Nash Music Channel Terms of Use
Nash Studio Inc. (hereinafter referred to as "we," "us," and "our") herein sets forth the terms and conditions (hereinafter referred to as "the terms") on the use of our background music player app called "Nash Music Channel" (hereinafter referred to as "the app") by our customers, including but not limited to store/shop/restaurant owners, event organizers, and internet live streaming broadcasters (hereinafter referred to as "the user").
Modification of the Terms
We reserve the right to alter the content of the terms without prior consent. The most current terms are applicable to the user of the app.
Modification of the App
We reserve the right to change or cancel the whole or any part of the app by our sole judgment, without notifying the user in advance.
License
We permit the user to publicly play the music on the app, anywhere in the world, as long as the user purchases a paid subscription service for the app. The scope of permission shall include the following:
Background Music Use For:
(1) Commercial facilities, including but not limited to shops, offices, restaurants, and other facilities.
(2) Event venues, including but not limited to weddings, corporate exhibitions, and sports competitions.
(3) Internet live streaming and its archival content in audio or audiovisual forms.
Music Rights
We guarantee that the music provided in the app consists entirely of our original work and that we retain all of the rights pertaining to its use, including copyrights and neighboring rights. Our permission to the user described in the preceding article ("License") does not transfer any music rights to the user.
Music Programs
We reserve the right to change or delete the whole or any part of the music programs provided in the app without providing prior notice to the user.
Data Storage
We do not store the data that the user saves in the app. In the event that the user deletes the app, all of the data that the user held until then will be removed and cannot be restored. Thus, the user accepts that we do not guarantee the transfer of stored data upon updates of the app or device updates and upgrades.
Unsubscribing
The app's paid subscription will automatically update a month from the date and time of payment or subscription upgrade/downgrade. By subscribing, the user agrees that the subscription will be automatically updated for another month unless the user unsubscribes 24 hours before the update time.
Prohibitions
(1) The music content provided in the app cannot be resold, redistributed, or reproduced without our permission.
(2) The user is not permitted to lend or hand a paid subscription of the app over to a third party.
Copyright
The copyright of any content, such as logos, text, images, illustrations, and videos found in the app belongs to us or the third-party licensors with whom we hold a license agreement on the use of said content. The user is prohibited by law from using without permission any of this content, which is protected by law.
Disclaimer
(1) We do not assume responsibility for any loss, injury, or inconvenience caused to the user or any third party resulting from:
(a) Technology-related issues of Apple Inc. or Google, including but not limited to communication errors, computer system failure, or termination of service.
(b) Problems of Apple Inc. or Google, including but not limited to leakage and utilization of personal information.
(c) The user's violation of the terms.
(d) Cancellation, malfunction, or termination of the app or our service.
(2) We provide the app to the user on an "as is" basis at the time of download and do not guarantee that the app with its all functions operates properly under any conditions or circumstances.
(3) In the event that the disclaimer does not apply due to intentional or gross negligence on our part, we will be liable for damages up to the amount of the fee that we charged from the user for the month in which the said damages occurred.
(4) Textual information, such as details regarding music genres, moods, and scenes, found in the music program titles, introductions, and search-tags are provided merely for the user's reference to facilitate the music search and selection process.
(a) We do not guarantee any practical effect upon the user or third-party listeners.
(b) We do not promote any discrimination based on, and including but not limited to, race, creed, appearance, occupation, gender, culture, health, or age.
(c) We have no intent regarding political or religious activities.
(5) The user bears all communication fees related to the use of the app and we do not accept any responsibility for data charges.
Court of Jurisdiction
Any disputes related to the terms shall come under the jurisdiction of The District Court of Osaka, and shall be governed and construed under the laws of Japan.
Privacy Policy
Nash Studio Inc. (hereinafter referred to as "we," "us," and "our") is committed to safeguarding the privacy of our customers (hereinafter referred to as the "user" and "users") who use our background music app, which is called "Nash Music Channel" (hereinafter referred to as "the app"). As required by the applicable law, we strive to protect personal information under the following privacy policy (hereinafter referred to as “this policy”).
We may collect, view, and save the following data:
Data that the User Provides
(1) The user's nickname and other textual information sent from the "Music Request" form in the app.
(2) App user reviews and comments on the Apple Store or Google Play.
Anonymous Statistical Data Collected by Us
(1) Number of active users
(2) Total playtime and number of clicks/trial listens/downloads
(3) Words used by the user in music searches and their frequency
We may use the above anonymous data for the following purposes:
(1) Development and improvement of the app
(2) Development of new programs and services
(3) User experience improvement
(4) Customer support and improvement
(5) Request, acceptance, and satisfaction surveys
(6) Statistics and analyses of usage situations
(7) Incentive returns to music program producers
※We do not use the data except for the purposes mentioned above. Also, we do not contact the user for sales purposes in any way.
Scope of Application of this Policy
This privacy policy applies to users worldwide. The user is required to agree to this policy before using the app.
Third-Party Websites
The app may include hyperlinks to third-party websites. We have no control over and do not accept responsibility for the privacy policies and practices of such third parties.
Underage Customers
We will protect and manage the data of minors based on this policy. If the user is a minor, the user's parent or guardian is required to agree to this policy and the terms of use of the app.
Amendments
We may update this policy without prior notice. The user is obliged to check this page occasionally in case of updates. We may notify the user of significant changes to this policy.
We refuse to receive any personal information, including but not limited to name, address, and contact information via the "Music Request" form in the app.
Upon the receipt of personal information, we delete the data immediately. Therefore, we may not be able to meet a user’s request for information disclosure.
The following is related to the handling of the personal information of the user, which our server may temporarily store.
Personal Information
"Personal information" means any information that can directly or indirectly identify the person to whom such information pertains.
Deletion of Personal Information
We do not store a user's personal information beyond the scope specified by this policy. The user may request that we delete personal information that we have stored without just cause.
Personal Information Manager
The information manager is us. For inquiries concerning the protection of personal information, please contact us at the following address or email:
Parkside Kawai Building 5-11-1 Nishitenma Kitaku Osaka 5300047
Nash Studio Co., Inc. (Privacy Policy Department)
nmc@nash.co.jp
We are a registered corporation in Japan [registration number: 6120001068325]. The above address is the registered location of our office.
Disclosure of Users' Data
We may disclose a user's data when:
(a) A user's consent is given in advance.
(b) A request is made upon decisions, orders, or statutes of the courts, public prosecutor's office, police, or tax office.
(c) The user violates laws, regulations, or terms of use, etc.
(d) It is deemed necessary to protect the rights, property, services, etc., of a third-party or us.
(e) We sell, transfer, relocate, or consolidate an organization, merger, part of its business or assets.
Providing a User's Data to Others
To the extent necessary for the purposes specified in this privacy policy, we may disclose the user's data to the following third-party service providers:
(1) App development companies
(2) Auditing service companies
(3) Infrastructure and network supply companies
(4) IT consultants, accountants, lawyers, and other advisors/experts
(5) System maintenance/web analysis providers
(6) Insurance companies
Handling of Personal Information for External Business Partners
We oblige contractors and others to comply with the relevant laws and regulations and strive to handle personal information appropriately while taking the privacy of the user into consideration.
Users Located within the European Economic Area (EEA)
EU General Data Protection Rules
We are authorized by the user in the European Economic Area (EEA) to handle data for legal reasons stipulated in the General Data Protection Regulation (EU) and for the purposes specified in this Privacy Policy. We transfer the data to Japan and store it appropriately. The user's data will be encrypted each time it is sent and stored on a secure server that is protected in accordance with standard data protection provisions.
Right to File a Complaint
Users residing within the European Economic Area (EEA) have the right to file complaints against the supervisory authorities regarding our handling of data. In this case, we request the user to contact us in advance so that we can respond to the claims before supervisory authorities.
Right to Appeal
If the user resides within the European Economic Area (EEA), the user reserves the right to challenge the use of data that we identify under this privacy policy. Except in the event of legitimate reasons related to the performance of the contract between the user and us and proof of legal action, we will accept the user's objections.