ecrett music beta Terms of Service
These Terms of Service shall apply to all use of "ecrett music" (the "Service") operated by Dmet Products Corp. (“Dmet Products”, “we”, “us”, “our”).
Article 1 (Agreement)
- You must first carefully read the various explanations regarding the Service displayed on this website and agree to these Terms of Service before using the Service.
- The Service offers two versions of paid plan for use.
- If you are a minor, you must first have a legal guardian (such as a parent) carefully read these Terms of Service and obtain his or her consent before using the Service.
- You use the Service with the understanding that this Service is the beta version prior to the release of the full version, and you acknowledge that, due to its beta status, there is a possibility of the occurrence of unexpected issues that may prevent normal usage, such as malfunctions.
- Once the full version of the Service has been released, when you use the full version, please do so after you have agreed to the contents of the separate Terms of Service concerning the full version.
Article 2 (User Accounts)
- In order for you to use the Service, please register a user account according to the procedure specified by Dmet Products. When registering your account, you must provide accurate information. Although the Service can be used without registering a user account, you will only be able to use certain features of the Service that we specify.
- You must not use the account of another person without the permission of Dmet Products. In addition, you must not allow other persons (or, if the user is a corporation, persons who do not belong to said corporation) to use your user account, nor must you transfer it, gift it, offer it as collateral or dispose of it in any other way.
- You are solely responsible for keeping your user account password confidential and secure.
- You are liable for any damage arising due to failure on your part to keep your password secure, erroneous use or use by a third party, etc., and Dmet Products assumes no responsibility whatsoever.
- If your password has been leaked to a third party, or if you suspect that your user account and password are being used by a third party, you must immediately notify Dmet Products of the fact and follow any instructions we may give you. In such case, Dmet Products will be able to suspend the user account and password as being a compromised user account and password.
- You are obligated to change your password regularly, and Dmet Products assumes no responsibility for any damage caused by your failing to fulfill this obligation.
Article 3 (Use)
- You may use the Service after you have agreed to the contents of these Terms of Service.
- In the event that your use of the Service causes damage to a third party, you shall be solely responsible for resolving all disputes and litigation ("disputes, etc.") concerning compensation for such damages.
Article 4 (Fee for Using the Service)
- The fee for use of the Service shall be in accordance with the separately determined plans (https://ecrettmusic.com/#price).
- The payment method for the fee under the preceding paragraph shall be payment by the credit cards and debit cards, etc., we specify.
- Please be aware that, when the full version of the Service is released, the fee for the full version may not necessarily be the same as that of the beta version.
Article 5 (Intellectual Property Rights, etc.)
- All intellectual property rights, such as the copyrights and trademark rights relating to the Service and the programs that constitute the Service, belong to Dmet Products. In addition, when using music created using the Service, please indicate in the credits, in the manner we specify, that it was created using the Service.
- You grant Dmet Products a worldwide, non-exclusive, free, sub-licensable and assignable license to freely utilize all intellectual property rights concerning music created using the Service (including use, reproduction, distribution, creation of derivative works, display, publication, adaptation, making transmittable and demonstration).
Article 6 (Prohibited Acts)
- When using the Service, you must not engage in any acts that fall under, or are likely to fall under, those listed in the following items.
- (1) Acts of utilization of the Services for illicit purposes
- (2) Acts that infringe the intellectual property rights, portrait rights, publicity rights or other rights of other users, Dmet Products or other third parties
- (3) Acts that damage the reputation or credibility, or infringe the privacy, of other users, Dmet Products or other third parties
- (4) Acts leading to crimes such as fraud
- (5) Acts of transmission or provision of harmful software programs such as computer viruses, or encouragement of their use
- (6) Acts of falsification, deletion, or unauthorized diversion of the information of other users, Dmet Products or other third parties
- (7) Acts in violation of laws and regulations, these Terms of Service or public order and morals, or acts that promote, or are likely to promote, such violations
- (8) Acts of using the Service to entice other users or third parties to other websites
- (9) Acts that interfere with the operation of the Service
- (10) Acts of selling music created using the Service
- (11) Other acts that Dmet Products deems inappropriate
- Dmet Products may seek compensation for damages (including reasonable attorneys' fees and costs) from you if we incur any losses due to your breach of these Terms of Service.
- If you commit any of the prohibited acts under this article, Dmet Products may suspend your user account.
Article 7 (Suspension of the Service)
Dmet Products shall be able to suspend the operation of all or part of the Service for any of the following reasons, and we assume no liability for any losses you may incur due to such suspension, except in cases where such losses are due to our willful default or gross negligence.
- (1) When carrying out maintenance or inspection of the equipment and systems required to provide the Service
- (2) When operating the Service is difficult due to fire, blackout, earthquake, natural disaster or system failure, etc.
- (3) Additionally, when it is necessary to temporarily suspend provision of the Service for operational or technical reasons, or when Dmet Products determines suspension is unavoidable
Article 8 (Scope of our Liability)
- Dmet Products makes no guarantees that you will not incur loss or damage, caused by harmful programs such as computer viruses, when using the Service.
- Dmet Products makes no guarantees whatsoever that the devices or software you use will work correctly with the Service.
- Dmet Products will not indemnify you for lost profits, indirect damage, special damage, consequential damage, attorneys’ fees and other damages not stipulated in this article, except in cases where such losses are due to our willful default or gross negligence.
- We make no guarantees that music data created using of the beta version of the Service will be able to be used with the full version, once the full version of the Service is released.
Article 9 (Changes to the Terms of Service)
- Dmet Products shall be able to change these Terms of Service without notifying you in advance or obtaining your consent.
- Whenever changes are made, you must carefully read the contents of these Terms of Service before using the Service.
- By using the Service after the changes specified in paragraph 1 have been made, you shall be deemed to have accepted such changes.
- Dmet Products assumes no responsibility for any losses you may incur arising, directly or indirectly, as a result of your not having carefully read these Terms of Service, irrespective of the details or form.
- Dmet Products assumes no responsibility for any losses you may incur due to changes to, or discontinuance of, these Terms of Service, except in cases where such losses are due to our willful default or gross negligence.
Article 10 (Termination of the Service)
- Dmet Products shall be able to terminate the Service without advance notice.
- Dmet Products assumes no liability to you or any third party for damages of any kind that you or a third party may incur arising, directly or indirectly, as a result of the termination of the Service, irrespective of the details or form.
Article 11 (Effect of Provisions)
- Even in the event that certain provisions of these Terms of Service are deemed to be invalid based on laws and regulations, the provisions other than the invalid provisions in question shall remain in effect.
- Even in the event that certain provisions of these Terms of Service are invalidated or canceled with respect to a particular user, these Terms of Service shall remain valid with respect to other users.
Article 12 (Governing Law and Jurisdiction)
- The interpretation and application of these Terms of Service shall be governed by the laws of Japan.
- All disputes, controversies, or differences of opinion between you and Dmet Products arising out of or in relation to these Terms of Service shall be settled finally by arbitration in Tokyo, in accordance with the commercial mediation rules of the Japan Commercial Arbitration Association.