These Terms stipulate the provisions regarding the use of the “ANiUTa Service” and website related thereto (hereinafter collectively referred to as “the Service”) provided by ANiUTa Co., Ltd. (hereinafter referred to as “the Company”).
Article 1 (Terms)
1. These Terms shall apply to any and all cases when the users use the Service.
2. The users shall be deemed to have agreed to the Terms at any of the times set forth in the items below, whichever arises earlier:
(1) Upon the completion of performing member registration for the Service (completing the payment procedure set forth in Article 8 with regard to the information service charge set forth in Article 7);
(2) Upon starting the use of the Service after the initial start-up by downloading a dedicated application for the Service (hereinafter merely referred to as “the dedicated app.”); or
(3) Upon the completion of making an application for the Service by agreeing to the Terms of Service Provision stipulated by a business operator (hereinafter referred to as “the allied business operator”) with whom the Company has a business alliance.
3. The Company shall be entitled to change, add, modify or delete the contents of the Terms without giving prior notice to the users. In the event the user continues to use the Service, the user shall be deemed to have agreed to the applicable change. Provided, however, that when changing the Terms, the Company will immediately disclose the applicable Terms on the website of the Service, etc. In case the user does not wish to use the Service under the requirements set forth in the Terms after the change, the user shall terminate the use of the Service by following the procedures stipulated in Article 9.
Article 2 (Necessary Environment, Guaranteed Operating Environment, etc.)
For the environment that is necessary to use the Service or the guaranteed operating environment for the dedicated app., refer to “Compatible Devices and OS versions.” Note that the app. may not function normally for an OS or device that does not fall under the guaranteed operating environment.
Article 3 (Users)
1. The term “user” as used herein refers to a person who downloaded the dedicated app., launched it for the first time, and has started using the Service.
2. In order to use the Service, either of the following requirements must be met; if not falling under either of the following requirements, the user will not be able to use the Service:
(1) A person over 20 years of age; or
(2) A person who is 13 years or older in age, and a person who has parental authority for, or is the legal guardian of, that person has agreed to the Terms.
Article 4 (Notice to Users)
The Company will notify the users of necessary information by the method the Company judges to be appropriate by displaying it on the website run by the Company or displaying it on the dedicated app.
Article 5 (Attribution of Rights)
1. The Company shall grant the users a limited, revocable and non-exclusive license (hereinafter referred to as “the license”) that allows the use of the applicable contents through the Service for personal and non-commercial entertainment purposes with regard to all of the contents (data, text, music, videos, etc.) provided through the Service. All rights, except for those explicitly granted to the users by these Terms and the Service, shall be reserved by the Company or a third party who holds the applicable rights.
2. Except as expressly stated, the contents provided by the dedicated app. and the Service shall be licensed to the users from the Company, and shall not be sold to them.
3. External software (open source software library, etc.) included in the Service shall be licensed to the users under the conditions posted on the website of the Company or the license terms of the applicable external software library.
4. The license shall continue in effect unless the users stop using the Service or the Company terminates the authority of the users.
Article 6 (Provision Areas)
The use of the Service shall be restricted to Japan and the USA.
Article 7 (Information Service Charge)
1. The Service shall be monthly fee-based, and the users shall pay the usage charge as compensation for the use of the Service that the Company separately determines and displays on the website, by the method designated by the Company.
2. The payment method, etc. of the monthly information service charge shall be stipulated in the following article.
3. Monthly information charges, once paid, shall not be refunded for any reason whatsoever, including cases in which communication services become unavailable.
4. Notwithstanding each of the preceding paragraphs, the users shall be entitled to partially use the Service within a certain scope stipulated by the Company without registering as a member. Provided, however, that the range in which partial use is available may be set or changed freely by the Company without prior notice to the users.
5. For the purpose of promoting membership to the users, the Company may implement measures to enable the users who have registered as members or the users under an alliance use agreement to use the Service free of charge only at the initial admission time and for a certain length of the period at the beginning of admission. Provided, however, that the Company shall be entitled to freely set or change the availability of the implementation of the applicable measures, implementation time and implementation contents without prior notice to the users.
Article 8 (Settlement and Billing Method)
1. The users shall pay the amount stipulated in the preceding article by the method set forth in each of the following items:
(1) The Service makes use of the automatic subscription renewal billing function provided on the App Store or Google Play Store by Apple Inc. or Google Inc., who performs invoicing or payment receiving agent services. The monthly information service charge shall be invoiced or received through the agent service by the settlement and billing method following the above billing function (the company who performs such invoicing, payment receiving agent services, and billing shall be hereinafter referred to as “the settlement service operator”), and the users shall approve this.
(2) As long as the users do not voluntarily cancel the automatic subscription renewal billing function in the preceding paragraph through the App Store or Google Play Store, billing will be automatically continued.
(3) The users shall pay the monthly information service charge to the applicable settlement service operator in accordance with the terms that each user separately contracts with the settlement service operator. In the event the user fails to comply with the contract terms with the settlement service operator, the use of the Service may be suspended.
(4) In the event the user fails to pay the monthly information service charge even after the due date whereby the settlement service operator performs the payment receiving agent service for the monthly information service charge, the applicable settlement service operator shall notify the Company of the name of the user, information on the unpaid payment, etc. In this case, the Company may directly charge the monthly information service charge to the user based on the notified information.
(5) The user shall settle any dispute arising with the settlement service operator relating to the payment of the monthly information service charge at its own responsibility and expense, holding the Company harmless from any trouble or damage. In addition, the Company shall not assume any responsibility for damage incurred by paying subscribers resulting from such dispute.
(6) In the event the Company suffers damages resulting from a dispute between a user and the settlement service operator, the applicable user shall compensate for such damages in response to a request from the Company.
2. Notwithstanding the provisions in the preceding paragraph, in the event a user uses the Service under an alliance use agreement, the user shall pay the monthly information service charge to the allied business operator. Provided, however, that the settlement service operator in the provisions of Items 3 to 6 of the preceding paragraph shall be revised to be referred to as the allied business operator and the same shall be applied correspondingly in this paragraph. In addition, in the event the alliance use agreement between a user and the allied business operator has ended, the user shall lose the right to use the Service simultaneously, and the user shall agree to this process.
Article 9 (Cancellation of Billing)
1. A user who wishes to stop the use of the Service shall cancel the subscription type of billing according to the procedure stipulated by the App Store (Apple Inc.) or Google Play Store (Google Inc.) no later than 24 hours before the current Service subscription period ends. Provided, however, that a user under an alliance use agreement shall cancel the alliance use agreement according to the procedure stipulated by the allied business operator.
App Store (Apple Inc.): https://support.apple.com/ja-jp/HT202039
Google Play Store (Google Inc.):
2．Even after the cancellation process has been completed, the Service may be used continuously during the subscription period for which payment has already been made.
Article 10 (Playlist)
1. The user shall be entitled to create a playlist (hereinafter referred to as “the playlist”) by arbitrarily selecting content provided through the Service by using the dedicated app. to share it with the public through the Service and a third party such as a social network service (hereinafter referred to as “SNS, etc.”) that is allied with the Service .
3. All the rights granted under the Copyright Act and other laws with regard to the playlist shall belong to the Company, and the creator shall not claim any rights based on the author’s moral right or any other grounds with regard to the playlist. Provided, however, that upon the publication of the playlist, the creator shall be deemed to have agreed automatically and irreversibly to the free and limitless use of the playlist by the Company and all other users.
4. The creator shall not use such phrases or expressions in the playlist tiles or in the creator’s name of the playlist that violate public order and morals, or damage the trust, honor, reputation, or image of the works or artists. Should there be any playlists that breach the foregoing description, the Company shall be entitled to immediately delete them.
5. The Company shall be entitled to modify, limit the use of or delete the playlist in whole or in part for any reason whatsoever without giving prior notice to any users including the creator.
6. None of the users, including the creator, shall raise any objection or claim compensation with regard to each of the preceding paragraphs.
Article 11 (Forced Termination of Service Provision)
1. When a user falls under any one of the following items, the Company shall be entitled to terminate the provision of the Service to the applicable user:
(1) When having conducted any of the prohibited acts stipulated in these Terms;
(2) When having been in arrears with the payment of the monthly information service charge;
(3) When having violated any other provisions of these Terms; or
(4) In addition to the preceding three items, when the Company has judged it appropriate to forcibly terminate the provision of the Service.
2. When having judged or found that a user falls under either one of the following items, the Company shall be entitled to cancel the provision of the Service at any time:
(1) In the event the provision of the Service was forcibly canceled due to a violation of the Terms in the past; or
(2) When the Company has otherwise judged it inappropriate to provide the Service to a user.
Article 12 (Prohibited Matters)
When using the Service, the users shall be prohibited from engaging in any act listed in each of the following items:
(1) Reproducing, distributing, transferring, loaning, transmitting to the public, or reverse engineering, decompiling, disassembling, altering, or creating derivative works based thereon, beyond the scope of private use permitted by the Copyright Act with regard to all data, information, text, sounds, videos, and illustrations (hereinafter collectively referred to as “data, etc.”) provided through the Service;
(2) Transferring the contents stored in the cache to another device from the device equipped with the dedicated app. in any manner;
(3) Infringing or committing any act that may infringe on any of the assets or rights of the rights holders or any other third parties in connection with the Service or the contents provided through the Service;
(4) Slandering or defaming any of the rights holders pertaining to the contents provided by the Company or through the Service or third parties including the other users of the Service, damaging the honor or trust thereof or causing any risk thereof;
(5) Disclosing the user’s own account or password to a third party, or permitting a third party to use such information, or making use of the user account or password of a third party, regardless of whether with or without compensation;
(6) In addition to the preceding Item (5), assigning, loaning, changing the title of the rights eligible for membership, or pledging or making such rights available as a security to a third party, for example, by reselling to a third party through an Internet auction;
(7) Engaging in an activity that aims to earn profits on its own or by a third party by using the Service, and engaging in an activity that aims to prepare for conducting such activity;
(8) Engaging in a pre-election campaign, election campaign, any act similar thereto or any act that violates the Public Offices Election Act by using the Service;
(9) Engaging in any religious acts including the advertisement of a religion, and engaging in acts involving religious associations such as the foundation of a religious organization, religious activities, or participation in a religious organization by using the Service;
(10) Disturbing the Service or causing confusion in any form. Performing alternation, infringement, investigation of the vulnerability, scanning or a testing attempt on the Service, the Company’s computer system, network, use restrictions or security composition element, certification procedure or any other protection measures ; and
(11) In addition to each of the preceding items, committing any act that violates the laws, regulations, or public order and morals.
Article 13 (Suspension or Abolition of Service)
1. The Company shall be entitled to cancel or suspend the provision of the Service in whole or in part without giving prior notice to the users depending on the maintenance or inspection of the system pertaining to the Service, the operation situation of the Service, or other situations.
2. When having judged it difficult to continue the operation of the Service, the Company shall be entitled to abolish the Service on the condition that notice is given to the users at least one month before the date of abolition. In this case, the Company shall not refund to the users the monthly information service charge that has already been remitted.
3. Unless otherwise stipulated in these Terms, the Company shall assume no responsibility to the users for the suspension or abolition of the Service.
Article 14 (Handling of Personal Information)
Article 15 (Compensation for Damages)
1. When having caused damage to the Company or any other third party for a reason attributable to a user with regard to the use of the Service, the user shall assume responsibility for compensating for damages.
2. When having received a complaint or demand from another user or any other third party with regard to the use of the Service, or when a dispute has arisen, the user shall settle it at its own responsibility and expense.
3. With regard to damages that a user suffers as a result of an intentional act committed by the Company, the Company shall compensate for such damages to the maximum extent of the sum of the payment that the user made to the Company for the 12 months prior to the event in question. Provided, however, that in no event shall the Company assume legal responsibility with regard to the portion exceeding the applicable sum.
Article 16 (Disclaimer)
1. The Service shall be provided “as it is” or “as available” without any kind of express or implied warranty or condition, and the Company shall make no representation or is not responsible for any warranty that the Service and the contents, information, service, etc. provided incidental to the Service have reached the level expected by the users, conform to a specific purpose or are free from virus, or that the posted information is accurate and true.
2. The Company shall assume no obligation to maintain, support, upgrade or renew the Service, shall assume no obligation to provide specific content in whole or in part through the Service, and shall be entitled to modify or delete the content at its own discretion without prior notice to the users.
3. The Company shall assume no responsibility for damages resulting from the user’s use or failure in use of the Service, except for the case when it is obvious that the applicable damages have resulted from an intentional act committed by the Company.
Article 17 (Governing Laws and Court Jurisdiction)
1. The use of the Service and the application and interpretation of the Terms shall be governed by the laws of Japan.
2. The users shall agree that any lawsuit that arises relating to the Service and the Terms between a user and the Company shall be settled at the Tokyo District Court or the Tokyo Summary Court, which shall assume exclusive jurisdiction as the court of the first instance.
Article 18 (Inquiries)
For inquiries about the Terms or the Service, contact the following email address: