Melody by Me Terms and Conditions of Use
Melody by Me Terms and Conditions of Use shown here (hereinafter referred to as the "Terms and Conditions") set forth the terms between LY Corporation or its affiliates (hereinafter referred to as the "Company") and users (hereinafter referred to as the "User" or "Users" depending upon context) of the feature of Melody by Me (hereinafter referred to as the "Service"), which is provided by the Company.
For clarity, these Terms and Conditions is an integral part of the LINE MELODY Terms and Conditions of Use. Should there be any conflicts and/or discrepancies between these Terms and Conditions and the LINE MELODY Terms and Conditions of Use, these Terms and Conditions of Use shall prevail.
Users can find more information of LINE MELODY Terms and Conditions of Use at here.
By agreeing to these Terms and Conditions, you acknowledge and accept that you have read, understood, Melody by Me Terms and Conditions of Use, including LINE MELODY Terms and Conditions of Use as specified hereinabove, which govern your use of LINE Melody service and Melody by Me service.
1. Definitions
The following words and terms shall have the meanings as set forth below when they are used in the Terms and Conditions.
1.1. “Melody by Me” means the available time slot as designated by the Company where the Users can record their voice or any preferred sound.
1.2. "Contents" means a digital ringtone or a ringback tone (regardless of format) recorded by the Users in the Melody by Me to be used on LINE Call (defined below) under the provision of the Service specified herein.
1.3. "LINE Account" means a user account specific to the LINE Platform (defined below) operated by the Company.
1.4. "LINE Call" refers to a free VoIP (defined below) call service operating on LINE application.
1.5. "LINE Platform" refers to any websites, LINE applications and/or any locations (regardless of format) operated by the Company.
1.6. "VoIP" means voice over internet protocol service that can be transmitted over the internet and converts incoming digital signals from the internet to standard telephone audio and video.
2. Agreement to the Terms and Conditions
2.1. All Users shall use the Service in accordance with the terms stated in the Terms and Conditions. Users may not use the Service unless they agree to the Terms and Conditions.
2.2. By agreeing to these Terms and Conditions, you also acknowledge and accept LINE MELODY Terms and Conditions of Use as specified hereinabove, which govern your use of LINE Melody service and Melody by Me service.
3. Modification of the Terms and Conditions
3.1 The Company may modify the Terms and Conditions when the Company deems it to be necessary, within the scope of the purposes of the Service. In such case, the Company will indicate the contents of the modified version of the Terms and Conditions, as well as the effective date of the modification, on the Service or on the Company’s website, or will publicize the same to Users by notifying Users in the manner prescribed by the Company.
3.2 The modified version of the Terms and Conditions shall become effective as of the effective date thereof.
4. Intellectual Property Rights
4.1 Users shall retain all intellectual property rights arising out of or related to the Contents. Users cannot transfer or assign this right to a third party.
4.2 The Company grants Users the non-transferable license to use the Service, conditioned upon the User’s continued compliance with the Terms and Conditions and any other posted terms and conditions of use. Users cannot transfer or assign this right to a third party.
4.3 Notwithstanding situations where phrases such as "Purchase", "Sale", “Gift” and the like appear in the Terms and Conditions or on the Service screens, the Company or appropriate third parties including, but not limited to, the Company’s licensors shall retain all intellectual property rights to the Service. Beyond a license to use the Service as stated in 4.2 above, Users are granted no additional rights in and to the Service.
5. Provision of the Melody by Me and Production of the Contents
5.1 Users shall use its LINE Account to purchase the Melody by Me in order to create the Contents and shall not allow the others to use its LINE Account. The Company shall not be responsible for User’s transaction executed by the others at any cases.
5.2 Users shall not sell the Contents created by Users and/or copy, modify, download, reproduce, transmit, publish any derivative works, including the Contents of other Users or third parties (as the case may be) in any manners whether in part or in whole. However, Users may create, copy, use, or modify the Users’ Contents only within the scope of usage as specified in the Terms and Conditions.
5.3 The Contents shall be functionally usable on LINE Call or other LINE Platform where the Company designates only. The Company shall have the right to adjust the platform where the Contents operates or how the User can gift the Contents to others as the Company deems appropriate without prior notice.
5.4 Users acknowledge and agree that Users shall bear all responsibilities regarding such Contents created, including but not limited to the Contents which infringe upon others’ intellectual properties, or are inappropriate, incompliant with applicable laws, public order or good morals.
5.5 Users acknowledge and agree that in the event where Users gift the Contents to others, Users’ display names and profile media may be presented on the purchase history page or the purchased melodies page of such others’ LINE accounts.
5.6 Users acknowledge and agree that the Contents created by Users in the Service may be incomplete, error, defective, unavailable, nonfunctional and the Company shall make no warranty or representation of merchantability, fitness, quality, and accuracy about the Contents.
5.7 The Company may cease, at solo discretion, providing all or part of the Melody by Me, Contents of Users, or Service without any prior notice to Users in case of the occurrence of any of the following:
(1) The Contents may infringe upon others’ intellectual properties, including but not limited to copyrights, patents, or trademarks;
(2) The Contents are inappropriate, including but not limited to containing politic, pornography, impolite or sensitive words or sound, or incompliant with applicable laws and regulations, public order, or good morals;
According to Article 5.6 (1) and (2), please find more details in Report Policy.
(3) The Users violate the Terms and Conditions.
Notwithstanding the foregoing, the Company may take any other measures as the Company deems appropriate without a prior notice to such Users.
6. Privacy Policy
6.1. The Company places its highest priority on the privacy of Users.
6.2. The Company promises to protect the privacy and personal information of the Users in accordance with LY Corporation Privacy Policy.
6.3. The Company promises to exercise the utmost care and attention regarding its security measures for the continued security of any and all Users information.
7. NO WARRANTY
THE COMPANY SHALL PROVIDE NO WARRANTY, EITHER EXPRESSLY OR IMPLIEDLY, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, THAT THERE ARE NO DEFECTS (INCLUDING, WITHOUT LIMITATION, FAULTS WITH RESPECT TO SECURITY, ETC., ERRORS OR BUGS, OR VIOLATIONS OF RIGHTS) OR AS TO THE SAFETY, RELIABILITY, ACCURACY, EFFECTIVENESS AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY WILL IN NO WAY BE RESPONSIBLE FOR PROVIDING USERS WITH THE SERVICE AFTER DELETING SUCH DEFECTS.
8. THE COMPANY’S EXEMPTION OF LIABILITY
8.1. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE INCURRED BY USERS FROM THE USE OF THE SERVICE, UNLESS SUCH DAMAGE IS ATTRIBUTABLE TO THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF THE COMPANY; PROVIDED, HOWEVER, THAT, IN THE CASE THAT THE AGREEMENT BETWEEN THE USER AND THE COMPANY WITH RESPECT TO THE USE OF THE SERVICE FALLS UNDER A CONSUMER CONTRACT AS DEFINED UNDER THE CONSUMER CONTRACT ACT (“CONSUMER CONTRACT”), THE COMPANY WILL BE LIABLE TO PROVIDE COMPENSATION FOR DAMAGE ARISING DUE TO NEGLIGENCE ON THE PART OF THE COMPANY (EXCLUDING GROSS NEGLIGENCE) ARISING FROM CONTRACT OR TORT ONLY WITHIN THE RANGE OF (A) THE DAMAGE WHICH IS NORMALLY INCURRED (I.E., EXCLUSIVE OF LOST PROFITS AND OTHER DAMAGES ARISING UNDER SPECIAL CIRCUMSTANCES), AND (B) THE AMOUNT OF USAGE FEES FOR THE SERVICE RECEIVED FROM SUCH USER FOR FEE-BASED SERVICE FOR THE MONTH IN WHICH SUCH DAMAGE HAS BEEN INCURRED, AT MAXIMUM.
8.2. IF A USER INCURS DAMAGE AS A RESULT OF GROSS NEGLIGENCE ON THE PART OF THE COMPANY, THE COMPANY WILL BE RESPONSIBLE TO PROVIDE COMPENSATION FOR THE DAMAGE INCURRED BUT ONLY WITHIN THE RANGE OF (A) THE DAMAGE WHICH IS NORMALLY INCURRED (I.E., EXCLUSIVE OF LOST PROFITS AND OTHER DAMAGES ARISING UNDER SPECIAL CIRCUMSTANCES), AND (B) THE AMOUNT OF USAGE FEES FOR THE SERVICE RECEIVED FROM SUCH USER FOR FEE-BASED SERVICE FOR THE MONTH IN WHICH SUCH DAMAGE HAS BEEN INCURRED, AT MAXIMUM; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT APPLY IF THE AGREEMENT BETWEEN SUCH USER AND THE COMPANY FALLS UNDER THE DEFINITION OF A CONSUMER CONTRACT.
9. Relationship between the Terms and Conditions and Laws and Regulations
If the terms of these Terms and Conditions violate any laws and regulations applicable to the agreement between Users and the Company with respect to the Service (including, without limitation, the Consumer Contract Act), such terms, to the extent of such violation, shall not apply to the agreement with the Users; provided, however, that the remaining terms of the Terms and Conditions shall not be affected.
10. General
10.1. No delay or failure to take actions under the Service shall constitute any waiver by the Company of any provision of the Terms and Conditions.
10.2. The Terms and Conditions will be governed and construed by the laws of Japan. Conflicts that arise from the Service or conflicts between Users and the Company related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo.
Date of Announcement: 1 March 2021
Date of 1st Amendment: 1 October 2023