Nash Studio Inc. (hereinafter referred to as "we," "us," and "our") herein sets forth the terms and conditions (hereinafter referred to as "the terms") on the use of our background music player app called "Nash Music Channel" (hereinafter referred to as "the app") by our customers, including but not limited to store/shop/restaurant owners, event organizers, and internet live streaming broadcasters (hereinafter referred to as "the user").
Modification of the Terms
We reserve the right to alter the content of the terms without prior consent. The most current terms are applicable to the user of the app.
Modification of the App
We reserve the right to change or cancel the whole or any part of the app by our sole judgment, without notifying the user in advance.
We permit the user to publicly play the music on the app, anywhere in the world, as long as the user purchases a paid subscription service for the app. The scope of permission shall include the following :
Background Music Use For :
(1) Commercial facilities, including but not limited to shops, offices, restaurants, and other facilities.
(2) Event venues, including but not limited to weddings, corporate exhibitions, and sports competitions.
(3) Internet live streaming and its archival content in audio or audiovisual forms.
We guarantee that the music provided in the app consists entirely of our original work and that we retain all of the rights pertaining to its use, including copyrights and neighboring rights. Our permission to the user described in the preceding article ("License") does not transfer any music rights to the user.
We reserve the right to change or delete the whole or any part of the music programs provided in the app without providing prior notice to the user.
We do not store the data that the user saves in the app. In the event that the user deletes the app, all of the data that the user held until then will be removed and cannot be restored. Thus, the user accepts that we do not guarantee the transfer of stored data upon updates of the app or device updates and upgrades.
The app's paid subscription will automatically update a month from the date and time of payment or subscription upgrade/downgrade. By subscribing, the user agrees that the subscription will be automatically updated for another month unless the user unsubscribes 24 hours before the update time.
(1) The music content provided in the app cannot be resold, redistributed, or reproduced without our permission.
(2) The user is not permitted to lend or hand a paid subscription of the app over to a third party.
The copyright of any content, such as logos, text, images, illustrations, and videos found in the app belongs to us or the third-party licensors with whom we hold a license agreement on the use of said content. The user is prohibited by law from using without permission any of this content, which is protected by law.
(1) We do not assume responsibility for any loss, injury, or inconvenience caused to the user or any third party resulting from:
(a) Technology-related issues of Apple Inc. or Google, including but not limited to communication errors, computer system failure, or termination of service.
(b) Problems of Apple Inc. or Google, including but not limited to leakage and utilization of personal information.
(c) The user's violation of the terms.
(d) Cancellation, malfunction, or termination of the app or our service.
(2) We provide the app to the user on an "as is" basis at the time of download and do not guarantee that the app with its all functions operates properly under any conditions or circumstances.
(3) In the event that the disclaimer does not apply due to intentional or gross negligence on our part, we will be liable for damages up to the amount of the fee that we charged from the user for the month in which the said damages occurred.
(4) Textual information, such as details regarding music genres, moods, and scenes, found in the music program titles, introductions, and search-tags are provided merely for the user's reference to facilitate the music search and selection process.
(a) We do not guarantee any practical effect upon the user or third-party listeners.
(b) We do not promote any discrimination based on, and including but not limited to, race, creed, appearance, occupation, gender, culture, health, or age.
(c) We have no intent regarding political or religious activities.
(5) The user bears all communication fees related to the use of the app and we do not accept any responsibility for data charges.
Court of Jurisdiction
Any disputes related to the terms shall come under the jurisdiction of The District Court of Osaka, and shall be governed and construed under the laws of Japan.
Nash Studio Inc. (hereinafter referred to as "we," "us," and "our") is committed to safeguarding the privacy of persons (hereinafter referred to as “you,” “your,” "customer," and "customers") who use our service: Nash Music Channel. In addition to complying with laws and regulations regarding the protection of personal information, we will strive to protect personal information appropriately in accordance with the following policy.
1 Scope of Application of this Policy
"Personal information" refers to information that can directly or indirectly identify an individual customer, such as name, address, telephone number, and e-mail address. We do not collect or use any personal information, such as customer name, address, contact information, etc., in connection with the provision of the Services. If we confirm receipt of personal information, we will delete such information as soon as possible.
3 Security Information
In order to properly manage customer data and prevent unauthorized access, leakage, falsification, loss, damage, etc., we will implement safety measures in accordance with the current technical standards and take corrective action as necessary. We have implemented Internet security protection measures by SSL (encrypted communication) of the Amazon Web Services (AWS) for online personal information and all personal information entered on our website for user registration (licensing), requests for information materials, inquiries, and orders. You can view the content of the certificate by clicking on the padlock icon in the address bar on our website.
4 Customer Data that We Obtain
In connection with the provision of the Services, we may acquire the following customer data.
(1) Data You Provide to Us
・Nicknames and other text submitted by customers through the "request form" of the Nash Music Channel app.
・Your review entries about the Nash Music Channel app in the Apple Store or Google Play.
・Text posted by customers on YouTube, Vimeo, and niconico Channel videos.
・Text you submit through the contact form on the official Nash Music Channel website. (https://nashmusic.jp/contact / https://nashmusic.jp/solution)
(2) Usage Data
· IP address
· Geographic location
· Selected language
・OS type and version
・Browser type and version
・Referral source (browsing history of third-party websites, advertisements, and other pages viewed prior to accessing our site)
・ Access timing
・ Access frequency
・ Access pattern
(3) Information obtained when purchasing a license for the Nash Music Channel app
・UDID of the device
・Language setting of the device
・Name of the device
・OS type and version of the device
5 Purpose of Customer Usage
We may use your customer data obtained as part of the execution of a contract or pursuant to your consent for the following purposes.
(1) Development and improvement of the service
(2) Development of new programs and services
(3) User experience improvement
(4) Customer support and improvement
(5) Receiving requests and satisfaction surveys
(6) Statistics and analyses of usage situations
(7) Incentive returns to music program producers
(1) Use of Analytical Cookies
(2) Customer Consent
(3) Disabling Cookies
You may disable cookies by selecting an analytics opt-out setting. You can also set your browser to notify you when you receive a cookie to refuse or accept it. Please refer to your browser's help page for instructions on configuring these settings, which vary depending on your browser.
Please note that if you disable or refuse to accept cookies, our website and other websites may not function properly.
7 Requests for Disclosure, Correction, Addition, Deletion, etc., of Personal Data
If you wish to request disclosure, correction, addition, deletion, etc., of your personal data held by us, please contact us yourself via the inquiry form on our website. After confirming that the request was made by the actual customer, we will respond as follows.
(1) Disclosure of Personal Data
We will disclose the data if there is a risk of harm to the life, body, property, other rights or interests of the customer or a third party, or a risk of a significant hindrance to the proper conduct of our business as long as it would not violate other laws or regulations.
(2) Correction, Addition, or Deletion of Personal Data
We will correct, add, or delete your personal data if we find the relevant data untrue.
(3) Suspension of Use, Deletion, or Cessation of Provision to Third Parties of Personal Data
In case we no longer need to use the relevant personal data, or in the event of leakage, loss, or damage of the said data, or in other cases where the handling of the data may harm the customer's rights or legitimate interests, the customer may request that we cease using and/or providing it to a third party.
8 Retention Period of Personal Data
We will store your personal data obtained in connection with the provision of the Services permanently.
9 Provision of Personal Data to Third Parties
(1) Provision to Third Parties
We may provide your personal data to third parties outside of our company in the following cases.
(a) A user's consent is given in advance.
・In the event of a request for disclosure based on a decision, order, or law of a court, public prosecutor's office, police department, tax office, or any other agency or organization with equivalent authority.
・If there is a risk of harm to the life, body, property, or other rights or interests of the customer or a third party.
・When disclosing information to our external business partners who are obligated to maintain confidentiality due to the necessity of our business.
・When we reorganize, merge, sell, assign, transfer, or integrate any part of our business or assets.
(2) Disclosure to our External Business Partners
To the extent necessary for the provision of the service, we may disclose your information to the following external business partners who support the operation of our business. We oblige contractors and others via contracts and other means to comply with the relevant laws and regulations and strive to handle personal information appropriately while taking the privacy of the user into consideration.
・Application development companies
・Audit service companies
・Infrastructure and network providers
・IT consultants, accountants, lawyers, and other advisors and professionals
・Casualty insurance companies
10 Customers Located within the European Economic Area (EEA)
(1) EU General Data Protection Regulation
(2) Data Portability Rights
If you are located in the European Economic Area (EEA), you have the right to receive and transfer your personal data in a structured, commonly used, machine-readable format to another entity.
(3) Right to Withdraw Consent
(4) Right to File an Objection
If you are located within the European Economic Area (EEA), you have the right to object to our use of your personal data, including automated decision-making. We will cease to use such personal data unless it is necessary to execute a contract between the customer and us or fulfill a legal obligation unless we have a legitimate interest in doing so.
(5) Right to File a Complaint
Customers located in the European Economic Area (EEA) have the right to file a complaint with a supervisory authority about our treatment of their personal data. We ask that you contact us in advance so that we can address your complaint before you file it with the supervisory authority.
(1) Third-Party Websites
When you click on a third-party link in the Nash Music Channel app to access another site, a cookie may be sent to your computer from the linked webserver to obtain customer data. We are not responsible for using these cookies, which comply with the policies of the third-party linked websites. We also cannot be held responsible for collecting your personal information or other practices of third-party websites. Please check the policy of each linked website.
(2) Underage Customers
We may update this policy without prior notice. The user is obliged to check this page occasionally in case of updates. We may notify the user of significant changes to this policy on the Nash Music Channel official website (https://nashmusic.jp/) and the "news" section on the Nash Music Channel app.
13 Indication of Business Operators Handling Personal Information
(1) Business operators handling personal information and their representative:
Parkside Kawai Building 5-11-1 Nishitenma Kitaku Osaka 5300047
Nash Studio Co., Inc.
Mika Yokoyama (President)
We are a registered corporation in Japan [registration number: 6120001068325].
For inquiries regarding our handling of customer data, please contact us via the following:
Parkside Kawai Building 5-11-1 Nishitenma Kitaku Osaka 5300047