BIG UP! Terms of Use
Article 1 (The Terms of Use)
- The BIG UP! terms of use (the “TOU”) shall provide the matters applied to the User (defined in item 1 of
Article 3), the Member (defined in item 1 of Article 3) and the Applicant (defined in item 6 of Article 3) with
regard to the “BIG UP!” (the “Service”) which is the service provided by Avex Music Creative Inc. (the
“Company”).
- The User is deemed to have accepted the TOU upon using the Service.
- If the User is a minor, the parent or legal guardian of the User shall have to review and accept the
terms and conditions of the TOU in advance. The minor User is deemed to have obtained the acceptance of the
parent or legal guardian upon using the Service.
- Unless specified separately, the TOU is applied to the use of all the Service and any services related
to the Service.
- Any terms of service, guidelines and other rules separately specified by the Company (the “Terms of
Service”) in connection to the Service and any services related to the Service constitute part of the TOU. If
any text in the TOU is different from description in the Terms of Service, the description in the Terms of
Service prevails unless otherwise specified.
Article 2 (Changes in the TOU)
- The Company may change the TOU if the change serves the common interests of the User or is not contrary to
the purposes of the TOU. In this case, the User is subject to the changed TOU. 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.
- If the Company makes any change under paragraph 1, the Company decides when the change will become
effective and informs the User of the change in the TOU and the content and effective period of the changed TOU
on the Company’s websites and through any other methods determined by the Company.
Article 3 (Definition of Terms)
The definitions of the terms used in the TOU shall be as follow:
- The “User” means the person who uses the Service and includes the Member (defined in item 2) and the
Applicant (defined in item 6).
- The “Member” means the person who applies for the use of the Service in accordance with Article 5 and
receives approval for the application by the Company.
- The “Personal Member” means the Member who registered as an individual.
- The “Corporate Member” means the Member who registered as a corporation.
- The “Foreign Member” means the Member who connects to the Internet with an IP address outside Japan
and uses the Service, among the Members registered as an individual or a corporation.
- The “Applicant” means the person who applies for membership registration to the Company.
- The “Artist Member” means the person who registered with the Company as an artist in using the Service
(“Artist Registration”).
- The “Distributor” means the business operator which executes the CP Agreement (defined in item 22)
with the Company (including the Group Companies [defined in item 21]) and conducts automatic public transmission
for the Creative Master.
- The “Registration Information” means the information on the Member which the Member registers with the
Company in order to use the Service.
- The “Personal Information” means the Registration Information, or the information on the User and the
Applicant which the Company may come to know in relation to provision of the Service and can identify the
specific individual by name, date of birth or other description contained in such information (including such
information as will allow easy reference to other information and will thereby enable the identification of the
specific individual).
- The “ID” means the ID and password which are owned by the Member in relation to the Service.
- The “Creative Master” means the music master which is created by the Member itself or is duly
authorized for licensing by the Member itself.
- The “Title” means one distributional unit which is used when the Company executes the CP Agreement
with the Distributor and is defined in items 14 and 15 of this paragraph. Distributors might specify different
distributional units.
- The “Single” means the Title which is the Creative Master with one song.
- The “Album” means the Title which is the Creative Master with not less than two but not more than 22
songs.
- The “Sales Revenues” mean as follows:
- 1) [For distribution service (to be determined separately)]
In the Subscription (defined in item 20), the Sales Revenues mean the amount which is actually paid to the
Company as the consideration for distributional licensing or consignment sales of the Creative Master. The
amount is calculated by deducting distributional fees from the amount which is paid from the Distributor to the
subcontractors for part of the Company’s operations.
The Sales Revenues mean a retail sales price for the A La Carte (defined in item 19) (except for part of
the A La Carte sales outside Japan)
- 2) [For song provision service (to be determined separately)]
The Sales Revenues mean the amount which is actually paid from the Distributor to the Company as the
consideration for distributional licensing or consignment sales of the Creative Master.
- 3) [For consignment sales service (to be determined separately)]
he Sales Revenues mean the amount which is actually paid to the Company as the consideration for selling
or consigning sales of the products (to be determined separately) (including, without limitation to retail sales
prices).
* The Foreign Member is not available for the consignment sales service.
- The “Income Distributions” mean as follows:
- 1) [For the Personal Member (excluding the Foreign Member)]
- (a) If the Registration Account (defined in item 18) is a personal account
The Income Distributions mean the amount after deducting the fees which are determined separately in the
TOU and the Terms of Service and paid from the Member to the Company and the amount of withholding tax from the
Sales Revenues. However, for the consignment sales service, the Income Distributions mean the amount after
deducting the price at which the Company is deemed to have purchased from the Member.
- (b) If the Registration Account (defined in item 18) is a corporate account
The Income Distributions mean the amount after deducting the fees which are determined separately in the
TOU and the Terms of Service and paid from the Member to the Company from the Sales Revenues. However, for the
consignment sales service, the Income Distributions mean the amount after deducting the price at which the
Company is deemed to have purchased from the Member.
- 2) [For the Corporate Member (excluding the Foreign Member)]
- (a) If the Registration Account (defined in item 18) is a personal account
The Income Distributions mean the amount after deducting the fees which are determined separately in the
TOU and the Terms of Service and paid from the Member to the Company and the amount of withholding tax from the
Sales Revenues. However, for the consignment sales service, the Income Distributions mean the amount after
- (b) If the Registration Account (defined in item 18) is a corporate account
The Income Distributions mean the amount after deducting the fees which are determined separately in the
TOU and the Terms of Service and paid from the Member to the Company from the Sales Revenues. However, for the
consignment sales service, the Income Distributions mean the price at which the Company is deemed to have
purchased from the Member.
- 3) [For the Foreign Member]
The Income Distributions mean the amount after deducting the fees which are determined separately in the
TOU and the Terms of Service and paid from the Member to the Company and the amount of withholding tax from the
Sales Revenues, regardless of whether or not the Registration Account (defined in item 18) is a personal or
corporation account.
- The “Registration Account” means the bank account which is registered by the Member for receiving the
Income Distributions from the Company. However, the Registration Account shall be limited to any bank account in
Japan.
- The “A La Carte” means the form in which the Distributor sells each one Title to the User.
- The “Subscription” means the service form in which the Distributor collects membership fees from the
User (for any length of time such as a monthly basis) and allows the User to listen to songs designated by the
Distributor without any limitation during a prescribed period.
- The “Group Companies” mean subsidiaries of the Company, the parent company of the Company, affiliates
of the parent company of the Company and subsidiaries of the parent company of the Company.
- The “CP Agreement” collectively means any agreement for distributing the Creative Master such as
license agreements and consignment sales agreements.
Article 4 (Notices)
- The Company notifies the User of necessary information through transmissions by e-mail, indications on a
website related to the Service (the “Website”), indications on an application related to the Service (the “App”)
and push notifications by the App, and any other methods deemed appropriate by the Company.
- If the notice to the User under paragraph 1 is sent by e-mail, the User is deemed to have received the
notice when the Company sent an e-mail to the e-mail address which is provided by User to the Company as the
Registration Information.
- If the notice under paragraph 1 of this Article appears on the Website or the App, the User is deemed
to have received the notice when the notice is posted on a screen of the Website or the App.
- If the notice to the User under paragraph 1 of this Article is sent by push notification, the User is
deemed to have received the notice when the Company sends the notice by push notification.
Article 5 (Application for Membership Registration)
The person who wishes to become the Member (including the User [excluding the Member and the Applicant]) shall
be able to apply for membership registration by the methods prescribed by the Company.
Article 6 (Refusal of Application for Membership Registration)
- If the Company finds that a case falls under or may fall under any of each item below, the Company shall be
able to refuse the application by the Applicant:
- (1) If the Applicant does not exist;
- (2) If the Membership Registration of the Applicant was refused in the past or the Applicant was removed
from membership in the past;
- (3) If the Applicant is a minor and has not obtained the acceptance of the parent or legal guardian;
- (4) If the application contains false, misleading or incomplete information;
- (5) If the Company cannot contact the Applicant;
- (6) If the Applicant carried out prohibited matters specified in the TOU in the past or otherwise violated
the TOU;
- (7) If the Company finds that the Member is the Anti-Social Forces (meaning an organized crime group, an
organized crime group member, a right-wing group, an anti-social force and any other person or party equivalent
thereto; the same applies hereafter) or the Member in any way interacts or is involved with the Anti-Social
Forces such as their maintenance, operation or management through funding or other means; or
- (8) In addition to each item above, the Company finds it inappropriate to approve the application.
- If the Company finds that the Member falls under any of each item of paragraph 1 after approval of the
application, the Company shall be able to withdraw the approval or restrict the use of the Service.
Article 7 (Changes in the Registration Information)
If there are any changes in the Registration Information, the Member must notify these changes promptly by the
methods prescribed by the Company.
Article 8 (Membership and Other Fees)
- The initial membership fee and the annual fee for the Service (the “Membership Fees”) shall be free. However,
prescribed fees might be charged in some cases.
- Products sold and paid services provided only to members are charged separately.
- The Company shall not make refunds for products sold and paid services provided only to members for any
reason whatsoever. However, this shall not apply if there are any causes attributable to the Company. If the
Company makes refunds, the Company shall return the products or the paid services are stopped.
Article 9 (Use of the Artist Page)
- The Artist Member shall be able to establish and use an artist page (the “Artist Page”) for the purposes such
as introducing its Creative Master and activity information.
- The Artist Member may upload its Creative Master on the Artist Page (the “Song Registration”) for
preview by the User.
- If the Artist Member makes the User preview the Creative Master based on paragraph 2, the Artist Member
shall not be entitled to receive the Sales Revenues concerning the preview.
- In addition to paragraphs 1, 2 and 3, the Company shall determine the details of the Artist Page
separately on the Website, the App or other means.
Article 10 (Registration)
In registering the Creative Master, the Member shall register the information prescribed by the Company such as
names of the administrators for copyright and neighboring rights for the musical works used for each Creative
Master by the methods prescribed by the Company. 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 except for any causes attributable to the Company. If the
Company is responsible for the damage of the Member as specified in this Article, the Company indemnifies the
Member only for direct and actual damage incurred by the Member except for the willful misconduct or gross
negligence of the Company.
Article 11 (Ownership of Rights for the Creative Master)
- The Company shall be able to use the Creative Master within the scope required to accomplish the purposes of
use below without any payment to the Member:
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! and encouraging use of BIG UP! and the purpose of
providing the Service smoothly.
- 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).
Article 12 (Management of the Creative Master and Other Matters of the Member)
- If the Song Registration falls under any one of the items below, the Company shall, at its discretion and
without notice to the Member, be able to refuse the Song Registration for the Creative Master, cancel the Song
Registration if it has been already carried out or otherwise take similar acts:
- If the Song Registration obviously infringes copyrights or any other rights of the Company or a third
party or is found to damage reputations or trust of the Company or a third party;
- If the Company receives a warning that the Song Registration infringes copyrights or any other rights
of a third party or damages reputations or trust of the third party;
- If the Song Registration is found to violate Japanese laws and regulations or applicable foreign laws
and regulations;
- If the Company receives the order, guidance or any other similar notification from public offices or
agencies to take actions such as deleting the Song Registration based on grounds of laws and regulations;
- If the Song Registration is found to be pre-election campaigns, election campaigns or acts similar to
these campaigns, and is found to be acts that conflict with the Public Offices Election Act;
- If the Company finds that the Song Registration is the description related to religious activities
including religious propaganda, and acts regarding religious organizations such as establishment, activities and
joining of religious groups;
- If the Song Registration is related to the ethnic groups, races, gender and ages and other expressions
causing discrimination;
- If the Song Registration contains sexual, obscene or violent expressions or any other expressions that
may make people excessively uncomfortable;
- If the purpose of the Song Registration is to wish or induce dating;
- If the Song Registration contains expressions related to pornographic or dating websites,
transmissions of content of these websites or description of links to these websites or other similar websites;
- If the Song Registration offends public order and morals;
- If the Company decides that the Song Registration conflicts with the separate “Distribution
Guidelines (Detailed Rules)”; or
- In addition to each item above, if the Company finds it inappropriate for managing the Service.
- In the case where the Member posts the testimonials, opinions or other information received from the
Member on the Website or the App, if the Company finds that the testimonials, opinions or other information fall
under any one of the items of paragraph 1 even after posting such information, the Company shall, at its
discretion and without notice to the Member, be able to delete the testimonials, opinions or other information.
Article 13 (Validity of Membership)
Membership is effective from a membership registration date (meaning the date when the Company approves an
application for membership registration) and will be permanent except for the cases specified separately by the
TOU and the termination of the Service.
Article 14 (Withdrawal from Membership)
If the Member itself wishes to withdraw from membership, the Member shall notify the Company by the methods
prescribed by the Company. After completing processing by the Company, the withdrawal shall be completed. At the
time of the withdrawal, if the Member are obliged to pay usage fees or other money in relation to the Service,
the Member shall not be exempt from the payment obligations after the withdrawal.
Article 15 (Prohibited Acts)
The User must not take the following acts listed in each item below when using the Service:
- To reproduce, distribute, transfer, rent, use for public transmission, reverse engineer, or use in any
other way all the data, information, texts, sounds, videos, illustrations, applications and other elements
(collectively, the “Data”) which are provided through the Service, beyond the scope of personal use approved by
the Copyright Act;
- To take acts that infringe or may infringe the property (including intellectual property rights such
as copyrights, trademark rights and design rights), privacy or portrait rights of a third party;
- To take acts that harm or may harm reputations or trust of a third party by defamation;
- With regard to the rights owned based on the membership, to transfer to a third party through
reselling the rights to a third party on Internet auctions, free-market applications or any other means, or
create a pledge or provide as a collateral in any other way;
- To use the Service for activities that are taken for the purpose of making profits for the Member or a
third party and preparing such profit making through the use of the Service, unless specified separately in the
TOU;
- To use the Service for pre-election campaigns, election campaigns or acts similar to these campaigns
and acts that conflict with the Public Offices Election Act;
- To use the Service for religious activities including religious propaganda, and acts regarding
religious organizations such as establishment, activities and joining of religious groups;
- To deactivate or invalidate the functions which are equipped with mobile device as standard feature to
limit user authority, availability/unavailability of particular applications and other matters;
- To become the Member of the Service by using the Registration Information or other matters of other
people or to pretend to be other people in any other way when using the Service;
- To take acts that offend laws and regulations or public order and morals or acts that interrupt the
management of the Service; and
- Engaging in any activity that is deemed fraudulent or otherwise dishonest (including manipulation of the number of views).
- In addition to each item above, to take acts that the Company finds inappropriate for the purpose of
managing the Service.
Article 16 (Stop of Use of the Service)
If the User falls under any of each item below, the Company shall be able to stop the use of the Service by the
User:
- If the User takes the prohibited acts specified in Article 15 of the TOU;
- If the Company cannot contact the User due to reasons such as failure of the User to notify changes in
the contact information registered on the Company and any other reasons;
- If the User violates any other portion of the TOU; or
- In addition to each item above, the Company finds it appropriate to stop the use of the Service.
Article 17 (Disposition of Withdrawal)
- If the Member falls under any of each item below, the Company may withdraw the membership of the Member
without prior notice:
- If the Member takes the prohibited acts specified in Article 15;
- If the Member has not used the Service for more than two years from the date of the last use;
- If the Company cannot contact the Member due to reasons such as failure of the Member to notify
changes in the Registration Information;
- After completing membership registration, it becomes apparent that the Member has causes to refuse an
application for membership registration under Article 6;
- If the Member takes acts that infringe the intellectual property rights, portrait rights, privacy
rights, honor and any other rights or benefits of the Company, the Group Companies, other User or any other
third party;
- If the Member violates any other portion of the TOU; or
- In addition to each item above, the Company finds it appropriate to remove the Member from its
membership.
- If the Member falls under any one of each item above, the Company shall be able to make no payment of
the Income Distributions to the Member even if the Company has received the Sales Revenues. The Member shall
make no objection to the decision made by the Company.
Article 18 (Management of the ID)
- The Member shall manage and use the ID at the responsibility of the Member.
- If the Service is used by the ID of the Member, the Member itself is deemed to have used the Service.
- The Member shall be responsible for any damage, loss or others caused by insufficient control or errors
in usage of the ID, assignment or improper use of the ID or any other reasons.
Article 19 (Stop of Systems)
In case of system maintenance and inspections, natural disasters such as earthquakes, floods and lightning and
any other cases the Company finds necessary for the purpose of managing the Service, the Company shall be able
to change, stop or suspend the Service without any prior notice to the User.
Article 20 (Handling of Personal Information)
The Personal Information on the Applicant or the Member which is provided to the Company in relation to the
Service shall be used within the scope required to accomplish the purposes of use listed below jointly by the
Company and the Group Companies, based on the “Personal Information Protection Policy” separately specified by
the Avex Group:
- To confirm application for membership registration;
- To provide the Service;
- To understand the situations of membership registration and use of the Service;
- To improve services or develop new services;
- To tailor the content of services to individual customers;
- To use in any other ways for providing the Service; and
- In addition to each item above, to use the Personal Information for the purposes of use listed in the
“Avex Group Personal Information Protection Policy.”
Article 21 (Ownership of Rights for Content Provided by the Company)
Any rights including copyrights, trademark rights and portrait rights regarding all the data, texts, music,
sounds, videos, photographs, illustrations, information, the App and other elements that are provided through
the Service shall belong to the Company or a duly authorized third party.
Article 22 (Disclaimer)
- In providing the Service, the Company shall disclaim warranties, express or implied, of completeness,
effectiveness, reliability, accuracy, quality expected by the Member and fitness for a particular purpose for
the Service.
- The views and use of any websites through the Service shall be at the responsibility of the User. The
websites which are linked from advertisement on the Website are operated at the responsibility of advertisers.
The Company shall disclaim any warranties in relation to these linked websites such as their non-illegality,
accuracy of content and no inclusion of uncomfortable content and any information unintended by the User.
- Except for the cases where causes are attributable to the Company, if the User, the Applicant or the
Member suffers damage because the User, the Applicant or the Member of the Service used or could not use the
Service or otherwise it is related to the Service, the Company shall assume no responsibility whatsoever for the
damage, regardless of direct or indirect damage.
Article 23 (Damages)
In using the Service, If the User, the Applicant and the Member causes damage to the Company and the Group
Companies, partners or any other third party due to reasons attributable to the User, the applicant and the
Member, such party shall be liable for compensation.
Article 24 (Severability)
If any provision or part of the TOU is held to be invalid or unenforceable for the Consumer Contract Act, other
laws and regulations or any reason whatsoever, the validity and enforceability of the remaining provisions of
the TOU shall remain in full force entirely.
Article 25 (Governing Law and Jurisdiction)
- The use of the Service and the application and interpretation of the TOU shall be governed by the law of
Japan.
- For all disputes regarding the Service or the TOU between the User, the Applicant or the Member and the
Company, the User, the Applicant or the Member shall agree that the Tokyo District Court or Tokyo Summary Court
shall be the exclusive agreement jurisdictional court in the first instance.
- The governing language of the TOU shall be Japanese. In case of any difference in interpretation
between the Japanese language version and other language versions, the Japanese language version of the TOU
shall prevail.
Article 26 (Contact)
For inquiries regarding the Service or the TOU, please contact:
Avex Music Creative Inc.
E-mail: support@big-up.style
Enacted: October 17, 2016
Revised: January 16, 2017
Revised: April 1, 2017
Revised: June 1, 2017
Revised: July 20, 2017
Revised: October 5, 2017
Revised: February 1, 2018
Revised: April 1, 2019
Revised: March 13, 2020
Revised: March 31, 2023
Revised: August 1, 2023
Revised: March 25, 2024