This "Depod Artist Terms of Use" (hereinafter referred to as the "Agreement") applies to the use of the music distribution-related services (hereinafter referred to as the "Service") provided by Depod. By using the Service, the music distribution requester (hereinafter referred to as the "Artist") shall be deemed to have accepted the contents of this Agreement, and a contract based on the contents of this Agreement shall be established between Depod and the Artist.
Prior to Article 1:
The English version is for reference purposes only. In the event of any discrepancy between the English version and the original version, the original version shall take precedence.
Article 1 (Definitions)
The meanings of the terms used in this Agreement shall be as follows:
- "Service" shall mean the music distribution service and the distribution fee distribution service to listeners (the definition of "listeners" shall be in accordance with the "Depod Listener Terms of Use") provided by Depod in accordance with the conditions of this Agreement. The Artist shall apply for the use of the Service by submitting a distribution registration through the designated form by Depod.
- "Content" shall mean the performer's (including the Artist themselves) singing, playing, oral presentation, and other performances recorded and fixed as video or audio, the related information such as song title, cover art, and artist's photograph, and other information registered or provided by the Artist for the Service.
Article 2 (Content Distribution)
- Content shall be distributed on Depod only after the Artist has registered the content for distribution through the designated form by Depod, the content has been approved by Depod's examination, and the Service usage fee specified in the following paragraph has been paid in full. Please note that the distribution of content cannot be canceled for any reason after the distribution procedure has begun.
- After receiving notification from Depod of the approval of the content examination, the Artist shall promptly pay the Service usage fee to Depod. The amount of the Service usage fee may vary depending on the timing, and the latest amount will be presented on Depod's homepage. The Service usage fee for each content shall be the one applicable at the time the Artist registered the content for distribution.
- Depod shall update the list of distributed songs every seven days (hereinafter referred to as the "distribution term"), and the Artist shall pay the Service usage fee no later than two business days prior to the start of the next distribution term from the time of the content registration. If the Artist wishes to distribute the content over multiple distribution terms, the Artist shall apply for such distribution at the time of content registration and pay the Service usage fee multiplied by the number of distribution term(s) by two business days prior to the start of the next distribution term from the time of content registration.
- If Depod confirms the payment of the service usage fee, Depod will deliver the content during the delivery term.
- If the content does not meet the delivery conditions set by each delivery service or if Depod deems it inappropriate, Depod may not approve or reject the delivery and registration of the content.
- If an artist has unavoidable circumstances where they must stop the delivery of a specific content, the artist shall send an email to Depod requesting a delivery stop and follow Depod's instructions. Even if delivery is stopped for any reason, no refund of the service usage fee can be made.
Article 3 (Handling of Content, etc.)
- The artist agrees that Depod may use the information contained in the content, including for sales promotion of the content and advertising of the service, free of charge, regardless of the end of the delivery term. However, Depod is not obligated to carry out any sales promotion measures for the content.
- The artist guarantees to Depod that they have the following with respect to the registered and provided content:
- They are the legitimate right holder of all copyrights, neighboring rights, portrait rights, and all other rights related to the content or have obtained all necessary licenses for the use of the content related to this service from the legitimate right holder.
- The use of the content related to this service does not infringe any third-party copyrights, neighboring rights, portrait rights, or any other rights.
- They have not outsourced the copyright management of the content to the Japanese Society for Rights of Authors, Composers and Publishers (JASRAC), NexTone Inc., or any other music copyright management business operator (hereinafter referred to as "music copyright management business operators").
- If a third party raises an objection or complaint or requests compensation or damages for the content, the artist shall handle it at their own responsibility and expense and shall not cause any inconvenience to Depod.
- The artist shall not register or provide content that includes the following:
- Content that infringes or may infringe on the copyrights, neighboring rights, portrait rights, or any other rights of third parties.
- Content that includes affirmative content of criminal or illegal acts.
- Content that violates public order and morals or may do so.
- Content that includes discriminatory expressions or information that is deemed harmful to minors.
- Other content that Depod deems inappropriate.