The “Company”, as defined in the PetitLyrics Membership Agreement, is SyncPower Corporation, incorporated in Japan. Further information about the Company is available at http://petitlyrics.com/contents/company.html.
Without limiting the generality of the Terms of Use Agreement to which you agreed, upon your access to and use of this Site, this PetitLyrics Membership Agreement (hereafter, this “Membership Agreement”) provides conditions to offer the Membership Services, together with all information, content and data contained on the Site, as well as rights and obligations between SyncPower Corporation (hereafter, our “Company”) and the Members (“Member(s)” and/or “You”). You must read and agree with this Membership Agreement and the Terms of Use Agreement in order to use the Member services. Among other benefits, Membership Highlights include:
A. A Member can create a Member’s My Page.
B. A Member can create line by line synchronized lyrics (timed-lyrics), and post to them to the PetitLyrics website.
C. A Member can post certain track name, artist name, and URL link of the PetitLyrics website to Facebook and Twitter.
D. A Member can send/receive community mail between Members.
E. A Member can register their favorite lyrics in the Member’s My Page.
E. A Member can follow a Member.
F. A Member can post a timeline and reply to a timeline
Article 1 (Application)
1. This Membership Agreement is intended to provide conditions to offer membership services as well as rights and obligations between our Company and the Member, and is applied to every aspect related to use of Member services between the parties.
2. This Membership Agreement also includes guidelines, precautions, and guidance related to use of Member services which are also mentioned or indicated on the service pages.
3. The Member shall comply with the PetitLyrics Membership Agreement in order to use the PetitLyrics services and Member services.
4. If the Contents of this Membership Agreement are not consistent with the PetitLyrics Terms of Use, this Membership Agreement shall take precedence.
Article 2 (Member Registration)
1. The member registration procedure defined by our Company must be completed in order to use Member services.
2. A User who wishes to register (hereafter, Member Registration Applicant) shall agree with this Membership Agreement and follow the defined procedure to apply for Member registration. If the Member registration applicant is not an adult, agreement for membership registration and use of Member services must be obtained from his or her legal representative (legal guardian, etc.).
3. Our Company shall register the member registration applicant as a Member of the member services after the Member Registration Applicant completes the official registration procedure. However, our Company shall refuse member registration or cancel registered membership when it has become clear that the member registration applicant:
(A) Attempted registration with counterfeit information, or
(B) Attempted registration by impersonating another person, or
(C) Is already registered as a Member, or
(D) Has ever been suspended or canceled his or her membership due to violation against this Membership Agreement, or
(E) Is for other justifiable reasons regarded to be disqualified as a Member by our Company.
Article 3 (Permission for Use)
The Member shall be able to use the following under the conditions defined in this Membership Agreement:
1. Post Lyrics Data, and
2. Communicate with other Members, and
3. Register Lyrics Data on the PetitLyrics services, and
4. Other functions or services provided by our Company.
Article 4 (Lyrics Available for Posting)
Lyrics meeting any of the following conditions may be posted to member services:
1. Lyrics for which Company has obtained permission from the respective Copyright Manager; or
2. Lyrics written by the Member himself/herself, and of which copyright is not managed or controlled by any third party entity; or
3. Lyrics individually licensed to our Company from the copyright holder.
Article 5 (Posted Content Rights)
1. The Member shall grant our Company a worldwide license (including a sub-license) to non-exclusively use (reproduce, publish, transmit, distribute, transfer, lend, translate, adapt, etc.) the posted Content (handling of rights including copyright of lyrics included in the posted Lyrics Data shall conform to Article 6) in the PetitLyrics services, other related services provided by our Company, and services provided by other companies in cooperation with our Company, at no additional cost, after canceling his or her membership. The Member shall not exercise writer's personal rights after canceling his or her membership.
2. If a part of the posted Content, which is not copyrighted material of the Member, contains an error, difference from a fact, or excessive or insufficient information, our Company shall edit, add, supplement, or delete the part, as appropriate.
3. Our Company shall delete incomplete posted Lyrics Data which have been left inactive for three months or longer without prior notice to the Member.
Article 6 (Copyright and Other Lyrics Rights)
1. For lyrics contained in posted Lyrics Data and of which copyright is managed by a third party apart from the copyright owner, Company shall process the copyrights according to the contract with such third party organization.
2. For lyrics contained in posted Lyrics Data which are written by the Member himself/herself, and of which copyrights are not managed by a Copyright Manager, but controlled 100% by himself/herself, our Company shall process the copyright as provided below:
(A) The Member herein grants our Company a worldwide, royalty-free, non-exclusive license to use Member Content as part of the Company services, including, but not limited to use (reproduce, publish, publicly transmit, distribute, display, lend, translate, sub-license, etc.) the posted Lyrics Data in connection with the PetitLyrics services, other related services provided by our Company, and services provided to third party companies in cooperation with our Company, at no additional cost.
(B) The Member herein guarantees that the intellectual property rights, including copyright of the lyrics, belong to himself/herself when posting them.
(C) When it has become clear that the intellectual property rights, including copyright of the lyrics, do not belong to the Member, or our Company cannot contact the Member who guaranteed that the intellectual property rights, including copyright of the lyrics, belong to himself/herself when posting them, our Company shall delete or suspend the lyrics from distribution without notice to the Member. Our Company shall not have any responsibility for any damages to the Member or a third party arising from the fact that intellectual property rights, including copyright of the lyrics, do not belong to the Member, and the Member shall compensate such damages as his or her own responsibility and expenses.
(D) When a Member cancels his or her membership, the rights of our Company, defined in this Agreement, shall continue for posted Lyrics Data not deleted by the time of cancellation.
3. When our Company terminates the use of member services for a Member due to one of the reasons provided above, our Company shall cancel registration of the Member, and delete the Content related to the Member, and his or her files saved. In this case, our Company shall not be responsible for any damages to the Member and third party arising from termination of service.
Article 7 (Cancellation of Membership)
If the Member wishes to cancel his or her membership, he or she shall follow the procedure indicated in the member services area of the Site. Upon successful completion of this procedure, member services will be considered canceled from the day when the Member applies for cancellation.
Article 8 (Changes to the Membership Agreement)
1. Our Company shall be able to change or modify this Membership Agreement at any time, following a thirty (30) day prior notice to the Member. The notice can be given by email to the email address provided by the Member or using any messaging function forming part of the Membership Services.
2. Changes to this Membership Agreement shall be regarded as accepted if the Member continues to use the Membership Services after the date of change stated in the notice.
Article 9 (Separability)
If any provision of this Membership Agreement is determined to be invalid, illegal, or unenforceable by any applicable laws, the validity, legality, and enforceability of the remaining provisions of this Membership Agreement shall not in any way be affected or impaired.
Article 10 (Governing Law)
This Membership 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 May 1, 2014
Revision February 1, 2016