TERMS OF USE Website Use / License Agreement
These terms are subject to change without prior notice. Please note that the latest terms will be applied to your use of the service we provide.
On Website Use
Nash Music Library
- Terms of Service(Revised on July 26, 2023)
Article 1 (Terms of Service)
These Terms of Use (hereinafter referred to as the "Terms") set forth the terms and conditions of use for the "Nash Music Library" website's service (hereinafter referred to as the "Service") operated by Nash Studio Inc. (hereinafter referred to as "Nash"). A customer using the Service (hereinafter referred to as the "User") may use the Service in accordance with the Terms on the premise that the User concludes a license agreement with Nash upon the User's order of audio product/s via the Service.
Article 2 (Alteration of Terms)
Nash reserves the right to alter the content of the Terms without prior consent. In the case of alteration of the Terms, the User's use of the Service will be in accordance with the altered Terms.
Article 3 (User Registration and Registration Information)
Nash defines the following terms regarding user
registration and registration information for the Service.
(1) The User must register for the Service in advance to use the whole scope of the
Service. However, audio searches and music audio streaming sample previews do not
require such user registration.
(2) Nash shall not charge registration fees or periodic membership fees for the User's
registration for the Service.
(3) Upon the User's registration, the User shall register by themselves by providing an
email address, password, and user name on the Service's new membership registration
page.
(4) In addition to (3) above, Nash obliges the User to provide their company name (if
applicable), department name (if applicable), the User's full name, address, telephone
number, and other details on the registration information page of the Service to use the
full scope of the Service.
(5) In the event of any changes to the registration information described above in (3)
(4) (5), the User shall promptly make the necessary changes to the registration
information and keep such information up to date.
(6) Personal information provided by the User to Nash during the user registration shall
be handled appropriately under Nash's Privacy Policy, and the User agrees to have their
personal information held as such.
Article 4 (Account Settings)
A single user ID and a single password are issued to each email address. The User shall be obliged to maintain sufficient control over the User's user ID and password to prevent a third party from using the Service. The User should never transfer, lend, or disclose your ID and/or password to a third party.
Article 5 (User Group)
Nash defines the following terms regarding the Service's
user groups.
(1) A User who has concluded a license agreement with Nash for the Service may create a
group (hereinafter referred to as "User Group") to which the User can add multiple
download accounts under the license mentioned above.
(2) The account of the User in (1) above shall have the authority to register additional
download accounts as the administrator of the User Group (hereinafter referred to as the
"Main Account").
(3) The Main Account holder can set up, edit, and remove additional download accounts
(hereinafter referred to as "Sub-Accounts") after signing into the "Account Information"
page of the Service.
(4) The Main Account can add a maximum of 99 Sub-Accounts.
(5) The Main Account shall be obligated to notify the Sub-Accounts of the contents of
the license agreement mentioned above in (1).
(6) The Main Account shall be responsible for any other administrative responsibilities
of the User Group.
(7) To transfer the administrative status of the Main Account in the User Group, the
User must contact Nash.
Article 6 (My Playlists)
The User can create up to 100 playlists via the "My Playlists" section of the Service. The User shlal be obliged to manage the User's personal data in My Playlists. Please note that once the User has deleted a playlist, it can never be recovered.
Article 7 (Order)
The User can order the tracks that the User has saved in the "My Playlists" section of the Service. The User shall be obliged to agree to the terms of the Nash Music Library license agreement upon audio product purchase on the Service.
Article 8 (Copyright)
The copyrights of the logos, texts, pictures, illustrations, sample audio, and all the other content shown on the the Service either belong to Nash or to the content holders with whom Nash entered into a formal license agreement to use their content. All the copyrights are protected by copyright law. Unauthorized use of the content of the Service is prohibited by law.
Article 9 (Audio Samples)
Audio samples (preview files) posted via the Service may be downloaded only by a User who meets the requirements of Article 3 of the Terms. The audio samples may only be used by the User for trial purposes, including but not limited to previews, soundtrack selection, or temporary editing for testing. The User shall not use the audio samples in any publicly available productions.
Article 10 (Cancellation)
The User must inform Nash if the User wishes to cancel
the User's user registration with the following required
information. Nash shall delete the User's registration information accordingly upon
receipt of notice of the User's wish to do so. Please note that once the User has
canceled the User's user registration, the User's personal data in the Service shall be
deleted and can never be recovered.
(1) User Name
(2) User ID and Password
(3) Registered Email Address
The license agreement with Nash is comprehensive and lasts for the User's lifetime. The
User shall be able to continue using the audio that the User purchased through the
Service even after the User has canceled the User's user registration (except for the
annual lease contract).
Article 12 (Termination of User Registration)
If a User falls under any of the following, Nash
reserves the right to terminate the User's registration for the Service.
(1) In the event of a false statement in the information that the User provides to Nash
upon registration.
(2) In cases where the User does not correct their registration information in response
to Nash's request for correction.
(3) In the event that the User violates the Terms and Nash confirms such violation.
(4) In the event that the User violates the license agreement concluded between the User
and Nash and that Nash confirms such violation.
(5 In the event that the User has been subjected to appropriate disciplinary action by
an administrative or judicial body due to the User's illegal act/s.
(6) In cases where Nash deems the User's use of the Service inappropriate.
(7) In the event that the last date the User used the Service was before February 2016;
thus, the User has not used the Service for an extended period.
Furthermore, if any of the above cases (1) through (6) apply, Nash reserves the right to
prohibit and cancel all future use of the Service by the User, along with the
termination of the User's registration for the Service.
Article 12 (Service Alteration)
Nash reserves the right to alter all or part of the Service without prior notice. In the case of alteration of the Service, the User's use of the Service will be in accordance with the altered Service.
Article 13 (Service Discontinuation)
In any of the following cases, Nash reserves the right
to halt or discontinue the Service without prior notice in order to efficiently operate
the Service.
(1) In the event of regular and emergency maintenance of the computer system in order to
provide the Service.
(2) In the event of fire, earthquake, flood, heavy snow, blackout, natural disaster, or
any other causes beyond human control.
(3) In the event of a system malfunction, illegal access from a third party, computer
virus infection, or other malfunctions that render Nash unable to provide the
Service.
(4) In the event of Nash receiving a request from the government office and/or judicial
institution based on probable cause.
(5) In any other event that causes Nash to cease the system.
Article 14 (Disclaimer)
Nash sets forth the following disclaimers of liability
for the Service, and the User agrees that Nash shall not be held liable for any of the
following.
(1) Regardless of whether or not you are deemed negligent, Nash will not assume
responsibility for any damages in the event that you lose your user ID and password.
(2) Regardless of whether or not you are deemed negligent, Nash will not assume
responsibility for any loss or damage in the event that a third party uses your user ID
and Password.
(3) In the event of the Service's operational malfunction due to the User's environment
while using the Service and any resulting disadvantage or damage suffered by the User or
a third party.
(4) In the event of the Service being delayed or discontinued due to a communication
line or server malfunction, resulting in disadvantage or damage to the User or a third
party.
(5) In the event that the User or a third party suffers disadvantage or damage due to
the User's violation of Articles 3, 4, 8, 9, or 10 of the Terms.
(6) In the event that the User or a third party suffers any disadvantage or damage due
to any of the reasons stated in Articles 6, 12, 13, or 14 of the Terms.
(7) When all or part of the members of a User Group suffers disadvantage or damage due
to the User's failure to manage the User Group properly.
(8) Nash cannot guarantee that email messages sent from its server, domain, or the
Service do not contain any harmful elements, including computer viruses.
(9) Descriptions, such as genres and moods for music and sound effects, shown on the
Service are merely supplementary information to be referred to in the process of sound
selection. Thus, they do not guarantee the content and/or the effect it has upon the
listener. Nash will not assume responsibility for loss or damage you or third parties
suffer due to using these descriptions.
Article 15 (Court of Jurisdiction)
Any disputes related to the Terms come under the jurisdiction of The District Court of Osaka and are governed and construed in accordance with the laws of Japan.
Standard License Terms
Nash Music Library
- License Agreement(Revised on July 26, 2023)
Article 1
During the period of this agreement, on the condition that *** (hereinafter, "User") complies to all of the terms set forth in this agreement, Nash Studio Inc. (hereinafter, "Nash") grants the User the non-exclusive and comprehensive right to use the musical/audio works which were produced by Nash and compiled into the music collection "Nash Music Library" and are further specified in Article 2 of this agreement.
Article 2
After the conclusion of this agreement, on the condition
that the User pays the usage fee stipulated in Article 9 herein, Nash grants the User
the right to use the Nash Music Library’s works that are listed at the end of this
agreement and specified in the following items (1) or (2) (hereinafter, "NML Licensing
Works").
(1) Works that the User orders and downloads via the Nash Music Library’s audio download
service on Nash’s website.
(2) Works that are included in the physical storage/mediaathat Nash delivers to the User
upon the User’s orders via offline/non-digital correspondence with Nash or via Nash’s
website.
Article 3
Nash warrants to the User that the NML Licensing Works consist entirely of Nash's original works, for which Nash owns the sole and exclusive right to administer the copyrights and the sound recording rights, as well as all rights necessary to grant permission for use under this agreement. Further, Nash warrants to the User that there shall be no future objections by third parties regarding said copyrights and/or neighboring rights, and should any such objections occur, Nash shall assume full responsibility for their resolution.
Article 4
This agreement grants to the User non-exclusive rights to the use of the NML Licensing Works as described herein. No other rights, including but not limited to copyrights, neighboring rights, and master recording rights for the NML Licensing Works, shall be transferred from Nash to the User under this agreement.
Article 5
During the period of this agreement, the User shall not be obliged to report to or reimburse Nash for each individual NML Licensing Works usage. Moreover, there shall be no restrictions on the NML Licensing Works’ usage territory.
Article 6
With respect to the use of the NML Licensing Works, the following actions are strictly prohibited without prior written approval from Nash: (1) The sale, loan, gift, or distribution of the NML Licensing Works to a third party in any tangible or intangible form, or in any form whatsoever, and (2) the reproduction of and/or copying the NML Licensing Works in any form whatsoever. However, Nash shall permit the NML Licensing Works to be recorded as background music together with images onto videotape, or to be recorded as background music together with narration, or to be recorded as background music on multimedia works.
Article 7
The User shall not modify the NML Licensing Works without Nash's prior written permission. Also, the User shall obtain Nash's prior written permission for the following uses of the NML Licensing Works: (1) separate recordings of the NML Licensing Works, (2) separate performances of the NML Licensing Works, (3) adaptations such as separate musical arrangements of the NML Licensing Works, and (4) alone usage of musical composition which constitute intangible copyright works of the NML Licensing Works, such as production and publication of the music scores.
Article 8
The User shall be obliged to maintain sufficient control over all parts of the NML Licensing Works as delivered by Nash to prevent a third party from using the NML Licensing Works in an unauthorized manner during the term of this agreement.
Article 9
The User hereby agrees to pay Nash for the use of the NML Licensing Works according to the prices specified on Nash’s website upon each order.
Article 10
This agreement shall remain in effect until the expiration of all copyrights and neighboring rights relating to the NML Licensing Works, whichever should expire latest, as stipulated under Japanese Copyright Law.
Article 11
In the event that the User violates the provisions of
Article 6 and/or 7 herein, with respect to the use of the NML Licensing Works, Nash
shall have the right to immediately cancel this agreement without prior notification,
and the User shall not use all elements of the NML Licensing Works, shall immediately
return to Nash any and all CDs of the NML Licensing Works that were delivered to the
User by Nash, and destroy the NML Licensing Works in any other forms in the User’s
possession. Furthermore, the User shall not be entitled to claim a refund of any usage
fee paid to Nash.
Article 12
In the event that the User violates the provisions in Article 6 and/or 7 herein, the User shall pay Nash an amount that equals fifty (50) times the amount of the usage fee stipulated in Article 9 of this agreement as a penalty. Furthermore, Nash shall reserve the right to claim additional compensation from the User for any and all damages that occur from such violation.
Article 13
Any disputes related to this agreement shall come under
the jurisdiction of The District Court of Osaka and shall be governed and construed in
accordance with the laws of Japan.
The User shall hereby certify that the User agrees to and will observe all of the terms
of this agreement.
Agreement Date: YYYY/MM/DD
Parkside Kawai Building 5-11-1 Nishitenma Kitaku Osaka 530-0047 Japan
Nash Studio Inc.
Mika Yokoyama, President
TEL: 81-6-6315-1809
FAX: 81-6-6311-8009
Website: https://www.nash.jp/nml/?lang=en
Email:
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Listed at the end:
Reguler Series
International Version
E-Series
Sound Effects Collection
Orchestra Collection
Vocal Collection
Philharmonic Collection
World Music Collection
Healing Program
Edge Tracks
Artists’ Labo
Daisen Oto Kobo
File Supply
Other musical works which are produced for supply in accordance with this agreement.
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