Terms & Conditions
This term was written in Japanese. To the extent any translated version of this term conflicts with the Japanese version, the Japanese version controls.
【Terms and Conditions】
This Term of Use (hereinafter referred to as this “Term”) sets forth the items users shall be in compliance with in connection with the users’ use of the service (including the services after any alteration of the name or the contents of such services, collectively referred to as “VoiceLink”) provided by Synergy Drive, Inc. (hereinafter referred to as the “Company”) and the rights and obligations between the users and the Company. We encourage you to read the entire text of this Term before you agree with the Term.
Article 1 Application
1. The goal of this Term shall be to set forth the rights and obligations between the users and the Company in connection with the use of VoiceLink, and this Term shall apply to any and all the relationships between the users and the Company involving the use of VoiceLink.
2. The rules or administrative rules occasionally provided on the website run by the Company shall constitute a part of this Term.
Article 2 Definitions
1. “Antisocial Force” shall mean a gang, a gang member, antisocial force, other person similar to the forgoing, or a member or a person who has a transaction with such persons who belong to an association which collectively or addictively conducts violate actions or which helps such actions.
2. “Contents” shall mean a transmittal or its accumulation made by a user or other users within the Room, or a part or in whole of any information transmitted by a user or other users in the VoiceLink.
3. “Intellectual Property” shall mean the copyright, patent, utility model, trademark, design, or any other intellectual property (including the rights to obtain such rights or the rights to apply in connection with the registration thereof).
4. “Room” shall mean an imaginary room created on the website of VoiceLink when a user uses VoiceLink.
5. “Room Owner” shall mean the user who creates and maintains the Room.
6. “Transmittal” shall mean an action transmitting words, phrases, music, or any other information or data (including but not limited to the audio data and textual information) by a user using VoiceLink.
7. “Use” shall mean the use, record, copy, performance, publication, distribution, alteration, or making of derivational products.
Article 3 Registration and Security of an Account
1. User shall provide the real name and real information when registering with VoiceLink. Registration shall be done the individual user who himself/herself uses the VoiceLink, and an application by an agent of a user shall not be allowed as a default rule. User, who wants to use VoiceLink, shall provide the true, accurate and updated information when registering with VoiceLink.
2. User shall keep updated of the accurate and most recent contact information.
3. The Company may refuse the registration or connection, or disaffirm the registration, regarding an applicant of registration or a registered user in the event of any of the following items.
i. The Company decides that the user is not compliance with this Term or is likely not to be in compliance with this Term.
ii. A false, incorrect or failing statement as to a part or in whole of the items needed to be provided with the Company.
iii. Account registered on behalf of another person other than user himself/herself.
iv. Multiple accounts registered by one user without consent of the Company.
v. Use of the profile for profit, including a sale to the profile for advertisement.
vi. Sharing password, allowing another person to access the account, or any other action that threaten the security of an account.
vii. A person has already undergone the disaffirmation of the use of VoiceLink.
viii. Minor, adult ward, person under Curatorship, or person under Assistance with no consent from its statutory agent, guardian, curator, or assistant.
ix. A person aged below eighteen.
x. A convicted offender of the sex-related offenses.
xi. Alleged of the infringement of trademark by a third party regarding a user name of an account.
xii. A persona allege that Contents or the like shall be deleted due to an infringements or the like which contains false contents.
xiii. The Company decides that a user made an action which harms other users.
xiv. Other occasions the Company decides that a registration is not appropriate.
Article 4 The Contents transmitted by a User and the sharing of such Contents, Intellectual Property
1. User shall have the entire rights regarding Contents a user transmitted, and user hereby agrees in advance as follows.
i. User hereby agrees to grant license to the Company as to the Contents subject to the Intellectual Property (hereinafter referred to as “IP Contents”) out of the Contents transmitted by the user, which shall be unlimited, transferrable, copiable, able to be altered, able to be distributed to the public (including auto-public transmittals), distributable, able to be sub-licensed, for free, within a territory targeting the whole world. However, the Company do not access to the contents of IP Contents or exercise the license set forth in this provision in the event that the Room Owner allows limited access of listening to the specified users and none of the users have recorded.
ii. User in advance agrees that all Contents the user transmits can be listened to.
iii. User in advance agrees that the registered information is made available to the public, Contents shall be transmitted by using a configuration of “publication”, and any persons including outside user of VoiceLink can access and use, play and listen to and relate the Contents with the contents transmitted, the name of the use and the profile photos.
iv. User shall not exercise any moral right of an author and portrait rights even if the User has such moral right of the author and portrait rights regarding the Contents or information transmitted on VoiceLink. User shall recognize that, if User transmits its privacy on VoiceLink, other users may know the privacy.
v. The Company may, without consent of user, delete a part or in whole of the Contents or information in the event that the Company decides that the Contents or information involves certain problems.
2. User, who is the Room Owner, acknowledges that other users transmit the Contents or information within the Room.
3. In the event that a user wants to record the Contents on VoiceLink, the user in advance needs to register the registration designated by the Company for non-free use. User shall not be entitled to record the Contents without paying fees designated by the Company or without prior consents of the person who transmit and the Company.
4. User, who recorded the Contents by employing the recording function prepared on VoiceLink (only if the recording function is prepared on VoiceLink), can play such Contents and make the URL pertaining such recording available to the public.
5. In the event of an allegation by third party regarding an infringement of a right in connection with the Contents, the Company may temporarily halt the play of such Contents by user or third party, or may delete such Contents, even if the user recorded the Contents by employing the recording function on VoiceLink. The Company shall not be liable at any event where user suffers any damages in connection with the halt or the deletion of such Contents.
Article 5 Use of VoiceLink for Profit
User shall be prohibited from using the VoiceLink for profit such as advertisement, promotion or prize without prior consent of the Company.
Article 6 Securing the Safety and Prohibited Matters.
The Company shall exert utmost efforts to secure the safety of VoiceLink, but cannot warrant it. User shall be prohibited from making following actions.
i. Action damaging Intellectual Property, portrait right, privacy right, honor, or the rights or interests of the Company, other user of VoiceLink or third party.
ii. Action to discriminate, slander, or insult other person, to help unreasonable discrimination toward other person, or to damage the honor or credibility of other person.
iii. Action related to criminal offense, action against public policy or laws, or action contracting, intervening or promoting (including requesting to other person) illegal actions.
iv. Action helping to publish the information which is, or is likely to, related to criminal offenses or illegal actions, or the information discriminating or insulting or damaging the privacy of other person.
v. Action requesting a congress with a child (meaning male or female under the age of 18) of opposing sex.
vi. Action transmitting a request of the information regarding a congress with a person of opposing sex (meaning a congress with an unacquainted person, the same shall apply to hereafter.) or a request of a congress with a person of opposing sex.
vii. Action transmitting, sending, displaying or selling of image, video picture, sound, or texts regarding obscenity, nude, sexual conduct, child porn or child abuse, or displaying or sending an advertisement evoking such transmitting, sending, displaying, or selling.
viii. Action transmitting, providing or sending a content of hate, threatening, a content invoking violence, a content containing explicit or unreasonable violence, a cruel content such as murder, a content such as abusing animals, or any other content bringing disgust of other person.
ix. Action pertaining to bullying, threatening, harassment, cheat, deceit, vulgar behavior or violent words or blackmailing words, or conveying the individual is related to Antisocial Forces.
x. Action having person do illegal gamble or gambling, or soliciting participation into illegal gamble or gambling.
xi. Action causing or soliciting suicidal action or introducing the measures of suicidal action which may harm a third party.
xii. Action soliciting a person to religious organization or such an organization as involving with Antisocial Forces.
xiii. Action starting up or soliciting Ponzi scheme (pyramid scheme), or pyramid financing.
xiv. Action providing Contents for adults such as alcohol or cigarette products without designing an appropriate limitation regarding ages, or action developing or operating outside application including them.
xv. Action sending information which contains computer virus or other harmful computer program or code, or action likely to obstruct the Company’s operation of VoiceLink such as denial-of-service attack.
xvi. Action collecting the transmittal of other users, Contents or information not in the manner approved by the Company in advance, or action accessing VoiceLink by employing automatic measures (including bot collecting information or transmitting, robot, spider, and scraper) without a prior written consent of the Company.
xvii. Action falsifying the information available on VoiceLink.
xviii. Action sending a data with a capacity in excess of the capacity designated by the Company.
ixx. Action damaging or likely to damage the use or operation of facilities of others or facilities for internet connection services.
xx. Advertising activity or promotion, including a contest or a prize competition, or announcement of these activities on VoiceLink without a prior written content of the Company.
xxi. Using VoiceLink for any commercial uses such as the sale of access to VoiceLink, or the sale of advertising, sponsorships, or promotions within VoiceLink or through the use of Contents without a prior written content of the Company.
xxii. Action sending or posting inappropriate commercial message (including junk email).
xxiii. Action using VoiceLink pretending to be another person.
xxiv. Action collecting private information such as password, name, address, telephone number, emailing address of other user, or accessing an account of other person.
xxv. Action posting a link or providing or sending a link knowingly in the manner of or for the purpose of helping actions which fall within the above-mentioned provisions.
xxvi. Other actions which the Company decides to be inappropriate.
Article 7 Maintenance of ID and Password
1. User shall, at its own responsibility, maintain and keep the ID and password (including ID and password of Facebook and secret key in the event of developer), and shall not have a third party use, or lease, change the name, sell or buy, or share with another person, and shall not make any action threatening the security of an account. User shall not be entitled to transfer its account (including the Room in the event of Room Owner, and application) to other person without a prior written consent of the Company.
2. The Company shall not be liable at any event for the damages, which user shall be responsible for, regarding a failure to maintain the ID or password, mistake in using them or a use by a third party.
3. User shall promptly notify the company in the event that it turns out that ID or password has been stolen or a third party uses ID or password, and shall follow the instruction by the Company.
4. The effect of declaration of intention based on an ID and password shall be with the user, in the event that the Company identifies the user by using its ID and password. However, the same may not apply to a case that a third party pretends to being the user using its ID and password and the Company shall be mainly liable for the causes for pretending as such.
5. Even if User uses the same password as the one that the user uses in other services and the password is leaked or divulged due to negligence of the Company, the Company shall not be liable at any event for the damages regarding such other services.
Article 8 Protection of Rights of Other Persons
The Company exerts its utmost efforts to protect rights of users and third parties. User shall cooperate with the Company and abide by the items set forth below.
i. User shall not transmit any Contents which infringe rights of other people or disturb the order of Room or which is not in compliance with laws, or make any actions similar to the foregoing. Room Owner shall have the authority to maintain the order in connection with the communication within the Room, users in the Room shall follow the order and transmit the Contents under the instruction of the Room Owner.
ii. User is prohibited from creating a disturbance or slandering other person. The Room Owner of the Room may require any one in the Room who does not comply with his/her order or who otherwise disturbs the order of the Room to leave the Speaker area without any reason.
iii. The Company may delete the Contents, in the event that the sending or Contents on VoiceLink by user is not in compliance with this Term. However, in the event that the Room Owner allows limited listening to specified users and none of the users have recorded the Contents, the Company does not deal with an allegation of infringement of a right as the Company does not have any idea as to the contents of the Contents.
iv. In the event that the Company deleted certain Contents which the Company decides that such Contents infringe a right of other person, and that the user thinks that the Company’s deletion is a mistake, the Company may provide an opportunity to be objected. Specifically, we encourage the users to follow the procedures set forth in the page of “Infringement Notification”.
v. The Company may, depending on circumstances, halt the account in the event the user repeatedly infringes Intellectual Property of other person(s), or make a prohibited action set forth in items of Article 6.
vi. User shall be prohibited from using the copyright, trademark (such as VoiceLink, logo of VoiceLink) or mark looking similar to such trademark, or Intellectual Property of the Company without prior written consent of the Company.
viii. User shall be prohibited from sending financial information pertaining to other person.
Article 9 Halt or Disconnection of VoiceLink
1. The Company may permanently disconnect or contemporarily halt the use of VoiceLink, in the event of any of the following occasions.
i. The Company periodically or emergently makes inspection or maintenance of computer system related to VoiceLink.
ii. The computer or communication line does not work due to any casualty.
iii. The Company cannot operate VoiceLink due to force majeure such as fire, power outage or natural disaster.
iv. The service providers such as Amazon.com, Inc. and Facebook, Inc. stops all or any parts of provision of service necessary for VoiceLink.
v Other occasions that the Company decides that the disconnection or halt is need.
2. The Company shall not be liable for any damage a user suffers which is caused from the actions the Company takes pursuant to the foregoing provision.
Article 10 Handling of User Information
2 The Company shall be entitled to record and preserve any information, including communication record, privacy, Contents and log information, of user (“User Information”). The Company may use User Information for charging fees, calculating for paid services, responding to complaints, ensuring safety of VoiceLink and any other performance of the Company.
3 User shall recognize that other people may listen to any Contents transmitted by the User in Public Room and Private Room not protected by a password.
4 Notwithstanding the Item 2 of this Article, the Company may have an effort to keep secrecy of communication in Private Room protected by a password (“Password-protected Room”). However, User shall recognize that any Contents and communication in Password-protected Room may be disclosed or divulged due to recording by participants, hacking, computer virus or other harmful computer program or code. The Company shall not be liable for any leakage and disclosure of secrets or communications caused by recording, fault or negligence of a User or a third party, hacking attack, computer virus or other harmful computer program or code, even if such secrets or communications are transmitted in Password-protected Rooms.
5 The Company shall be entitled to monitor record and disclose User Information and communication in Password-protected Rooms under any of the following events;
(1) the Company is compelled or required to disclose User Information or communication in Rooms by law, or a compulsory order, demand or request of a court or a governmental agency;
(2) the provision of User Information or communication in Rooms is necessary for the protection of the life, body, or property of an individual;
(3) the provision of User Information or communication in Rooms is specially necessary for improving public health or promoting the sound growth of children;
(4) it is strongly doubtful that infringement of this Terms and Conditions or illegal act exists in Rooms; or
(5) the Company judges that monitoring, recording and disclosing User Information or communication in Rooms is necessary as an emergency measure.
6. The Company shall not have any duties to save, and shall have the right to delete, User Information, even if the Company saves for a certain period of time. The Company shall not be liable for any damage a user suffers which is caused from the actions of the Company pursuant to this provision.
7. Notwithstanding the foregoing provision, as a default rule, the Contents recorded by employing the recording function (only if the recording function is prepared on VoiceLink) shall not be deleted. Provided, however, that user may not play the recorded Contents or the Company may delete the recorded Contents in the event of any of the following occasions.
i. A third party alleges of an infringement of a right regarding the recorded Contents.
ii. The Company decides that the Contents infringe a right of a third party.
iii. The Company decides that the user makes an action that does fall within any of the provisions of Article 6.
iv. The user disconnects its account.
v. The Company permanently disconnect or temporarily halt a part or in whole of the use of VoiceLink pursuant to Article 9.
vi. User itself deletes the regarded Contents.
vii. A difficulty in making use of VoiceLink such as problems with a server.
8. The Company shall not be liable at any event in any of the provisions of the above-mentioned clause even if a user ends up not being able to play the recorded Contents. In the event that the recorded Contents are lost without intent or gross negligence of the Company, the Company shall make a payment of compensation for damage equivalent to the lesser of (i) actual damage or (ii) the past payment for one month by the user. User hereby acknowledges in advance that the limit of the damage shall be the lesser of (i) actual damage or (ii) the past payment for one month by the user.
Article 11 Intellectual Property of VoiceLink
The ownership and Intellectual Property regarding VoiceLink and the websites of the Company belong to the Company or the persons to whom the Company grants licenses, and the registration set forth in this Term shall not mean any grant of Intellectual Property by the Company or the persons to whom the Company grants licenses. User shall be prohibited from making any action for any reasons which is likely to infringe the Intellectual Property of the Company or the persons to whom the Company grants licenses (including but not limited to reverse-assembling, reverse-compiling and reverse-engineering).
Article 12 Payment
In case that the Company provides non-free services, User may make use of the services such as registration or recording function by covenanting that the user makes such fees as stipulated in the Payment Terms or separately designated by the Company. The amount is to be displayed at the screen of the application of the non-free service at VoiceLink. The user, who has applied for non-free service, shall make the payment of a month’s fees by the end of the next month (provided if sooner date is designated, then by the sooner date) in the manner designated by the Company. Bank transfer fee or other costs shall be borne by user.
Article 13 Disaffirmation of Registration
1. In the event that a user is not in compliance with this Term or its spirit, or that user brings up a risk or legal problem to the Company, the Company may, without any prior notification, disconnect a part or in whole of the VoiceLink to the user, or delete the account of the user.
2. User may at any time delete its account or disconnect the use of application. However, although the User Information regarding such account shall be deleted in principle, the User Information may remain for a certain period of time in the server of the Company or the like.
3. In the event that the registration is disaffirmed by the Company pursuant to the clause 1 of this Article, all the debts owed to the Company shall become immediately due and payable, and the user shall make immediate payment thereof.
4. The Company shall not be liable at any event for the damage a user suffers caused by the actions of the Company made pursuant to this Article.
Article 14 No Warranties and Indemnification
The Company exerts its utmost efforts to maintain the circumstances that the VoiceLink properly functions safely with no obstacles, but user shall, on its own responsibility, make use of VoiceLink. The Company shall not be liable for any damage a user suffers in connection with halt, disconnection, non-functioning or altering of VoiceLink by the Company, deletion or loss of Contents, loss of data or damage to machines because of a use of VoiceLink. The Company does not warrant completeness, truthfulness, accuracy or responsibility of the contents of the Contents or any other communication to be made on VoiceLink. The Company shall not be liable for any leakage and disclosure of secrets or communications caused by recording, fault or negligence of a User or a third party, hacking attack, computer virus or other harmful computer program or code, even if such secrets or communications are transmitted in the “Private” Room. In the event of a link on the website of VoiceLink to the other website or a link on other website to VoiceLink, the Company shall not be liable for information gained on websites other than VoiceLink on any grounds. The Company provides VoiceLink on “as-is” basis, and does not warrant, explicitly or impliedly, anything (including merchantability, fitness to specified purpose, and implied warranties for non-infringements). The Company shall not be liable for an action by other user or third party, Contents, or data. User hereby indemnify the Company, its directors, its officers, its employees and its agents from any allegations or damages, known or unknown, arising out of or in connection with any and all allegation to a third party. The Company shall not be liable for any lost earnings or other inductive, concrete, indirect, contingent damages toward a user even if such damage has been notified to the Company. The aggregate amount of compensation for damages by the Company arising out of this Term or VoiceLink shall be no greater than (i) JPY 3600 or (ii) the amount the user paid for the past 12 months to the Company (in the event that the Article 2 (3) of the Consumer Contract Act of Japan applies to the contract between the Company and the user, the provision of the full indemnification of the Company does not apply and the above-mentioned provision of the aggregate amount of compensation for damage shall apply.). In the event that there is no limitation or exemption from the responsibility, contingent damage or inductive damage depending on the controlling laws, and that the above-mentioned limitation or exemption does not apply, the Company shall be responsible to the extent that such controlling laws allow.
Article 15 Dispute Resolution and Compensation for Damage
1. User shall compensate the damage the Company suffers due to non-compliance with this Term or in connection with the use of VoiceLink.
2. In the event a user has a claim from other user or third party or has a dispute with such persons in connection with VoiceLink, user, at its own cost and responsibility, shall resolve the claim or dispute, and shall report the result to the Company based on the request of the Company.
3. To the extent permitted by applicable law, the user agrees to defend, indemnify and hold harmless the Company, its shareholders and related corporations, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) the user’s use of and access to VoiceLink; (ii) the user’s violation of any term of these Term of Use; (iii) the user’s violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that the user’s Content caused damage to a third party. This defense and indemnification obligation will survive this Term of Use and the user’s use of VoiceLink.
Article 16 Alteration of this Term
1. The Company may freely alter this Term (including the rules regarding VoiceLink to be displayed on the website of the Company and other rules or the like, the same shall apply to the rest of this Article) or the contents of services of VoiceLink.
2. Changes to the additional terms will be posted on the applicable VoiceLink website. The changes will be effective when published. In cases where user continues to use VoiceLink thirty (30) days after the changes, such user shall be deemed to agree that any new terms and conditions will supersede all previous terms and conditions. In the event of notification of alteration of this Term or the contents of services of VoiceLink, a use of VoiceLink of a user or failure to disaffirm the registration in a period specified by the Company after such alteration shall be deemed to be consent to such alteration.
Article 17 Notice
1. The Company’s sending to the contact information of a user or sending on VoiceLink in the manner designated in advance by the Company shall be deemed the delivery of the notice from the Company to the registered user.
2. Inquiries regarding VoiceLink or user’s correspondence, notice or notification regarding alteration of this Term or other user’s correspondence or notice to the Company shall be conducted in the manner as specified by the Company.
Article 18 Transfer
1. User may not transfer the right or obligations under this Term to other person without prior consent of the Company.
2. The Company may assign the business regarding VoiceLink to other party and transfer the status regarding use contracts, the rights or obligations under this Term or items registered by the user or other customer information to the assignee, and the users shall be deemed to have consented to such transfers in advance. Assigns in this clause shall include a business transfer, merger, buy-out, asset purchase or any other transfer of business.
Article 19 Entire Agreement, Severability
This Term shall constitute the entire agreement between the parties, and shall precede any prior agreements.
In the event of unenforceability of a part of this Term, the rest of the Term shall remain in full effect and force.
The Company’s non-performance of any provision in this Term shall not be deemed to be a waiver.
Article 20 Survival of Provisions
Even in the event of disaffirmation of the registration of the user or the user’s disconnection of the VoiceLink, Article 4 through 8, Article 10 (1) through 10 (3), Article 11, Article 12 (in the event of unpaid amount to the Company), Article 13 (3) and Article 13(4), and Article 14 through Article 22 shall survive and remain in full effect and force.
Article 21 Language
If there is any translation of this Term into non-Japanese language, Japanese language version shall be the original, and other language versions shall be mere translations, and the Japanese language version shall prevail.
Article 22 Governing Law and Jurisdiction
This Term shall be governed by the laws of Japan, any and all disputes arising out of or in connection with this Term shall be filed with Tokyo District Court of Japan in the first instance.
Please make sure that the Contents you listened to on VoiceLink infringe a right. In the event that you are not sure if the right is held by yourself or not, or you are not sure if the right is infringed or not, please consult with your lawyer. Depending on the nation, it is likely that you are faced with unwelcomed result from the legal point of view, in the event that you make a false allegation or a dishonest allegation according to this procedure. Please do not make a false allegation. The Company may not access to certain Contents such as Contents not recorded or Contents in a Room where Room Owner does not allow participation from outside members and thus cannot deal with such Contents. Thank you for your understanding.
For Infringement Notification to the Company, please send a letter, in writing, expressing the following items.
1 That you listened to audio information which is considered to infringe your right. (i.e., “I believe the following audio information infringes my copyright.
2 The nation your right applies.
3 The full URL of the playing page.
4 How your right is infringed (i.e., copy of audio, or that the entire audio information is a copy of your original product).
5 The contents, nature and the details of your rights (i.e., music copyright, or privacy right).
6 Your Contact Information (name or trade name, address, emailing address of the person in charge needed).
7 Your contact information which may be conveyed to the sender of the Contents in question to resolve the problem (emailing address needed)
8 Please describe the following phrase: I am sure that the above-mentioned audio information is being used without any grants by right holder (or third party who is granted to have the right to grant on behalf of the right holder) or grant by laws.
9 That you pledge that this letter contains truthful information, and I am the right holder or the person who have the legitimate authority to exercise.
10 Please sign the letter. You can scan the signed letter or use an electronic sign when you email the letter.
Please understand that the information contained in this notification may be transferred to the user who has provided the Contents which is alleged to infringe the right or the Room Owner of the Room where the Contents located.
Emailing address to the Company is as follows: email@example.com