1. Description of Services
FREE ARTIST ACCOUNT
When you sign up for a TopMusic.jp FREE Artist Account you are provided a TopMusic.jp Artist Page in the Top Music Japan Online Music Guide at www.TopMusic.jp. For more information of our account types, please see a description by clicking here.
PRO ARTIST ACCOUNT
When you sign up for a TopMusic.jp PRO Artist Account you are provided a TopMusic.jp Artist Page in the Top Music Japan Online Music Guide at www.TopMusic.jp AND a stand-alone site free of advertising and independent of the Top Music Japan Online Music Guide. For more information of our account types, please see a description by clicking here.
Other Optional Services
Posting/Registering Your Info to Japan Indie Music Websites
Our staff posts/registers the info you have provided us including some content translated/adapted into Japanese to the Japan Indie Music Websites you have indicated in your order form. This may include the following websites:
Big Up! (Formerly Muzie)
Please view more info about our services at our website.
NOTE: We try hard to provide services to help you do business in Japan. However, we cannot predict, promise nor guarantee any results of any type or any amount of sales of your music or merchandise from the use of our services. Please read and understand the Limitations and Disclaimers below.
2. Limitations and Disclaimers
THE SITE, THE SERVICES, AND THE CONTENT THEREON ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICES.
Without limiting the foregoing:
- (a) We and the Related Parties are not responsible for any incorrect or inaccurate information in the Site Content. We and the Related Parties are not responsible for the content of, accuracy of, or statements or opinions expressed by third parties in any Site Content, including any User Content or in advertisements or solicitations. We are not responsible for the conduct, whether online or offline, of any user of the Site. Site Content is not investigated, monitored, or checked for accuracy or completeness by us. We do not make editorial decisions related to User Content. Inclusion of any Site Content, including links to other websites, does not imply approval or endorsement of the Site Content by us.
- (b) Your interactions with organizations and/or individuals found on or through the Site or Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that we and the Related Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and any third party, you understand and agree that we are under no obligation to become involved.
- (c) You understand the speculative nature of the music industry, and we make no guarantees whatsoever with respect to the marketing, promotion, acceptance, development, or popularity of you, your band, your music, or otherwise in connection with your use of the Site or Services; and we further make no guarantees whatsoever that any materials you create or distribute using our Site or Services, including your music, will achieve any results or be purchased or otherwise used by any third party.
- (d) The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Site or the Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site or blocking from the destination mail servers, including injury or damage to any person's computer related to or resulting from participating or downloading materials in connection with the Site or the Services. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Services, the Site, or any Site Content.
- (e) By using the Site and/or Services, you hereby release us and the Related Parties from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to your use of the Site and/or Services.
- (f) IN NO EVENT WILL WE AND THE RELATED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- (g) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT WILL THE AGGREGATE OF OUR AND THE RELATED PARTIES’ LIABILITY TO YOU FOR ANY CAUSE, LOSS, COST, DAMAGE, OR CLAIM WHATSOEVER, INCLUDING ATTORNEYS’ FEES AND COSTS AND EXPERT WITNESS FEES AND COSTS, AND REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES FOR THE PRECEDING THREE (3) MONTHS; AND (B) THIRTY-FIVE DOLLARS (US$35). YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK. THIS ALLOCATION OF RISK AND THE DISCLAIMER OF WARRANTIES HEREIN ARE A FUNDAMENTAL ELEMENT OF THESE TERMS AND CONDITIONS.
Free Accounts follow a fixed layout/design and your Artist Page becomes part of the www.TopMusic.jp Online Music Guide. PRO Accounts include this plus a stand-alone site with a fixed layout separate from the www.TopMusic.jp Online Music Guide without advertising. If you have a PRO Account, you are able to customize the screen wallpaper (background) with your own image. You provide the images, text information, code, and links which will form the content of your TopMusic.jp Artist Page/Site. You can manage and modify your account info and Artist Page/Site content by logging in to your account admin area.
your TopMusic.jp Artist Page/Site
may contain widgets, links and content from other companies, please check the
policies and terms/conditions of the respective providers
(i.e. ReverbNation, Twitter, Facebook, Instagram, Flickr,
4. Account Fees
FREE and PRO Artist Accounts have a setup fee. PRO Artist Accounts have an annual fee. There is also a fee for translation of your bio/profile from English to Japanese. There are also add-ons and options that incur fees. For more information of our current fees, please click here.
5. What is NOT allowed
Please do not publish, upload or submit any images, audio, code, text, links, or any content that violates any laws, or that you do not have the rights or permission, or that is considered offensive. If you do so, we have the right to edit/ delete your content and or deactivate your Account and TopMusic.jp Artist Page/Site. If such is the case, then no refund will be provided for any fees paid.
Impressions (Page Views)
may not use any means to inflate web and mobile site impressions
(page views) artificially, including manual methods.
and mobile site impressions (page views) should result from
genuine Japanese visitors. Any method that artificially
generates impressions (page views) on your TopMusic.jp Artist Page/Site is strictly
prohibited. These prohibited methods include, but are not
limited to, repeated manual clicks or impressions, automated
click and impression generating tools and the use of robots
or deceptive software.
you fail to comply with these policies, we reserve the right
to deactivate your Account and TopMusic.jp
Artist Page/Site at any time. If deactivated, you will not be
eligible for further participation in our services and a
refund will not be issued if payment was made.
6. Cancellations, Refunds and Account Deactivation
a person authorized by the band/artist may register for a TopMusic.jp Artist Account. By submitting the order form you declare that you
are authorized by the band/artist, and understand and agree
to the terms and conditions described here.
If you have submitted the account registration form and paid the fees, you may cancel the registration by emailing firstname.lastname@example.org including your registration ID#, admin name, admin email and admin password. If we have not yet activated your account or translated your information, then you may receive a refund on setup fees paid less a cancellation fee of US$25. If we have already activated your account and translated your information no refund will be made on setup fees. Annual fees paid for PRO Accounts will be refunded on a monthly prorated basis.
TopMusic.jp Artist Page/Site
are hosted on the TopMusic.jp server indefinitely or until deleted by TopMusic.jp administrators
or by a request from the account administrator.
PRO Accounts that have not paid their annual fees will be switched to a FREE Account and the stand-alone Artist Site will be deactivated/deleted.
may deactivate/delete your Account and TopMusic.jp Artist Page/Site from the server at any time if you request
us to do so by emailing email@example.com including your account ID#, admin name, admin email and admin password. If this is the case, no refund is
reserve the right to deactivate or delete your Account and TopMusic.jp Artist Page/Site from the
server at any time at the discretion of TopMusic.jp administrators
without notification or statement of reason made to you.
If this is the case, only annual fees paid for PRO Accounts will be refunded on a monthly prorated basis.
to site, server and system maintenance, as
well as other unforeseen technical and internet connectivity
issues, your Account and TopMusic.jp
Artist Page/Site may not be available for a certain period of
time. If this occurs, we will try to minimize this downtime.
Naturally, we cannot guarantee 100% uptime. No refunds or compensation is provided in this case.
We do not provide refunds for claims regarding merchantability (i.e. we cannot predict, promise nor guarantee any results of any type or any amount of sales of your music or merchandise from the use of our services). Please read 2. Limitations and Disclaimers above.
and its owners, administrators and partners are not responsible
for any loss or damage incurred by the use of any services
or products supplied by Top Music Japan and JICS MEDIA.
7. Questions or Comments
If you have questions or comments about our terms and conditions, please email us at firstname.lastname@example.org.
Last updated Jan. 12, 2017