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Article 13 Sales Revenues Unpaid by the Distributor The Distribution Incomes to the Member is paid on the condition that the Company has received the Sales Revenues for the applicable Creative Master. The Member shall warrant the matters listed in each item to the Company: 1 The Creative Master and the Musical Works created by the Member do not infringe the copyrights, neighboring rights, portrait rights and any other rights of others; 2 The Company can execute the CP Agreement for the Creative Master with the Distributor freely and effectively without any binding or objection from any third party; and 3 In using the Distribution Service, the Member shall have obtained all permission from duly authorized third parties concerning the Creative Master. In the case under the proviso of paragraph 2 of this Article, the neighboring rights for the Creative Master which are owned by the Company shall be returned to the Member if the Distribution Service is terminated for any reason whatsoever such as expiry of the effective period of the Distribution Service. Notwithstanding paragraphs 1 and 2, if the balance of the Income Distributions exceeds , yen, the Company shall be able to pay the full amount of the balance through the use of the Payouts, without application by the Member. However, the Member who uses the Free Plan shall not decide an expiry date for the Distribution Service. In this case, the User is subject to the changed TOS. Article 4 Scope of Application 1. The Member shall be able to receive the Income Distributions by using the payouts service provided by PayPal Pte. Terms of Service for Distribution Service Article 1 The Terms of Service 1. In the case where the Member breaches its warranties specified in the TOS or its obligations including the matters warranted by the Member under paragraph 1, if the Company, the Group Companies or the Distributor receive any claim or objection from a third party, the Member shall treat and solve the claims or objection at the responsibility and expenses of the Member. If the Member creates the Musical Works by itself or becomes a copyright owner including the case where the Member becomes a copyright owner due to transfer of copyrights or other reasons or is duly authorized by copyright owners , and contracts or entrusts the management of the Musical Works to an administrator for copyright and neighboring rights, the royalties for copyrights to be paid by the Distributor shall be the amount separately determined between the administrator and the Distributor. If the Company suffers any damage as a result of any dispute between the Member and PayPal Pte. The Member shall express no objection to the matter above. In this case, the payment shall be made on the payment date which is prescribed by the Company and is within the month following the month when the balance reaches , yen. However, if the Member entrusts the Company to obtain an International Standard Recording Code ISRC , the neighboring rights shall belong to the Member and the Company. Article 22 Stop of Distribution 1. If the Member is a minor, the parent or legal guardian of the Member shall have to review and accept the terms and conditions of the TOS in advance. Article 19 Setting of Free Viewing Periods by the Distributor The Member shall accept in advance that if the Distributor sets free viewing periods, the Distributor might not pay distribution fees during the periods to the Company under certain circumstances. The same shall apply to any amount indicated in the TOS. Consumption tax and other necessary tax shall be added separately. Article 17 Withdrawal of the Income Distributions 1. In using the Distribution Service, the Member shall observe the Distribution Guidelines, in addition to the TOS. Article 14 Ownership of Rights for the Creative Master 1. With regard to the Distributor, terms and conditions of the CP Agreement and an agreement period, the Member shall be able to select from among options designated by the Company in advance. The Distribution Service is available only for the Member who has the Registration Account including the Member who has a PayPal account. Neighboring rights for the Creative Master shall belong to the Member. Article 2 Changes in the TOS 1. The Member shall not express an objection to the matter above. Based on the provisions of the TOS, if the Member requests the Company to stop distribution or if the Distribution Service is terminated for any reason whatsoever such as expiry of the effective period of the Distribution Service, the Company shall take measures promptly for stopping distribution of the Creative Master. If the balance of the Income Distributions or the total amount of the Income Distributions for all services if the Member uses other services of BIG UP! If the Member has not performed its obligations under paragraph 1, the Company shall, at its discretion, be able to suspend, stop or discontinue the Distribution Service for any reason whatsoever. Article 20 Stop of Distribution upon Request from the Member If the Member wishes to stop distribution of an individual Title, the Member shall take procedures for stopping distribution against the Company by the methods prescribed by the Company. If a third party other than the Member owns whole or part of rights such as copyrights for the Musical Works or neighboring rights for the Creative Master except for the cases where such ownership is attributable only to entrusting to the administrators for copyright and neighboring rights , the Member shall have to take proper measures with the third party such as transfer and licensing of copyrights before the Member starts use of the Distribution Service, in order for the Company to provide the Distribution Service without trouble. If the Company was not able to transfer the Income Distributions due to incomplete account information registered by the Member, the Member shall pay re-remittance expenses required by banks. The Company shall be no liable for any damage suffered by the Member as a result of such dispute. in connection with receipt of the Income Distributions, the Member shall resolve such dispute at its responsibility and expenses, hold the Company harmless and cause no damage to the Company. The Member may not express an objection to the decision of the Company specified in paragraphs 1, 2, 3 and 4. Article 15 Warranties 1. Article 5 Plans 1. The BIG UP! The provisions of paragraphs 2, 3, 4 and 5 of this Article shall not be applied to the Member who uses the Free Plan.{/INSERTKEYS}{/PARAGRAPH} The Company shall, at its discretion, be able not to distribute the Creative Master to the Distributor and be able to suspend, stop or discontinue the distribution after distributing the Creative Master to the Distributor. In addition, the Member shall have to provide sufficient explanation for the TOS in advance to the third party for its approval. In the case under the main body of paragraph 5, the Member shall receive the Income Distributions in accordance with the terms and conditions of a contract separately executed between the Member and PayPal Pte. If the total amount of these re-remittance expenses and transfer fees fall below the balance of the Income Distributions, the Company shall not be able to pay the Income Distributions to the Member under certain circumstances. Examples of changes include, but are not limited to: ・ Addition of new functions; ・ Changes in specifications; and ・ Requests from the Distributor and any other third party related to the Service. In the case under the proviso of paragraph 3 of this Article, the Company shall transfer the right to receive the secondary use fees again to the Member or a person designated by the Member when the Distribution Service is terminated for any reason whatsoever such as expiry of the effective period of the Distribution Service. The Member shall not exercise moral rights of an author or a performer to the Company and any third party designated by the Company including, without limitation to the Distributor. The Member shall obtain the following permission at its responsibility and expenses; the permission of coverage or other matters for the use if the Member uses the Musical Works of a third party right holder for the Creative Master; and, the licensing and other permission if the Musical Works are not contracted or entrusted to an administrator for copyright and neighboring rights. If any dispute arises between the Member and PayPal Pte. Article 23 Effective Period of the Distribution Service 1. If the Member suffers damage due to any causes such as incomplete information registered by the Member at the time of registering the Creative Master, the Company assumes no responsibility whatsoever for the damage. If a third party other than the Member becomes an owner of whole or part of rights such as copyrights for the Musical Works or neighboring rights for the Creative Master after staring use of the Distribution Service except for the cases where such ownership is attributable only to entrusting to the administrators for copyright and neighboring rights , the same shall apply. In the case under the proviso of paragraph 2, the Company shall exercise the neighboring rights for the Creative Master only for the purpose of providing the Distribution Service to the Member, except for the cases specified in paragraph 6 of this Article. Article 16 Revision of the Management Fees and the Sales Fees The Company shall be able to revise the Management Fees and the Sales Fees in accordance with Article 2. The effective period of the Distribution Service is one year from the date when the Member applies for the Distribution Service per Title. If the Member fails to observe the terms and conditions of a contract with PayPal Pte. The minor User is deemed to have obtained the acceptance of the parent or legal guardian upon using the Distribution Service. Notwithstanding paragraphs 1 and 2, if the balance of the Income Distributions exceeds , yen, the Company shall be able to pay the full amount of the balance to the Registration Account without application by the Member. This shall apply only if it is possible to retransfer the right to receive the secondary use fees due to systems of RIAJ or other schemes. If the Distributor does not pay the Sales Revenues for the Creative Master to the Company at the option of the Distributor, all or part of the Distribution Incomes is not paid to the Member. The Member shall approve the matter above and shall not express an objection to the Company and third parties including the Distributor. and encouraging use of BIG UP! Article 3 Application for Use The Member shall be able to apply for use of the Distribution Service by the methods prescribed by the Company. The Company shall, at its discretion, be able to change any portion of the CP Agreement executed with the Distributor or cancel the CP Agreement. The Distribution Guidelines shall be notified to the Member by posting them on the Website or the App or by any other methods prescribed by the Company. The Member shall warrant that the Member shall never cause the Company, the Group Companies or the Distributor to take any responsibilities or bear expenses. The Member shall not be able to change from the Free Plan to the Basic Plan during the effective period of the Free Plan. Article 12 Agreements with the Distributor 1. If the Member wishes to terminate the Distribution Service for an individual Title or all Titles during the effective period of the Distribution Service described in Article 23 , the Member shall take procedures for early termination against the Company by the methods prescribed by the Company. Unless specified separately, the TOS is applied when using the Distribution Service. In this case, the Company shall not be obliged to exact or collect credits from the Distributor. If it is impossible to retransfer the right to receive the secondary use fees, the Company shall be able to reserve the return of the neighboring rights to the Member under paragraph 4 until the retransfer becomes possible. The Company may change the TOS if the change serves the common interests of the User or is not contrary to the purposes of the TOS. The Company shall be able to use the Creative Master and the Musical Works within the scope required to accomplish the purposes of use below without any payment to the Member: 1 Acts required for providing the Distribution Service such as providing data to the Distributor; and 2 All use of the Creative Master such as distribution on Internet including websites or social network services, broadcasting, cable broadcasting and reproduction in order for the Company and the Group Companies to accomplish the purpose of advertising and promoting BIG UP! However, if the Company has taken these measures, the distribution of the Creative Master shall not be stopped immediately under certain circumstances. The Member is deemed to have accepted the Distribution Guidelines upon applying for the Distribution Service. Article 11 Details of the Distribution Service The Member shall receive the services listed in each item below as the Distribution Service. The Member shall have to review the Distribution Guidelines before applying for the Distribution Service. Article 10 Musical Works 1. The Distribution Service is composed of the Basic Plan and the Free Plan. {PARAGRAPH}{INSERTKEYS}BIG UP! Article 18 Terms and Conditions for Use of the Distribution Service 1. However, the Company shall, at its discretion, be able to take measures for solving disputes by itself. The Member is deemed to have accepted the TOS upon applying for use of the Distribution Service. However, if the secondary use fees distributed by the Recording Industry Association of Japan RIAJ might be distributed to the Company based on ISRC, the Member is deemed to have transferred the right to receive the secondary use fees freely. If the Member creates the Musical Works by itself or becomes a copyright owner including the case where the Member becomes a copyright owner due to transfer of copyrights or other reasons or is duly authorized by copyright owners but does not contract or entrust the management of the Musical Works to an administrator for copyright and neighboring rights, the Sales Revenues paid by the Company shall include royalties for copyrights. The Company shall, at its discretion, be able to decide the Distributor which is the counterparty for the CP Agreement, terms and conditions of the CP Agreement and an agreement period. Article 21 Early Termination 1. Copyrights for the Musical Works shall belong to the Member or a duly authorized third party such as an administrator for copyright and neighboring rights. If the Member applies for the Distribution Service newly including the case where the Member reapplies for the Distribution Service after expiry of the effective period of the Distribution Service , the Member shall select either the Basic Plan or the Free Plan. The Company shall be able to provide these services through the Group Companies. If the Member uses the Payouts, the Company shall deduct the administrative fees separately specified by the Company from the Income Distributions and then pay the deducted Income Distributions. The Distribution Service is the service which requires the membership registration, the Artist Registration and the Song Registration. The same shall apply if the Member applies for continued use of the Distribution Service before expiry of the effective period of the Distribution Service. In the case under the proviso of paragraph 1, if both the Distributor continues the distribution of the Creative Master and the Company has received the Sales Revenues, the Company shall pay the Income Distributions to the Member in accordance with the TOS. In the case under paragraph 1, the Management Fees concerning the terminated Title will not be refunded. The Member shall approve the matter above in advance and shall not express an objection to the Company and third parties including the Distributor. In this case, the Company shall be able to charge all damage and expenses incurred by the Company including, without limitation to expenses required for solving disputes such as attorney fees to the Member.