LINE Melody 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 any services or features of LINE Melody (hereinafter referred to as the "Service"), which is provided by the Company.
1. Definitions
The following words and terms shall have the meanings set forth below when they are used in the Terms and Conditions.
1.1. "Contents" means a digital ringtone or a ringback tone (regardless of format) to be used on LINE Call (defined below) under the provision of the Service specified herein.
1.2. "LINE Account" means a user account specific to the LINE Platform (defined below) operated by the Company.
1.3. "LINE Call" refers to a free VoIP (defined below) call service operating on LINE application.
1.4. "LINE Credit" refers to the prepaid payment instrument or the like which Users may exchange for services and Contents which are provided for a fee within the Service.
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. Users who are minors may only use the Service by obtaining prior consent from their parents or legal guardians. Furthermore, if Users use the Service on behalf of, or for the purposes of a business enterprise, then that business enterprise shall also be deemed to have agreed to the Terms and Conditions.
2.3. If there are separate terms and conditions applicable to the Service, Users shall also comply with such separate terms and conditions as well as the Terms and Conditions in using the Service.
3. Modification of the Terms and Conditions
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.
The modified version of the Terms and Conditions shall become effective as of the effective date thereof.
4. Account
4.1. In connection with use of the Service, Users will be required to have a LINE Account. Users must pre-register a telephone number and e-mail address with their LINE Account in order to log in to the Service. Please be aware that Users, by creation or use of a LINE Account, further agrees to comply with the LY Corporation Common Terms of Use, at all times. If a User does not have LINE Account or LINE Account is unavailable, the User shall not be able to use the Service or receive any update notification in connection with the Service.
4.2. Users’ rights to use the Service and their usage history shall expire when their LINE Account has been deleted for any reason. Users cannot be reinstated even if Users have accidentally deleted their LINE Account, and the Company asks Users to be aware of this.
4.3. Each account in the Service is for exclusive use and belongs solely to the User of such account. Users may not transfer, lease, or otherwise dispose their rights to use the Service to any third party, nor may the same be inherited or succeeded to by any third party.
5. Privacy
5.1. The Company places its highest priority on the privacy of its Users’ information.
5.2. The Company holds the right to disclose the User’s registered information, transaction history, and other necessary information to payment service providers and/or payment collection agencies if the Company identifies a need to investigate possible misuse of the Service, and Users are deemed to have agreed to this aforementioned disclosure. The Company promises to exercise the utmost care and attention regarding its security measures for the continued security of any and all Users’ information.
5.3. The Company shall protect and conduct the privacy and personal information of its Users in accordance with LY Corporation Privacy Policy. Therefore, please read LY Corporation Privacy Policy carefully and thoroughly. If you do not agree with LY Corporation Privacy Policy, please do not accept the Terms and Conditions, and stop using the Service.
6. Intellectual Property Rights
6.1. The Company shall retain all intellectual property rights arising out of or related to the Service (including, but not limited to, copyright, trademark, and patent rights).
6.2. The Company grants Users the non-transferable license to use the Service and Contents, 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.
6.3. Notwithstanding situations where phrases such as "Purchase", "Sale", 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 such content. Beyond a license to use the Service as stated in 6.2 above, Users are granted no additional rights in and to such content.
7. Provision of the Service
7.1. For the Service or the Contents obtained in exchange for LINE Credit, only the LINE Account with LINE Credit added to it can access such Service or Contents.
7.2. Users shall supply the necessary PC, mobile phone device, communication device, operating system, and data connection necessary for using the Service under the User's own responsibility and at the User's own expense.
7.3. The Company reserves the right to limit access to the whole or part of the Service by Users depending upon conditions that the Company considers necessary, such as the age and identification of User, current registration status, acts and the like.
7.4. The Company reserves the right to modify, at the Company's own discretion, the whole or part of the Service as the Company determines necessary any time without any prior notice to the Users.
7.5. The Company may cease providing all or part of the Service without any prior notice to Users in case of the occurrence of any of the following:
(1) When conducting maintenance or repair of systems;
(2) When the Service cannot be provided due to force majeure such as an accident (fire, power outage, etc.), act of God, war, riot, labor dispute, etc.;
(3) When there is system failure or heavy load on the system;
(4) When securing the safety of Users or third parties, or in the case of an emergency for the public welfare; or
(5) When the Company otherwise reasonably determines it to be necessary, other than those set forth in items (1) through (4).
7.6. The Company may outsource, assign, or transfer any part of the operations of the Service to its affiliates, partners or third parties without Users’ consent or prior notice.
7.7. The Company may suspend, cease any Users to access or use of the Service at any time in the case where the Users violate the Terms and Conditions and any other posted terms and conditions of use without prior notice.
7.8. This Service is only available for LINE Account which has been registered by Thai phone number.
8. Provision of the Contents
8.1. Users must use its LINE Account to purchase the Contents and do 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.
8.2. Users shall not use, copy, sell, download, reproduce, transmit, publish, modify, create derivative works and the like in any manners whether in part or in whole of any Contents other than the purpose of use as specified in the Terms and Conditions.
8.3. 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 as the Company deems appropriate without prior notice.
8.4. The price, fee and specific terms of the Contents will be displayed on each Contents at the time you make a purchase.
8.5. Users acknowledge and agree that the Contents or other services may be offered by other business partners cooperating with the Company may be included within the Service. The business partners shall bear all responsibility regarding such Contents and/or services offered. Furthermore, such Contents and services may be governed by the explicit terms and conditions, which are set accordingly by the business partners.
8.6. Users acknowledge and agree that the Contents provided 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.
9. LINE Credit
The User shall accept and comply with the term of LINE Credit as set forth in LINE STORE Terms and Conditions of Use at https://store.line.me/terms/en
10. Restrictions
Users shall not engage in the following when using the Service.
10.1. Activities that violate the laws and regulations, court verdicts, resolutions or orders, or administrative measures that are legally binding.
10.2. Activities that may hinder public order, morals, or customs.
10.3. Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Company and/or a third party granted by the law or contract.
10.4. Activities that post or transmit excessively violent or explicit sexual expressions; expressions that amount to child pornography or child abuse; expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others.
10.5. Activities that lead to the misrepresentation of the Company and/or a third party, or intentionally spread false information.
10.6. Activities that exchange the right to use the content into cash, property, or other economic benefits without the Company’s authorization.
10.7. Activities that use the Service for sales, marketing, advertisement, soliciting or other commercial purposes (except for those approved by the Company); use the Service for the purpose of sexual conduct or obscene acts; use the Service for the purpose of meeting or engaging in sexual encounters with an unknown third party; use the Service for the purpose of harassments or libelous attacks against other Users; or otherwise use the Service for purposes other than as intended by the Service.
10.8. Activities that benefit or collaborate with anti-social group.
10.9. Activities of unauthorized or improper collection, disclosure, or provision of any other person’s personal information, registered information, user history, or the like.
10.10. Activities that interfere with the servers and/or network systems of the Service; fraudulently manipulate the Service by means of bots, cheat tools, or other technical measures; that make unreasonable inquires and/or undue claims such as repeatedly asking the same question beyond the necessity, and that interfere with the Company's operation of the Service or Users' use of the Service.
10.11. Activities of decoding the source code of the Service, such as by way of reverse engineering, disassembling or the like for unjustifiable purposes or in a wrongful manner
10.12. Activities that deliberately misuse, unlawful exploitation or fraudulent acts in any manners of the Service.
10.13. Activities that aid or encourage any activity stated in Clauses 10.1 to 10.12 above.
10.14. Other activities that are reasonably deemed by the Company to be inappropriate.
11. User’s Responsibility
11.1. Users shall use the Service at their own risk, and shall bear any and all responsibilities for actions carried out and the results from the use of the Service.
11.2. The Company may suspend the use of all or part of the Service, cancel any agreement between a User and the Company with respect to the Service (including, without limitation, any agreement based on the Terms and Conditions, hereinafter the same) or take any other measure the Company reasonably determines to be necessary and appropriate without prior notice to such User in the case that such User falls under or there is a possibility that such User falls under any of the following items:
(1) User is in breach of applicable laws and regulations, the Terms and Conditions or any separate terms and conditions;
(2) User is a member of an anti-social group or a related party thereof;
(3) User tarnishes the Company’s credibility such as by spreading false information, using fraudulent means or force, or other unlawful means;
(4) User is subject to a petition for attachment, provisional attachment, or auction, or the commencement of procedures such as bankruptcy, civil rehabilitation or similar procedures, or the Company otherwise reasonably determines that there is uncertainty with respect to User’s credibility; or
(5) The relationship of trust with User is lost or the Company otherwise reasonably determines that it would not be appropriate for the Company to provide the Service to User, due to reasons other than as set forth in items (1) to (4) above.
11.3. In the case where the Company suffers loss/damage either directly or indirectly (including, without limitation, attorney fees) due to a User’s use of the Service (including, without limitation, cases where the Company is sued for damages by a third party due to such use), the User shall immediately compensate the Company for such damages in accordance with the Company’s request.
12. NO WARRANTY
THE COMPANY SHALL PROVIDE NO WARRANTY, EITHER EXPRESSLY OR IMPLIEDLY, WITH RESPECT TO THE SERVICE (INCLUDING THE CONTENTS), 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 (INCLUDING CONTENTS) AFTER DELETING SUCH DEFECTS.
13. THE COMPANY’S EXEMPTION OF LIABILITY
13.1. 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.
13.2. 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.
14. 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.
15. Notification and Contact
15.1. When the Company notifies or contacts Users regarding the Service, the Company may use a method that the Company considers appropriate, such as posting on LINE Platform operated by the Company.
15.2. When Users notifies or contacts the Company in regard to the Service, Users shall use the customer inquiry form available on LINE Platform operated by the company or other means designated by the Company.
15.3. When the User has an enquiry or requires any supports regarding the Service and/or the Contents, please contact at https://contact-cc.line.me/preview/en/?detailId=12868
16. General
16.1. 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.
16.2. 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 Promulgation: 27 July 2019
Date of 1st Amendment: 31 March 2020
Date of 2nd Amendment: 1 October 2023