AWA

COMMUNITY GUIDELINES

What is AWA Community Guidelines?

The AWA Community Guidelines (“Guidelines”) are rules laid down by AWA Co., Ltd. (hereafter referred to as “we”, “us”, or “our”) for users of the “Chat”, “Lounge Chat”, and “Lounge Voice Chat Live Stream” functions (“AWA Community Functions”) on our music streaming service, “AWA”. The Guidelines is part of the AWA Terms of Use and if any provisions of the Terms of Use are different from those in the Guidelines, the provisions of the Guidelines shall prevail.

To enjoy better communication using AWA’s unique music service, please read the Guidelines and agree to them before using it.

If you find any content in violation of the Guidelines, please contact us here. Our staff will check and deal with it. Please note, however, that we may not be able to reply to you in such cases.

Disclaimers

  • In no event will we be liable for any (direct or indirect) disputes or damages between users or between users and third parties over copyright infringement etc. of content posted on the service. In the event that the posted content or user remarks become the cause of dispute between users or with third parties, the user shall be solely liable to resolve the dispute.
  • By agreeing to the Guidelines, the user guarantees and commits to Us that they will only post content or remarks that they own the rights and authority to and will not infringe on the rights of third parties.
  • Content and remarks posted by users will be accessible by the general public. Please note before posting content that it cannot be made void ex tunc or physically erased.

Prohibited Acts

Please do not post any content or remark that fall under the prohibited acts listed below on any “AWA Community Functions”.

In the event that any content or remark posted is applicable or may be applicable to the prohibited acts, we may delete the post (text, audio, video, photo, link, or any other content) and/or suspend the user from using the “AWA Community Functions”, as necessary.

In such cases, we shall be under no obligation to disclose the reason for the deletion or suspension.

  • Anything that violates the law, the AWA Terms of Use, the Guidelines, or public order and morality
  • Anything that violates the property, honor, trust, intellectual property, privacy, publicity, or any others rights of third parties or Us
  • Defamation, groundless accusations, falsehood, harassment, discriminatory or violent expressions, scams, obscenity, explicit sexual expressions, or similar content
  • Anything related to or implies relation to crime, criminal threats, criminal instructions, and anything that encourages or may lead to criminal activity.
  • Anything that significantly deviates from the purpose of this app and service.
  • Anything posted for commercial or advertising purposes
  • Anything containing a URL
  • Anything containing personally identifiable information (name, address, phone number, email address, etc.) or anything posted for the purpose of collecting personal information through devious means
  • Anything deemed unethical, such as disclosing trade secrets of another person or entity
  • Religious activity and recruitment
  • Anything that hinders the operation of this app and service or the usage of this app and service by users and third parties
  • Anything intended to impersonate another user or third party
  • Any other content that we deem inappropriate

Please be aware that the “Comment” and “Lounge Chat” functions are designed to automatically block anything containing defamation, discrimination, and any content that is in violation of public order and morality as well as individual privacy.

Things to Note Regarding “Lounge Voice Chat Live Streaming”

About the terms of use

Only users who are at least 13 years old or users who are under 13 years old but accompanied by a guardian who is at least 18 years old can use "LOUNGE audio live streams". Furthermore, if this company deems or discovers that a user is below 13 years old, excluding circumstances in which there is clearly a guardian who is at least 18 years old, at any point in time, it can restrict the use of "LOUNGE audio live streams".

Usage of Songs and Music

Playing copyrighted songs or music without permission while using the “Lounge Voice Chat Live Streaming” is an infringement of copyright and related rights, which is also a violation of the Guidelines. You may not stream songs or music or use them as BGM without permission.
*"Lounge Voice Live Streaming" function is available only at Lounges that we have authorized.
*When using music, please use the default play function in Lounge instead of playing it separately on “Lounge Voice Chat Live Streaming”.

As an exception, you may play music on “Lounge Voice Chat Live Streaming” if any of the conditions below apply or if you have applied for permission to use music licensed to music copyright management organizations (JASRAC or NexTone) using the method designated by us. In addition, you may play music not licensed to music copyright management organizations (JASRAC or NexTone) on “Lounge Voice Chat Live Streaming” if you have negotiated licenses as follows beforehand according to the governing laws.

  • Streaming songs or music made and owned by yourself or has been given allowance by the copyright owner (music copyright management organizations or record company) to be used on “Lounge Voice Chat Live Streaming”
  • Streaming or singing along to karaoke music after acquiring permission from the karaoke operator or store
  • Singing a capella or performing music as you sing on the stream
  • Streaming a discussion on lyrics or a parody song on the stream

Before using music licensed to music copyright management organizations (JASRAC or NexTone) on “Lounge Voice Chat Live Streaming”, please apply for permission first.

Before using music on “Lounge Voice Chat Live Streaming”, please check if it is licensed to JASRAC or NexTone on your own.
*We are unable to answer questions regarding the license owner of individual music, if they can be used in streams, and other questions regarding individual music.

JASRAC: http://www2.jasrac.or.jp/eJwid/
NexTone: https://search.nex-tone.co.jp/terms

We will not be able to accept applications for permission if the music is not licensed to JASRAC or NexTone. Please check the music copyright status yourself and acquire all necessary permissions from the copyright or license owner before using it.

*Please note that we shall not be held responsible if a dispute with the copyright owner arises because the necessary permissions to play the music on ”Lounge Voice Chat Live Streaming” have not been acquired or if a fraudulent permission was submitted.

Saving of Audio

We will save and store audio streamed using the “Lounge Voice Chat Live Streaming” for a fixed period of time for standard service operations such as copyright investigations and service improvements. The user is deemed to have agreed to allow us to save the aforementioned data once the user starts using “Lounge Voice Chat Live Streaming”.

Precautions regarding the monetization of "LOUNGE" events

About the requirements of monetization

Users can only monetize "LOUNGE" held by themselves if they meet all of the following requirements. Furthermore, if this company deems or discovers that a user does not meet any of the following requirements, at any point in time, along with the ability to stop and restrict monetization, it will not bear any obligation of payment of royalties (refer to the The Paid Item Sales Profit Sharing Agreement) that have already been incurred.

Use of Posted Content and Remarks by Us or Third Parties

We may reproduce or use any other methods to disclose to third parties or use any type of content, comments, audio, posts, and remarks made by the user in any “AWA Community Functions” without informing the user, for the purpose of providing the app and service to the user or for advertising campaigns. Users shall not exercise their portrait rights or moral rights against the Company or third parties.

Guideline Changes

We may introduce changes to the Guidelines when we deem it necessary. In such cases, the user will be subject to the revised Guidelines. When introducing changes to the Guidelines, we shall set an effective date for the change and notify the user of the changes and the effective date for the change using the method stipulated in the AWA Terms of Use.

Date of Last Revision: May 30, 2022
AWA Co. Ltd.