AWA

TERMS OF USE

Wherein AWA (hereafter referred to as “the services”) is a content delivery service provided by AWA Co. Ltd. (hereafter referred to as “AWA”).

Section 1 General Rules

Article 1 (Terms)

  • 1. These terms apply to all services utilized by the user, including the services applications (hereafter referred to as “the applications”), the services website, contents provided in the services, and accompanying products and services.
  • 2. The user is considered as giving their consent to these terms at any of the points in time stipulated in the below items.

    • (1) When the user downloads the application, runs it for the first time, and starts using this service.
    • (2) When the user acquires the code that makes it possible to embed (hereinafter referred to as embed code) the Embed Player (defined separately in these terms) into a website, blog or SNS etc. that the user manages (hereinafter referred to as the user's website etc.)
    • (3) Further, the user is considered as giving their consent to the terms when the specified application for this service is completed using the service application method specified by a Processor prescribed by the Company in the following List of Specified Processors (hereinafter referred to as “Other Processor”).
  • 3. AWA may modify, add, revise, or delete the content of these terms without previous notice to the user. Provided, however, AWA shall notify users in advance if it is of serious disadvantage to users.
  • 4. In the event of circumstances in the previous paragraph, AWA will provide notice to users after the fact in accordance with the method established in Article 4.

Article 2 (Required Environment)

A connection to an Internet service is required for downloading the application.

Article 3 (Users)

  • 1. The term “User” in these terms refers to an individual who downloads the application, opens it for the first time, begins use of this service or an individual who acquired embed code.
  • 2. When using the services, the user selects either “Standard Plan” or “Free Plan.” In addition, AWA launches promotions for free information for established lengths of time. Users of the services during these promotional periods are users under these terms.

Article 4 (Notification to Users)

AWA will notify users of necessary information by method that the company deems to be appropriate, which may include notifications regarding websites operated by AWA and notifications regarding the application.

Article 5 (Assignment of Rights)

All rights including copyrights, trademarks, and rights of publicity relating to any of the data, documents, sounds, graphics, illustrations, information, and the application provided through the services belong to AWA or the third parties with said rights.

Section 2 Users and Paying Members

Article 6(Provide Territory)

The service is only available in Japan.

Article 7 (Use of the Services, etc.)

  • 1. Minors must obtain the consent of a parental authority to use the services.
  • 2. AWA may discontinue providing the services at any time if it has been determined or found that either of the following items applies to a user of the services.

    • (1) Compulsory discontinuation of services has occurred in the past due to a violation of these terms
    • (2) AWA otherwise deems that a user is ineligible for services

Article 8 (User Benefits)

Users are eligible to enjoy the benefits in the numbered list below. However, users of the Embed Player as defined in Section 3 shall only be allowed use of trial listening when using the Embed Player.

  • (1) Use of music streaming services in accordance with each AWA plan
  • (2) Other benefits specified separately by the Company or Other Processor

Article 9 (Information Fee)

  • 1. The services include free and fee-­based plans. Information provided in fee­-based plans is subject to the following fees (users of fee­-based plans are hereafter referred to as “paying members”)

    • Standard Plan: Monthly Information Fee: ¥960 (includes consumption tax) / Yearly Information Fee: ¥9,600 (includes consumption tax)
  • 2. Payment methods for information fees are established separately by AWA.
  • 3. Prepaid information fees are nonrefundable with the exception of when the cause is attributable to AWA, including situations when communication services become unavailable.

Article 10 (Settlement and Billing Methods)

The methods for paying members (users of Standard plan) to submit fees stipulated in the previous article are as follows:

  • (1) This service uses the automatic renewal subscription billing functions provided in the App Store, Google Play, and Stripe services or the billing functions prescribed by Other Processor (hereinafter collectively referred to as the "Billing Functions") of Apple Inc., Google Inc., Stripe, Inc., or Other Processor (hereinafter collectively referred to as the "Billing and Receipt Agents") that perform billing and receipt agent tasks. (The Stripe function is linked to AWA's official website https://awa.fm.) The information fees are billed and received by means of settlement and payment of Billing Functions provided by Billing and Receipt Agents, paying members are deemed to accept it.
  • (2) Paying members pay information fees to the appropriate Billing and Receipt Agents in accordance with conditions separately contracted between the paying member and the Billing and Receipt Agent. Use of the services may be refused in the event that the paying member fails to abide by contracted conditions with the Billing and Receipt Agent.
  • (3) When the Billing and Receipt Agent conducts payment agent services for information fees, the Billing and Receipt Agent notifies our company of the paying member’s name and nonpayment information if a paying member has not paid the information fee after the payment deadline. In such a case, AWA may directly request payment from the paying member based on the information in the notification.
  • (4) Paying members shall assume personal responsibility and resultant costs to resolve any disputes that may occur between the Billing and Receipt Agent and paying member regarding payment of information fees, and shall do so without causing any damages or disturbance to AWA. Furthermore, AWA shall not assume any responsibility for damages that may occur to paying members from such disputes.
  • (5) In the event that AWA incurs damages arising from a dispute between a paying member and the Billing and Receipt Agent, the paying member shall reimburse said damages in accordance with AWA’s request.

Article 11 (Termination, etc. of Billing)

This service uses the automatic renewal subscription billing functions provided by the Billing and Receipt Agents. As long as customers themselves do not cancel their subscription through the Billing Functions, the billing will automatically continue. By 24 hours before the end of the current subscription period, please refer to the following links to cancel. Even if a cancellation is processed, customers can continue to use the paid plan service during the already paid subscription period. In addition, even if it is canceled during a subscription period, there will be no refund of fees for that period.

For those who subscribed in the App Store

For those who subscribed in Google Play

For those who subscribed on AWA's official website

For those who subscribed on the method prescribed by Other Processor

Article 12 (Forced Termination of Service)

AWA may terminate provision of the services to any user for whom the following apply:

  • (1) Conducted actions prohibited by these terms
  • (2) Delinquent in paying information fees
  • (3) Any other action in violation of these terms
  • (4) In addition to the foregoing three items, any circumstances wherein AWA deems forced termination is appropriate

Article 13 (Prohibited Actions)

Users are prohibited from executing the following actions when using the services:

  • (1) Actions such as copying, distributing, transferring, lending, publicly transmitting or reverse engineering any data, information, text, sound, video, or illustration provided through the services (hereafter collectively referred to as “data, etc.”) that exceed the range of private use authorized by copyright.
  • (2) Actions that infringe or may possibly infringe on the property, privacy, or image rights of an artist or other third-party.
  • (3) Slander or other actions that discredit or defame or may possibly discredit or defame an artist or other third-party.
  • (4) Reselling via an Internet auction, transferring, lending or changing the name of the rights that are possessed based on their qualifications as a member to a third party or presenting the aforementioned rights to establish a right of pledge or offering them as any sort of collateral.
  • (5) Compel contact or meeting with an artist, or request contact or meeting with an artist to AWA or its group affiliate companies.
  • (6) Conducting profit-making activities or preparatory by using the services either for personal gain or for the profit of third parties (hereafter referred to as “business activities”).
  • (7) Using the services for pre-election activities, election activities, or similar activities or violations of any public election laws.
  • (8) Using the services to conduct activities associated with religious groups such as proselytizing, the establishment or activities of religious organizations, or participation in religious organizations.
  • (9) In addition to the above items, conducting any activity in violation of law or public order or activities that interfere with the operation of the services.

Section 3 Use of the Embed Player

Article 14 (Use of the Embed Player)

The company grants the user the non-exclusive rights to use the Embed Player (considered to be something that allows the embedding of the albums, tracks, and playlists from this service into the user’s website etc., and this applies throughout the document) as long as they meet the requirements stipulated in these terms. However, the user does not have the right to give the consent for the use of the Embed Player to other third parties.

Article 15 (Usage conditions)

  • 1. The user shall NOT do any of the acts that are stipulated in each of the items below when using the Embed Player.

    • (1) Using the Embed Player by a method other than the methods specified by the company
    • (2) Changing the Embed Player
    • (3) Inserting it into user’s website etc. that is an adult site that include sexual or criminal indecent content, online dating website, or something else similar this
    • (4) Inserting it into user’s website etc. that includes discrimination or expressions related to racial, religious, age, ethnic, or gender discrimination
    • (5) Inserting it into user’s website etc. that includes expressions promoting, suggesting, encouraging, or inducing suicide, self-mutilation, the use of illegal drugs or other criminal behavior
    • (6) Inserting it into a website, blog, or SNS that includes content like violent expressions or other things that could cause excessive discomfort
    • (7) Give a fraudulent identity by using the name of another person's name or calling themselves by the name of another organization like another company
    • (8) Inserting it into user’s website etc. that the company deems to include content intended for commercial purposes or such preparation
    • (9) Acts related to any of the preceding numbers
    • (10) All other acts that the company judges to be inappropriate
  • 2. In instances when the company decides that a prohibited event stipulated in each of the preceding items and Article 13 has taken place, the company shall be able to make the Embed Player used by the user invalid, and to do this, they shall demand that the user and the provider that the user is using delete the Embed Player. In such cases, the user shall not express any objections to the company's judgment.

Article 16 (Disclaimer)

The user shall be responsible for and accept the risks for the use of the Embed Player, and even if the user suffers some loss, the company will not bear any of the responsibility.

Section 4 Other

Article 17 (System Requirements)

Please refer to system requirements on the help for a list of compatible versions. (https://guide.awa.fm/hc/en-us/articles/115009248967)

*We do not provide support to devices that have OS other than the system requirements because it may not work properly.

Article 18 (Modifications in Service Content, etc.)

  • 1. AWA may modify content of the services, including content or benefits provided in the services, without prior notice to users. Provided, however, AWA will notify users in advance within a reasonable period if it is of serious disadvantage to users.
  • 2. In the event of aforementioned modifications, AWA shall notify users after the fact by the method stipulated in Article 4.

Article 19 (Interruption of Services)

AWA may interrupt or discontinue provision of all or a part of the services without prior notice to users due to system maintenance or other unforeseen operating circumstances related to the services.

Article 20 (Cessation of Services)

  • 1. AWA may cease to provide the services if it deems that there is difficulty in continuing operation of the services.
  • 2. In the event of aforementioned cessation of services, AWA will not provide refunds to users of information fees that have already been paid.

Article 21 (Advertising)

  • 1. AWA may place advertisements for AWA or third parties in this service.
  • 2. The use of advertiser content, advertisements, products, services, etc. shall be judged by the user at their own risk; AWA shall bear no responsibility for damage caused to users originating from their usage or inability to use such.
  • 3. If an advertisement as per item 1 is a reward advertisement and the operation performed by the user is to download or run an application provided by the advertiser, AWA shall bear no responsibility for damage caused by the application, including operation of the application, the malfunction of devices possessed by the user, etc.

Article 22 (Handling of Personal Information)

Matters relating to handling of information of users of the services (including information concerning users' terminal usage history of the services and/or other services, terminal identification information and user personal information) shall be in accordance with our separately stipulated “AWA Co. Ltd. Personal Information Protection Policy,” and within the scope required to accomplish the purpose of use described therein.

Article 23 (Compensation for Damages)

  • 1. The user accepts all responsibility for compensation in the event that damages to AWA or other third parties occur through the fault of the user related to the use of the services.
  • 2. In the event of receipt of claims or requests from other users or from other third parties regarding use of the services, or in the event that disputes arise, the user shall assume responsibility and expense to resolve these.

Article 24 (Immunity)

With the exception of when the cause is attributable to AWA, AWA shall bear no responsibility for damages to the user due to their own usage or inability to use the services.

Article 25 (Guarantee)

AWA does not offer any guarantee that the services, or the email or content, etc. provided in association with the services, meet the standards expected by the user, fulfill a specific purpose, are free of viruses, contain correct or true information, etc.

Article 26 (Matters for Discussion)

In the event that matters not stipulated in these terms or doubts in the interpretation of these terms should arise, the user and AWA shall resolve these in good faith through mutual discussion.

Article 27 (Governing Law, Jurisdiction)

  • 1. Use of the services and interpretation and application of these terms shall be governed by the laws of Japan.
  • 2. In the event that litigation is needed between the user and AWA regarding the services or these terms, the user agrees that the Tokyo District Court or the Tokyo Summary Court shall be the court of first instance of exclusive jurisdiction.

Article 28 (Contacting AWA)

Inquiries related to the services may be sent to the following email address:

info@support.awa.fm

Date of Last Revision: July 26, 2018

AWA Co. Ltd.

List of processors specified by the Company

1.K-Opticom Corporation