Information or another laws and ordinances.
- The Member agrees in advance that we will use the registration information and personal information as stipulated in this section.
- The Member shall be able to make a request for disclosure, deletion, correction or suspension of use of personal information registered in this Service, furthermore, Our Company will respond promptly to those requests only in case they can be confirmed that it is from the person. The inquiry window in our Service is as follows.
- In conducting the use stipulated by the item 2 or 5 of this paragraph 2, we will be able to disclose that registration and personal information to outsiders within the necessary range, when subcontracting to outsiders. Moreover, Our Company shall impose on the outsiders the same obligation that Our Company owes, based on the contract.
Article 16. About handling of cookie information.
We will use cookie information for the following purposes.
- To provide a smooth login environment.
- To display contents and advertisements that we judge useful for Members.
- Analysis of Member trends, planning and providing better Services, to provide them.
Chapter 5. General clause.
Article 17. Intellectual property rights.
- Any rights(such as ownership, intellectual property rights, image rights, right of publicity.) — related to any materials constituting this Service(This term means about pictures, photos, sounds, sentences. Collectively, the “contents materials”.) — belongs to Our Company or the outsiders who have that rights(It includes but not limited to the Project Managers.). Nevertheless, we shall be free to use the project information (such as images, photos, sound sources, sentences etc) submitted by the Project Manager, for the purpose of introducing by advertisement / feature of this Service.。
- The Member shall neither acquire any rights with respect to the content materials, nor do acts that infringe “any rights related to the contents materials”(such as ownership, any intellectual property rights including copyright, image rights, right of publicity.) without permission of the right holder.
- Rights concerning all confidential information that you could learn by using this Service(such as ownership, intellectual property rights, portrait rights, publicity rights, etc., including the program and know-how of this Service except for content materials) shall be attributed to us, additionally shall not be used by themselves or outsiders without our written consent.
- In the event of a problem occurs in violation of the provisions of this section, furthermore, the member shall not cause annoyance or damage to us by resolving its problem at own cost and responsibility.
Article 18. Prohibited items and withdrawal.
- In using the Service, the Member shall not perform the following acts or acts that may be likely to occur.
- Carrying sentences including expressions prohibited by the Project Manager guidelines (including posting of pictures, sound sources, sentences in activity reports).
- Acts of infringing the rightful right such as ownership of the Company or outsiders, all intellectual property rights including copyright, portrait rights, publicity right.
- Act to give disadvantage or damage to another Member or Our Company or outsiders.
- Acts contrary to public order and morals.
- Acts that violate laws, statutes, or the terms.
- Despite our approval, acts aimed at profit by using something related to this Service.
- Act to interfere with the operation of this Service.
- Act to use this Service for other commercial purposes.
- Act to destroy or damage the trust of this Service.
- Act to register false information.
- Act to use this Service illegally.
- Any other actions that we deem inappropriate.
- In using the Service, the Member shall not transmit any posts or messages that include “the contents” specified in each of the following items, or expressions and contents that may contain the contents specified in them. In addition, Our Company may take measures such as suspension of the use of this Service and deletion of contents posted immediately if the Company judges that the Member has posted / sent content that violates the following items.
- Personal information without consent of the principal (Nevertheless, information such as celebrities publicly disclosed is excluded).
- Adult images, animation, and other contents related to adult sites (including illustration and painting).
- Contents that slander or insult others, content hurting others' honor and credibility.
- Expressions and contents that are interpreted as inappropriate due to violation of law or social norms. Expressions and contents that may be interpreted as inappropriate due to conflicts with laws or social norms.(Expressions and contents that are or may be interpreted as inappropriate due to violation of law or social norms.)
- Other expressions and contents judged by Our Company as inappropriate.
- In the event of conflict with the prohibited act prescribed in the preceding two paragraphs; In case of conflict with the prohibited act prescribed in the preceding two paragraphs; The Member shall compensate Our Company for damages, if the company suffers any damage.
- If you wish to withdraw from membership at your own discretion, you can withdraw from Members by following the procedure prescribed by Our Company.
Article 19. Link policy.
- We will authorize the Members to set up a link to TWIN MUSIC.(We will grant Members setting a link to TWIN MUSIC.) Also Our Company will refuse the link from the following items.
- Liberty, defamation, prejudice, fraud, or possible content.
- Content containing illegal or unlawful content.
- Contents that infringe or possibly infringe on intellectual property rights or privacy rights of others such as patents, trademarks, trade secrets, copyrights, personal information.
- Massive or repeated promotions to unwanted third parties, political campaigns, commercial messages.(SPAM)
- Virus, broken data, or harmful file or code.
- Links from other sites that may harm the credibility of TWIN MUSIC.
Article 20. Stopping this Service.
- In the following cases, Our Company will suspend all or part of this Service and not be responsible for anything. Also any damages, that are caused by a reason concerned, to outsiders as well.
- In maintaining and inspecting the computer system for providing this Service periodically or urgently.
- In the event that management of this Service becomes impossible due to an emergency such as fire, blackout, natural disaster, landslide.
- In the event that operation of this Service becomes impossible due to war, civil war, riots, noise, labor disputes, etc.
- This Service cannot be provided due to failure of computer system for providing this Service, unauthorized access from a third party, infection of computer virus and so forth.
- In the event that this Service cannot be provided due to measures based on laws, rules and regulations.
- Furthermore, when Our Company judge it as unavoidable.
- In stopping the operation of this Service pursuant to the preceding paragraph, Our Company will notify the Members and outsiders in advance by E-mail or TWIN MUSIC except in an emergency case.
Article 21. Change and abolition of this Service.
- Our Company shall be able to change, add, and delete the contents of this Service, functions and usage fees.
- Our Company can abolish this Service at any time by our discretion.
- Our Company will endeavor to notify the Members by E-mail or TWIN MUSIC beforehand, in changing or abolishing the “content”, “function”, “usage fee” of this Service, or in abolishing this Service.
Article 22. Disclaimer.
Our Company shall not be liable for any damages arising out of or in connection with provision of information in the Service content, results obtained through the use of information, or the legality and morality of the information itself, the permission of the right, the accuracy. We are not responsible for all contracts including purchase and sale contract between Purchasers.
- Our Company shall not be liable for the following matters;:
• Any damages that caused or induced regarding provision of information on the content of this Service.
• The result obtained by using the information and the legality and morality of the information itself, the permission of the right, accuracy.
• All contracts including purchase and sale contracts between the Project Manager and the Purchaser.
- Our Company shall not incur any obligation to perform the sales contract based on misdisplay, and any obligation to compensate; In the following cases:
• Delayed or undelivered E-mail due to failure of computer system to provide this Service.
• Misdisplay on this Service page (including erroneous display of price / quantity).
• And any damage caused by any other cause.
- Our Company shall not be obliged to compensate damages caused by the environment of computer, line, software used by the Member. Moreover, Our Company may notify Members of environment concerned by a method specified separately.
- Our Company restricts access from overseas to Members' Internet connection environment in part. TWIN MUSIC is offering access from Japan, so please make sure beforehand that you can connect the internet. In addition, in the course of transactions in this Service, the use of TWIN MUSIC being hindered, the failure to sell, or a problem between Members occurred, such as one of the Members travels overseas and cannot access; Our Company shall not be responsible for them.
- Our Company shall not be obligated to compensate for damages caused by delayed, stopped, canceled or abolished this Service, or changes in Service contents. However, in the event that this Service falls under the "Consumer Contract" specified by the Consumer Contract Act; In the event that the damage caused to the Member is due to our default or illegal act, Our Company shall be liable for damages within the range of normal damage received directly by the Member.
- Our Company shall not be obligated to compensate for any damages to computers, lines, software that caused by downloading through this Service or TWIN MUSIC(including partners media on TWIN MUSIC and websites managed by third parties including advertisers).
- Our Company shall not bear any responsibility for the transaction between the third party and the Member conducted through this Service, and all transactions are the responsibility of the third party and the Member.
- Our Company shall not bear any responsibility for the loss of data provided through this Service and any other damage caused in connection with this Service.
- Regarding the Service Our Company is providing, Our Company is not responsible for any troubles arising between Members or between Members and outsiders(such as illegal proposal or the actions contrary to public order and morality, defamation, insult, privacy invasion, intimidation, slander, harassment).
- Notwithstanding any items in this section, they shall not apply to damages caused by Our Company’s intention or gross negligence.
Article 23. Change of this term of use.
- Our Company shall be able to revise these Terms as occasion arises.
- Our Company has the right to change this term at any time. For example, the terms may be changed due to addition of new functions or other reasons.
- If Our Company changes this agreement, the changed terms will be applied after 30 days have elapsed. As for the applicable date, please confirm the change date on the top of this agreement. Also it is the responsibility of the Members themselves regarding confirmation about the contract change.
- By using this Service, you agree to comply with these Terms. If you continue to use this Service even after changing the terms, you are deemed to have agreed to obey by changed the terms.
- The Member shall not be able to file an unknown or disapproval of the contents after the point of consent prescribed in the preceding paragraph.
Article 24. Consultation · competent court
- In case of any doubts or problems arising between Members, Our Company and the third party in connection with this Service, we shall consult with each other in good faith and resolve it.
- If doubts or problems are not resolved by the consultation set forth in the preceding paragraph, the Tokyo Summary Court or the Tokyo District Court shall be the exclusive court of jurisdiction in the first instance.
Article 25. Applicable Law.
This Terms shall be interpreted in accordance with Japanese law.