Terms of Service

The “Company”, as defined in the PetitLyrics Terms of Use (ToU), is SyncPower Corporation, incorporated in Japan. Further information about the Company is available at http://petitlyrics.com/contents/company.html.
PetitLyrics Terms of Use (hereafter, this “Terms of Use” and/or “ToU”) provides conditions to offer the (1) User (“User and/or You”) and/or (2) Member (“Member” and/or “You”) services, as well as rights and obligations between SyncPower Corporation (hereafter, our “Company”) and the Users and Members, and is applied to every aspect related to use of User and Member services between the parties. You must thoroughly read and agree with this Terms of Use in order to use the User and/or Member services, as described herein. This Terms of Use also includes guidelines, precautions, and guidance related to use of User, Member services, and the Membership Agreement, which are also mentioned on the service pages. By using the Site (as defined below), User and Member hereby agree to all of the terms and conditions contained herein.

Article 1 (Definition)
1. PetitLyrics Member and User service is a generic term for services provided through software, applications, or websites under the PetitLyrics brand, including but not limited to PetitLyrics, PetitLyrics Player, PetitLyrics Maker, PetitLyrics Karaoke, and Lyrics Search by PetitLyrics, and also includes the member services mentioned in the Membership Agreement, below.
2. User refers to a person who uses the PetitLyrics services and includes the Member mentioned in the Membership Agreement, below.
3. Member Service refers to the service among the PetitLyrics services which is provided only to Members.
4. A Member refers to a User who has completed member registration by following the member registration process, below.
5. Content is a generic term for information available through the PetitLyrics services, including but not limited to text, description, speech, music, lyrics, movie, software, program, code, etc.
6. Posted Content and/or Lyrics refers to Content posted or transmitted by a Member to a member service, and includes the Posted Lyrics Data mentioned below (except for those explicitly excluded by the Membership Agreement).
7. Lyric Data and/or Posted Lyrics Data refers to a) written lyrics to any musical composition; b) any timing or other synchronization data; and c) other accompanying data posted by a Member to a member service.
8. Copyright Manager refers to an individual, company or organization that either owns or administers all or portions of the rights in and to the lyrics contained in the Lyric Data and has the authority to grant the permissions necessary for the use of the Lyric Data on the Site.
9. Only persons age 13 years or older, (or equivalent minimum age based on local law), can create Member accounts. Accounts for persons under 13 years old can be created by a parent or legal guardian, or by an approved educational institution. Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and the parent or legal guardian understand it.
10. Site refers to the services and rights owned and controlled by PetitLyrics services provided through software, applications, or websites under the PetitLyrics brand, including but not limited to PetitLyrics, PetitLyrics Player, PetitLyrics Maker, PetitLyrics Karaoke, and Lyrics Search by PetitLyrics software products made available through the Company (collectively, the “Site”), and are licensed, not sold, to the User. The Site includes (i) those services or products that have been developed, and are licensed to you, by the Company; and (ii) those services or products that have been developed, and are licensed to you, by a third-party developer or Company affiliate (“Third-Party Services”). All Site services and products contain proprietary content, information and material that is owned or licensed by the Company and/or its agents or licensors, and is protected by applicable intellectual property and other laws.

Article 2 (Permission for Use)
The User and Member shall be able to use the Content and Lyrics Data as the User or Member by agreeing to this Terms of Use.

Usage of Lyrics is limited to your personal, noncommercial use in accordance with the terms of this Agreement. You may not reproduce (other than as authorized for your own personal usage), publish, transmit, distribute, publicly display, rent or lend, modify, create derivative works from, sell or participate in the sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Lyrics so provided. You agree that you are not granted any so-called "karaoke" or "sing-along" rights to Lyrics and you shall not seek to or remove any vocal track from a sound recording that shall be associated with a Lyric provided to you. You agree not to assign, transfer or transmit any Lyrics to any third party. You agree that you shall not seek to or do anything that will defeat, evade or circumvent any efforts that may be made to protect the Lyrics from any unauthorized usage.

Article 3 (Prohibited Acts)
The Member or User shall agree not to do any of the following acts while using the PetitLyrics services and/or Member services:
1. Reproduce the Contents beyond the scope of “private use” as referred to in the U.S. Copyright Act in USA, in the EU Information Society Directive (2001/29/EC) or any successor legislation in EU, in Article 30 of the Japan Copyright Act in Japan, or screen, transmit to the public, make available for transmission, transfer, or lend them; or
2. Circumvent the copyright protection function applied to Content; or
3. Infringe intellectual property rights, portrait/name and likeness rights, honor, trust, or other personal rights of our Company or a third party in relation to the user or member services or Content, or impersonate or misrepresent yourself as another person, artist, entity; or
4. Knowingly transmit or post information, including infringement, mentioned above; or
5. Conduct an act against public order, morals, or laws; or
6. Slander, abuse, or do harm to a third party through user or member services; or
7. Knowingly put an excessive load on the network or system for user or member services; or
8. Illegally access or try to illegally access the network or system for user or member services; or
9. Conduct an act which is judged by our Company to hinder operation of user or member services; or
10. Send information that includes the following Content when sending posted Content:
    (A) Information which can identify an individual (name, address, place of employment, phone number, etc.); or
    (B) Information not related to Content or posted Content; or
    (C) Information related to a problem or compliment related to the Content or posted Content; or
    (D) Other information which is judged by our Company to be inappropriate; or
11. Collect information of other Users or Members or users of member services; or
12. Act against, do harm to, or make socially inappropriate comments about our Company, other Users, or Members of member services, or a third party; or
13. Use Member or User services while driving a vehicle, or engaging in any other unsafe or distracted manner; or
14. Act against the Terms of Use defined by our Company for services other than the PetitLyrics services and member services; or
15. Conduct an act which is judged by our Company to be inappropriate.

Article 4 (Contents Rights)
Copyrights, design rights, trademark rights, ownership and any other intellectual rights of the Content other than the Lyric Data are retained one hundred percent (100%) by Company or its affiliates and licensors.

Article 5 (Guarantee)
1. Our Company represents and warrants that it has obtained permissions for use on the Site of Posted Lyric Data, either created by Company or posted by a Member utilizing one of the Member Services, from the appropriate Copyright Manager, which have proper rights in accordance with the usage of lyrics including Lyrics Data, only if posted Lyrics Data was posted in accordance with the PetitLyrics Member Agreement.
2. If our Company updates the Content of the User service, our Company offers the User the option to continue the User service in accordance with this Terms of Use. However, this Terms of Use is not a guaranteed that our Company will update the user service.

Article 6 (Disclaimer)
1. The services provided by the Company are provided "as is" and “as available”, with all faults and without warranty of any kind, and Company hereby disclaims all warranties and conditions with respect to any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, and of non-infringement of third-party rights. The Company does not warrant against interference with the Users enjoyment of the services, that the operation of the services will be uninterrupted or error-free, or that defects in the services will be corrected.
2. Although the Company uses reasonable efforts to update and improve the accuracy of the information and services contained on the Site, the Company makes no guarantees, warranties or representations of any kind with regard to and cannot ensure the accuracy, completeness, timeliness, quality or reliability of any information made available on and through the Site. The Company specifically disclaims any and all liability for any loss or damage of any kind that you may incur, directly or indirectly, in connection with or arising from, your access to, use of or reliance upon Company or Site services, including any errors or omissions in the information contained on the Site
3. The Company services are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information, including music, and service history from your computer or device and from peripherals (including, without limitation, servers and other computers) connected thereto. You should back up all data and information on your computer or device and any peripherals prior to using the services. You expressly acknowledge and agree that all use of the Company services is at your sole risk. To the extent permitted by law, the Company shall have no liability with respect to your use of the services, including the inability to access uploaded Content.
4. Our Company shall not take any responsibility for any damages to the User, Member, other members of the member services, or a third party caused by the User or Member conducting an act prohibited in Article 3.
5. Our Company shall not guarantee operation of User or Member services in other operating environments other than explicitly indicated in the User or Member services.
6. Our Company shall not take any responsibility for any transaction, communication, or dispute between a Member or User and another member of the User or Member service, or a Member or User, and a third party.
7. You hereby agree to use these services only for lawfully acquired content. Any use for illegitimate content infringes the rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.

Article 7 (Handling of Personal Information)
1. Our Company shall handle Member and User information in accordance with our Privacy Policy (http://PetitLyrics.com/contents/privacy). Members and Users hereby agree that our Company handles Member and User information in accordance with this Privacy Policy.
2. Our Company shall be able to use and publish information and data provided by the Member or User to our Company as statistical information at our own discretion, provided that such use does not provide the identification of Users and/or Members.

Article 8 (Prohibition of Transfer)
The Member or User shall not be able to transfer to a third party, sell, change the holder of, or establish the right of pledge or assignment on rights granted by this Terms of Use.

Article 9 (Termination of Use)
Our Company shall be able to terminate use of the Member and/or User services for a Member or User without prior notice or notification when:
1. The Member or User has violated this Terms of Use Agreement, or Membership Agreement (below), or
2. There is any other justifiable reason for termination of use of Member and/or User services.

Article 10 (Suspension of Services)
The Company does not guarantee, represent, or warrant that your use of the Company service will be uninterrupted or error-free, and you agree that from time to time the Company may suspend the Company service for indefinite periods of time in accordance with paragraphs 1 and 2 below. The Company does not represent or guarantee that the Company service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and the Company disclaims any liability relating thereto.
1. Our Company may suspend in part or whole the Member and/or User services without prior notice to the Member or User in the following cases:
    (A) When an unavoidable event to sustain system operation, such as emergent maintenance, occurs, or
    (B) When it has become impossible to provide User or Member services due to a natural disaster, act of God, or other emergencies, or
    (C) When our Company has determined that it is necessary to suspend User or Member services in order to sustain system operation.
2. Our Company shall not be responsible for damages arising from suspension of the user or member services due to the reasons mentioned above.

Article 11 (Alternation and Termination of Service)
1. Our Company shall be able to modify the Contents of the User or Member services at any time without prior notice to the Users or Members.
2. Our Company shall be able to terminate the user and/or member services, in part or whole, for no particular reason following a thirty (30) day prior notice to the User or Members. The notice can be given by email to the email address provided by the User or Member or using any messaging function forming part of the service.

Article 12 (Change to Terms of Use)
1. Our Company shall be able to change or modify this Terms of Use Agreement at any time, following a thirty (30) day prior notice to the User or Members. The notice can be given by email to the email address provided by the User or Member or using any messaging function forming part of the service.
2. Changes to this Terms of Use Agreement shall be regarded as accepted if the User or Member continues to use the service after the date of change stated in the notice.

Article 13 (Acquisition of Information by External Modules)
Our company may provide the member and user information to external information acquisition module vendors in order to distribute targeting ads based upon it on this service or this application. Use of the application or service constitutes your consent to this, but the member and user can terminate to provide the member and user information at any time through the setting in the web browser, device or ad network, after which only non-targeted ads will be shown to the user. Regarding the setting, please take a look at Help menu.

Article 14 (Separability)
If any provision of this Terms of Use is determined to be invalid, illegal, or unenforceable by any applicable laws, the validity, legality, and enforceability of the remaining provisions of this Terms of Use Agreement shall not in any way be affected or impaired.

Article 15 (Governing Law)
This Terms of Use Agreement shall be governed by the laws of Japan. In the unlikely event of a dispute between the parties, the parties agree to resolve such disputes through binding Arbitration in the Tokyo District Court.

Established October 29, 2010
Revision July 20, 2011
Revision March 12, 2012
Revision October 26, 2012
Revision April 5, 2013
Revision May 1, 2014
Revision February 1, 2016