Website Terms of Use

Website Terms of Use

Hello Earth, Inc. (hereinafter referred to as “Hello Earth”), the operating company, hereby specifies the Terms of Use (hereinafter referred to as “TOU”) for Hello Earth content (hereinafter referred to as “the Website”) as follows:

Article 1 (Membership)

  1. 1 Registration as a member is required to use the Website. Any corporate body desiring to register as a member (hereinafter referred to as “Applicant Company”) shall, after agreeing to the TOU, apply for membership using the Membership Registration Form specified by Hello Earth.
  2. 2 An Applicant Company shall designate a person in charge of contracting License Agreements for Video Products etc. within the company and inform Hello Earth by submission of the Membership Registration Form
  3. 3 An Applicant Company becomes a member from the moment when Hello Earth approves the application and ID registration is completed.
  4. 4 Hello Earth may disapprove applications for membership in the event that any of the following items apply to the Applicant Company:
    ⅰ The Applicant Company applied for membership through a method other than that specified by Hello Earth.
    ⅱ The Applicant Company is a corporate body for which membership was revoked in the past due to its infringement of the TOU or other terms and conditions specified by Hello Earth.
    ⅲ Hello Earth has determined that the Applicant Company registered by dishonest means.
    ⅳ Any other reasons that Hello Earth has found membership to be inappropriate.
  5. 5 Hello Earth sends emails to members to notify them of announcements, exhibitions of new products, advertisements and other information.

Article 2 (Content of the Website)

  1. 1 Members can browse sample versions of video products, etc. on the Website and acquire licenses.
  2. 2 In order to seek licensing opportunities, members can exhibit video products, etc. for which they own or manage the copyrights thereof on the Website.
  3. 3 Members that exhibit video products, etc. (hereinafter referred to as “Exhibiting Member”) will be required to entrust the video products, etc. to Hello Earth and grant them with the licensing rights thereof in advance. In addition, the licensing rights shall include the right to negotiate the terms and conditions of the license.
  4. 4 The granting of licensing rights of the previous section shall be conducted by the Exhibiting Member consenting to the Terms for Granting of Licensing Right of Video Product, etc., specified by Hello Earth on the Website for each exhibited video product, etc.
  5. 5 When a member wishing to use a video product, etc. (hereinafter referred to as “Use Applicant”) applies for the use thereof on the Website, Hello Earth shall negotiate the terms and conditions of the license with the member. Upon reaching an agreement, a License Agreements for Video Products, etc. will be entered into in a timely manner. Details on matters such as licensing fees and the provision of the video products, etc. shall be specified therein.
  6. 6 A Use Applicant shall delegate the authority to negotiate and enter into a License Agreement for Video Product, etc. on the Website to the individual designated as the person in charge of contracting License Agreements for Video Products, etc. on the Membership Registration Form at the time of membership registration. License Agreements for Video Products, etc. between the Use Applicant and Hello Earth shall be entered into at the time when the person in charge thereof electronically signs the contract.
  7. 7 Even in the event that a member who has received a license for use of video products, etc. uses said video products, etc. in a manner that violates the terms and conditions of the License Agreement for Video Products etc. agreed to in Section 5, Hello Earth shall cancel the license and seek penalties.
  8. 8 In the content detailed in the previous clause, Hello Earth’s liabilities to Exhibiting Member shall be limited to within the scope of Terms for Granting of Licensing Right of Video Product, etc..

Article 3 (Outsourcing)

  1.  Hello Earth may outsource, in whole or part, system management, credit payment settlement services, shipping arrangement and other business operations as needed.

Article 4 (ID and Password Management)

  1.  Each member may hold one (1) ID. A member cannot hold multiple IDs, nor can multiple members share an ID.
  2. 2 Notwithstanding the preceding Section, with prior approval by Hello Earth, a member may hold multiple IDs.
  3. 3 A member may not transfer, pledge or assign an ID to any third parties.
  4. 4 A member must not register false ID information such as the headquarters address. Further, a member must not register the information of another company.
  5. 5 In case of any changes in ID information, members should follow the procedures to change the information in a timely manner. Hello Earth shall not bear any responsibility for any issues arising from failure of the member to do this.

Article 5 (Termination of Membership)

  1. 1 In case that a member wishes to terminate their membership, the member should follow the procedures specified by Hello Earth for the termination of membership.
  2. 2 Hello Earth may revoke a membership if any of the following items apply to the member:
    ⅰ It becomes clear that the member applied for membership through a method other than that specified by Hello Earth.
    ⅱ The TOU or other terms and conditions specified by Hello Earth are infringed.
    ⅲ Documents or data submitted to Hello Earth such as the Membership Registration Form or Entry Sheet contain false entries.
    ⅳ Any other reasons that Hello Earth has found membership to be inappropriate.

Article 6 (Prohibited Acts)

  1. 1 Hello Earth prohibits the following acts by members when using the Website. In the event of infringement, Hello Earth can necessary measures such as the revocation of membership, suspension of use, and deletion of exhibited products.
    ⅰ The exhibition of video products, etc. that infringe or are likely to infringe the intellectual property rights, distinction, credibility, etc. of Hello Earth or third parties
    ⅱ The exhibition of video products, etc. that violate the standards specified by Hello Earth
    ⅲ The acquisition of an ID in place of a member whose use of their ID has been suspended
    ⅳ The sharing of an ID among multiple companies
    ⅴ Acts that hinder the operation of the Website or its systems
    ⅵ The infringement of the TOU or other terms and conditions specified by Hello Earth
    ⅶ Any other acts that Hello Earth deems inappropriate

Article 7 (Copyrights, etc.)

  1. 1 Exhibiting Members must pay attention not to infringe the copyrights of third parties. The unauthorized reproduction of text from magazines, homepages, television, etc. is prohibited. However, this shall not apply if Exhibiting Members acquire the consent of the right holder in advance.
  2. 2 Exhibiting Members must bear full responsibility with regard to their own exhibition and licensing of video products, etc.

Article 8 (Interruption and Suspension of the Website)

  1. 1 In the event that Hello Earth determines that use of the Website is likely to be to the detriment of Hello Earth, members or third parties due to the spread of computer viruses or bulk email, etc., or in the event that Hello Earth deems it necessary to restrict usage, Hello Earth may interrupt or suspend the site without notifying members.
  2. 2 Hello Earth shall not bear any responsibility to members regarding the restriction of usage.

Article 9 (Exclusion of Liability)

  1. 1 Hello Earth does not warrant that the video products, etc. exhibited on Website do not infringe the copyrights, etc. of third parties. In addition, Hello Earth does not warrant that they do not infringe the personal rights of third parties that view them, e.g. due to discriminatory expressions, etc. being included therein. Hello Earth shall not take any responsibility even in the event that the copyrights and/or personal rights of third parties are infringed by video products, etc.
  2. 2 Hello Earth will not be involved in matters related to the computing environment of a member, and shall not bear any responsibility thereto.
  3. 3 In the event that a dispute between members arises, it shall be settled by the both parties, and Hello Earth shall not bear any responsibility thereto.
  4. 4 Hello Earth shall not bear any responsibility for damages caused by interruption or termination of the Website, or changes to the content therein.
  5. 5 Hello Earth shall not bear any responsibility for problems related to browsing the Website caused by unexpected factors.
  6. 6 Hello Earth shall not bear any responsibility for matters related to credit payment settlement service providers or shipping service providers.
  7. 7 Hello Earth shall not bear any responsibility for the legitimacy, morality, reliability or accuracy of websites linked to from the pages of the Website.

Article 10 (Means of Notice)

  1. 1 In the event that communication with members is necessary, Hello Earth will use email as the means thereof, in principle.
  2. 2 In the event that communication with Hello Earth is necessary, members shall use email as the means thereof, in principle.

Article 11 (Applicable Laws)

  1.  This TOU shall be governed by the laws of Japan.

Article 12 (Jurisdiction)

  1.  The agreed court of first instance for any dispute that arises between Hello Earth and member companies regarding this TOU shall be the Sapporo District Court, the court with jurisdiction over the location of Hello Earth.