Terms and Conditions
These terms and conditions govern the use of the video distribution service Mirail (hereinafter referred to as the "Service"), which is operated by Video Market Corporation (hereinafter referred to as the "Company"). Users of the Service are required to agree to and abide by these Terms of Use.
Article 1 Service Overview
- The Service is a service and functionality that allows users to use video content and all other information that makes up the Service, including text, images, programs, etc. (hereinafter referred to as the "Content") through devices recommended by the Company.
- Video content will be made available through direct payment billing.
- The Service is available in the countries listed below:
Japan, the United States of America, Taiwan R.O.C., Italy, Australia, United Kingdom, Canada, France, Spain and Germany
Article 2 Changes to the Terms and Conditions
The Terms and Conditions may be changed without notice to users.
Article 3 Copyright and/or applicable rights
The copyrights and other intellectual property rights, portrait rights, publicity rights, and all other rights to the Service and the Content shall belong to the Company or the third party that owns the respective rights.
Article 4 Rules of Usage
- Users may use the Service provided they authorize the Company to acquire unique identifiers.
- The use of the Service and the Content shall be limited to the personal use of the user.
- The user may install the software provided by the Company on a device owned by the user and use it only within the scope of "personal use" as stipulated in Article 30 of the Copyright Act and within the "personal scope of the user himself/herself" as stipulated in the preceding paragraph.
- Usage data will be automatically sent to the Company.
- The user is responsible for all access, data and other costs associated with your internet and mobile usage in accessing and using the Service. The Service may not be available in whole or in part depending on factors including (but not limited to) the user’s location, internet speed or bandwidth and the type of Supported Device..
- There are recommended devices for the Service, and changing devices may cause the Service to become unavailable.
- Some of the available Content and services may differ depending on the device and operating system used.
Article 5 Usage and User Registration
- Regardless of whether or not the user has registered to use the Service, the user is deemed to have agreed to these Terms of Use at the time the user begins to use the Service.
- When registering their information, the user must provide truthful information and must always keep it up-to-date and correct.
- When the user registers to use the Service, they must manage it properly on their own responsibility. The Company reserves the right to deem any and all actions of registered users on the Service to be the actions of the users themselves.
- If the Company recognizes that a user has violated or may violate these Terms and Conditions, the Company may suspend the user's use of the Service without prior notice.
Article 6 Conditions of Use of the Content
- Users shall use the Service in compliance with the following items.
- (1)Users may not use or access the Content outside of the Service.
- (2)Users may not reproduce, alter, modify or convert all or part of the Content.
- (3)Users may not remove or alter the copyright or other rights notices displayed on the Content.
- (4)Users may not sell, distribute, rent, loan, or transfer all or part of the Content to any third party.
- (5)Users may not use the Content in any way that infringes on the rights of the Company or any third party that owns the rights to the Content, or in any way that offends public order and morals. In the event that a dispute arises between the user and any third party that owns the rights to the Content, the user shall be responsible for resolving the dispute, and in the event that the Company suffers damage, the Company may claim compensation for damages from the user in question.
- (6)Users may use the Content for personal and non-commercial purposes only.
- (7)Users may not access or attempt to access any Content other than through the Service.
- The Content and its quality shall be within the range that the Company can reasonably provide at the time the user accesses the service.
Article 7 Live Streaming
- Definition of terms
- (1)Live Content purchasers: Users who have purchased live streaming content.
- (2)Live Content holder: A content holder that organizes and presents live content.
- (3)Linear transmission: A transmission in which Live Content purchasers cannot select the time to start viewing and cannot fast-forward, fast-reverse, pause, or repeat viewing.
- (4)Real-time live streaming (pay-per-view type): Linear transmission of Live Content presented by Live Content holders, that can be viewed by Live Content purchasers.
- (5)Archive live streaming (pay-per-view type): Linear transmission of footage of Content that has already been filmed, that can be viewed by Live Content purchasers, with distribution starting at a time specified by the distributor.
- (6)Catch-up streaming (pay-per-view type): VOD distribution of Live Content presented by Live Content holder that can be viewed by Live Content purchasers.
- Purchase of Live Content
- (1)In order to view Live Content, Users shall purchase such Content using the purchase and payment method determined by the Company. Once the purchase is complete, it cannot be canceled for any reason, except for reasons attributable to the Company.
- (2)External purchases of Live Content shall be made using the purchase and payment method determined by the third party seller.
- (3)Live Content purchasers will not be able to view Live Content (whether Real-time live streaming, Archive live streaming, Catch-up streaming, or any other type of live streaming) in the situations below. In such cases, the Company shall not be liable for any loss or damage, and shall not be obligated to reduce or exempt any fees.
- When Users cancel their accounts
- When Users uninstall the application without having registered an account.
- When the distribution period of the Live Streaming Content has expired.
- When the Company terminates the Service.
- When distribution is suspended for any reason by the Live Content holder.
- Important information regarding Live Content
- (1)If Users start watching linear transmission later than the specified start time, Users will not be able to watch from the beginning.
- (2)When using real-time live streaming or archive live streaming, Users shall use the viewing environment recommended by the Company after conducting the specified viewing test and confirming whether or not the viewing environment is suitable for viewing. The Company shall not be liable for any malfunctions caused by the viewing environment of the Live Content purchasers.
- (3)The scheduled live streaming may be canceled or postponed due to reasons beyond the control of the live streaming organizer. Please understand this beforehand.
- (4)In the event that the Live Content cannot be viewed due to the suspension of transmission for reasons attributable to the Live Content holder, refunds may be made to the Live Content purchaser. The method of compensation varies depending on the payment method, so Live Content purchasers who are eligible for compensation should follow the refund procedures as stipulated by the Company.
Article 9 Prohibited Matters
- Users are prohibited from transferring, lending, or permitting a third party to sublicense the right to use the Service. It is also prohibited to assign, transfer, grant as security, or sublicense the rights, status, or obligations obtained by Users under these Terms and Conditions.
- Users are prohibited from modifying the Service in whole or in part (including analyzing the program and converting it to a readable format).
- Users are prohibited from decoding the Content, from using the Service by any means other than those provided by the Company, and from disclosing to any third party the method of doing so.
- Users are prohibited from gaining unauthorized access to the Service themselves or having a third party do so.
- Users are prohibited from developing, disclosing or providing to a third party, or having a third party develop any equipment, technology or service that enables the User to use or access the Service under conditions other than those set forth in these Terms of Use.
- In addition to the above items, users are prohibited from committing acts that are offensive to the law, these Terms and Conditions, public order and morals, acts that interfere with the operation of this service, acts that are detrimental to others, the Company, or this Service (including defamation, slander, etc.) It is prohibited to engage in any act that infringes on the property of the Company, the Service, or others.
- Users shall not engage in any act that infringes the rights of a third party (including all other Users), obstructs the use of the Service by a third party, or causes inconvenience to a third party.
- In addition to the above items, users are prohibited from engaging in any conduct that the Company may deem inappropriate.
Article 10 Service changes and/or discontinuation
- The Service provided by the Company will be updated without prior notice to Users. However, the Company is not obligated to update the software.
- The Service may be suspended or discontinued without notice to Users.
- The Service may be modified without notice to users. In addition, all or part of the Service may be suspended due to system failure, maintenance, etc.
- The Company shall not be liable for any damages incurred by users as a result of the measures described in the above items.
Article 11 Notification
- The Company shall be able to notify Users of various information by push notification and other methods that the Company deems appropriate.
- Notifications shall be deemed to be delivered on the date they are issued, unless otherwise specified by the Company.
- In addition to the methods described in Paragraph 1 of this Article, a notification may be substituted by posting the contents of the notice in a place deemed appropriate, and the date of posting shall be deemed to be the date of the notice.
Article 12 Responsibility of Users
- Users shall use the Service on their own responsibility and shall be fully responsible for any and all actions they take on the Service and the results thereof.
- If the Company finds that a User is using the Service in violation of these Terms and Conditions,, the Company may take such measures as the Company deems necessary and appropriate. However, the Company shall not be obligated to prevent or correct such violation.
- In the event that the Company suffers any direct or indirect damage (including the cost of attorneys' fees, etc.) as a result of the User's use of the Service, the User shall immediately indemnify the Company for such damage in accordance with the Company's claim.
Article 13 Disclaimer
- The Company shall not be liable for any legal defect warranty or other warranty liability, including any defects, inoperability, or failure to operate the Service, and shall not be obligated to remove any such defects.
- The Company shall not be liable for any and all damages incurred by Users as a result of the Service. However, this disclaimer shall not apply in cases where the Company specifically accepts responsibility. The Company shall not be liable for any damages incurred by the User due to the Company's negligence (excluding gross negligence.)
- Our liability for damages arising from default or tort due to our company's negligence shall be limited to the amount actually paid by the User for the Service.
Article 14 Governing Law and Jurisdiction
- The laws of Japan shall apply to the interpretation of these Terms and Conditions.
- If a lawsuit becomes necessary, the Tokyo District Court shall be the exclusive court of first instance.