1. This is a legal agreement between you and HearJapan Co, stating the terms that govern your use of the HearJapan music store located at www.hearjapan.com. You must accept and abide by the terms as presented to you, and HearJapan reserves the right to change, add, or remove portions of this agreement at anytime. It is your responsibility to check the Agreement each time before using the website, and your continued use of the website will indicate your acceptance of any changes. To agree to the terms of the Agreement, check the box in the registration window at http://www.hearjapan.com/login/register/. If you do not agree to these terms, DO NOT CHECK THE BOX AND DO NOT USE THE SERVICE.

2. Description of Service. Through the use of the HearJapan website, you are permitted to listen to Samples, and obtain Digital Downloads of sound recordings (“Songs") and related digital content ("Assets” defined below). All Songs and Assets are only for your personal, noncommercial use. You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the sites on which the Service is offered, and/or (c) to browse, stream, download, play back, burn or transfer the Tracks or Materials accessible through the Service.

3. Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

4. Objectionable Material. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, sexual graphics, or suggestive material. Nevertheless, you agree to use the Service at your sole risk and that HearJapan shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

5. System Requirements. Use of the Service requires a compatible computer, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed broadband' Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

6. Privacy Policy. HearJapan will never share your email address, name, or age with a 3rd party. The only information we give out is to artists so they can make informed decisions regarding where their fans are located for touring purposes. This information will only include your location, and does not include your name, address, or other personal information.

7. User Account and Security.

Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify HearJapan of any unauthorized use of your Account or any other breach of security. HearJapan shall not be responsible for any losses arising out of the unauthorized use of your Account.

8. Content. All music, downloaded or samples, and all software, artwork, graphics, video, text, interfaces, trademarks, logos, images, photographs, and any other element of the HearJapan website (collectively Content), including but not limited to the layout, election, organization, and coordination of such Content on the website is the property of or is licensed to HearJapan, and is protected by trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of HearJapan, and except as provided in this Agreement, no Content may be transmitted/translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, marketed, reproduced, altered to make new works, performed, or compiled in any way to any other computer, website, or other medium for any commercial purpose.

9. Content Usage Rules. Your access to and/or use of any Track(s) will be limited by the rules assigned to the song(s) by HearJapan and described in this section. You may not attempt, nor support others' attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Service or any of the Usage Rules.

10. A "Sample" is a promotional portion of a Track, which is made available to you. Samples are offered at no cost to you, and you may play as many Samples as you like. You may not attempt, or support others' attempts, to download, copy, or capture a Sample.

11. A "Download" is a Purchased Track or other Purchased Digital Material that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback, (3) burn to a CD/DVD. HearJapan shall have no liability for lost, damaged, or destroyed Downloads. Each track can be downloaded up to three times in case of lost songs. Once you have downloaded three times, you will not be allowed to download the song(s) again. You shall be authorized to use the Downloads only for noncommercial, personal use. The Downloads are strictly limited to your personal use. All songs are in mp3 format and feature no copy protection technology. YOU MAY NOT UPLOAD DOWNLOADS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED.

12. HearJapan reserves the right to remove song(s) and content from the HearJapan website. In such an event, you will no longer be able to access the applicable song(s) and content from the HearJapan website.

13. Payment for Products. You agree to pay for all Products you purchase through the Service, and that HearJapan may charge you for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND CREDIT CARD INFORMATION ACCURATE TO YOU. Any use of stolen credit card numbers, will result in immediate deletion of your account with no reimbursements. Payments are to be made in the form of credits which will expire one year from purchase. It is your responsibility to use your credits and unused credits will not be refunded. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.

14. Refund Policy. Refunds shall be upon the sole discretion of HearJapan. Purchases involving Corrupt downloads, corrupt files, or failed downloads can be refunded once verified by our system. If you wish to have a refund, please email support@hearjapan.com and write a detailed report of your reason for a refund and we will look into it promptly.

15. Taxes. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes, unless HearJapan assumes this obligation.

16. Restrictions. You may not use the Service (or any part of it, including but not limited to User Reviews) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer system; or (iv) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Service or any networks connected to or by the Service. In addition, you may not use a false email address or otherwise mislead other members as to your identity or the origin of a message or content.

17. HearJapan Rights. By posting messages, inputting data, or engaging in any other form of communication through the Service, you agree that HearJapan may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote the Service and/or to respond to any legal requirement, claim or threat. If HearJapan’s use of such content exploits any proprietary rights you may have in such material, you agree that HearJapan has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so. You represent and warrant that you own or otherwise control all applicable rights to the content, material, messages and the like that you post, upload, transmit or display; that the content, material, messages and the like are accurate; that use of the content, materials, messages and the like that you supply does not violate third-party rights and will not cause injury to any person or entity; and that you will indemnify HearJapan, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from content, messages, materials and the like that you supply. You agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility.

18. Enforcement of These Terms. HearJapan reserves the right to enlist and take measures that HearJapan believes are reasonably necessary to enforce, or appropriate to enforce, or verify compliance with any part of this Agreement (including but not limited to HearJapan right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that HearJapan has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as HearJapan believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to HearJapan’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and /or Products is unlawful and/or infringes such third party's rights).

19. No Responsibility for Third-Party Materials or Web Sites. The service may include Products, Content, and Services from third parties available via the HearJapan Service. As well, HearJapan may include links to third party websites, which are provided solely as a convenience to you. HearJapan assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that HearJapan is not responsible for evaluating or examining the content or accuracy of any such third-party material or websites.

20. Indemnity. By using this Service you agree to indemnify and hold harmless HearJapan and its agents, employees, directors, contractors, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorneys' fees and court costs) arising from or concerning your breach of this Agreement and your use of the Service, the Tracks, the Materials, and Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof.

21. General Compliance with Laws. The Service at http://www.hearjapan.com is controlled and operated by HearJapan from its offices in the Japan. You agree to comply with Japanese laws, statutes, ordinances, and regulations that apply to your use of the Service.

22. Disclaimers:
a. HearJapan does not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error-free, and you agree that from time to time HearJapan may remove the Service for indefinite periods of time, or cancel the service at any time, with or without notice to you.

b. HearJapan makes no warranty that any particular CD burner or portable device will be compatible with the Service or any Content offered on the HearJapan Service.

c. Under no circumstance shall any HearJapan entity be liable for any unauthorized use of the Service or its Content.

d. Under no circumstances shall any HearJapan entity be liable to you for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the Products, Service, or Content, even if the HearJapan entity has been advised of the possibility of such damages.

e. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the service are (except as expressly stated by HearJapan) provided "as is" and "as available" for your use, and to the maximum extent allowed by applicable law, the HearJapan entities expressly disclaim all warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.