Miku Terms of Service and Arbitration: Difference between revisions
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The [[Miku]] [[Terms of service|ToS]] is long, and can be potentially confusing for customers to understand. This section is meant to summarize and highlight important parts of the Miku TOS. | |StartDate= | ||
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The [[Miku]] [[Terms of service|ToS]] is long, and can be potentially confusing for customers to understand. This section is meant to summarize and highlight important parts of the Miku TOS. | |||
#Miku Customer Requirements, Restrictions, & Reservations. | #Miku Customer Requirements, Restrictions, & Reservations. | ||
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#Customer data retained after canceling Miku services. | #Customer data retained after canceling Miku services. | ||
#Miku's commitment to making content available on their services. | #Miku's commitment to making content available on their services. | ||
#Miku's [[ | #Miku's [[forced arbitration]] clause. | ||
===1. Miku Customer Requirements, Restrictions & Reservations.=== | ===1. Miku Customer Requirements, Restrictions & Reservations.=== | ||
Through using Miku services, submitting data to Miku services, or setting up Miku products. Miku is allowed to collect personal data of you and your child. Any data collected about children is collected from the parent as the "guardian".<ref>{{Cite web |title=Miku ToS section "What about my privacy?" |url=https://mikucare.com/pages/terms-of-service#toc2 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc2 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "What about my privacy?"}}</ref> | Through using Miku services, submitting data to Miku services, or setting up Miku products. Miku is allowed to collect personal data of you and your child. Any data collected about children is collected from the parent as the "guardian".<ref>{{Cite web |title=Miku ToS section "What about my privacy?" |url=https://mikucare.com/pages/terms-of-service#toc2 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc2 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "What about my privacy?"}}</ref> | ||
Any content or data you share or otherwise upload or edit on Miku services gives Miku "a '''worldwide''', '''non-exclusive''', '''perpetual''', '''royalty-free''', fully paid, sublicensable and transferable license to '''use''', '''edit''', '''modify''', '''truncate''', '''aggregate''', '''reproduce''', '''distribute''', '''prepare derivative works of''', '''display''', '''perform''', and otherwise '''<u>fully exploit the User Submissions in connection with the Services and our (and our successors’ and assigns’) businesses</u>''', including without limitation '''for promoting''' and '''redistributing part or all of the Services''' (and derivative works thereof) in any media formats and '''<u>through any media channels</u>''' (including, without limitation, third party websites and feeds), '''<u>and including after your termination of your account or the Services.</u>'''"<ref name=":2">{{Cite web |title=Miku ToS section "Do I have to grant any licenses to Miku or to other users?" |url=https://mikucare.com/pages/terms-of-service#toc7 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc7 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "Do I have to grant any licenses to Miku or to other users?"}}</ref> | Any content or data you share or otherwise upload or edit on Miku services gives Miku "a '''worldwide''', '''non-exclusive''', '''perpetual''', '''royalty-free''', fully paid, sublicensable and transferable license to '''use''', '''edit''', '''modify''', '''truncate''', '''aggregate''', '''reproduce''', '''distribute''', '''prepare derivative works of''', '''display''', '''perform''', and otherwise '''<u>fully exploit the User Submissions in connection with the Services and our (and our successors’ and assigns’) businesses</u>''', including without limitation '''for promoting''' and '''redistributing part or all of the Services''' (and derivative works thereof) in any media formats and '''<u>through any media channels</u>''' (including, without limitation, third party websites and feeds), '''<u>and including after your termination of your account or the Services.</u>'''"<ref name=":2">{{Cite web |title=Miku ToS section "Do I have to grant any licenses to Miku or to other users?" |url=https://mikucare.com/pages/terms-of-service#toc7 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc7 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "Do I have to grant any licenses to Miku or to other users?"}}</ref> | ||
Miku has many restrictions it places on customers upon agreement to their terms of service, Miku's ToS begins in this section by stating: | |||
"You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:" | "You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:" | ||
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*Jeopardizes the security of your Miku account or anyone else’s (such as allowing someone else to log in to the Services as you); | *Jeopardizes the security of your Miku account or anyone else’s (such as allowing someone else to log in to the Services as you); | ||
*Builds a competitive product or service using the Services, or builds a product or service using similar ideas, features, functions, or graphics as the Services or determines whether the Services are within the scope of any patent; | *Builds a competitive product or service using the Services, or builds a product or service using similar ideas, features, functions, or graphics as the Services or determines whether the Services are within the scope of any patent; | ||
Miku reserves the right to remove, edit, or modify any content at their sole discretion, at any time, without notice to the customer including but not limited to the following reasons: | Miku reserves the right to remove, edit, or modify any content at their sole discretion, at any time, without notice to the customer including but not limited to the following reasons: | ||
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Miku's ToS explicitly states that any claims will take place on an individual basis, <u>upon agreement to these terms, you forfeit the right to participate in "class actions" or "class arbitrations" against Miku.</u><ref>{{Cite web |title=Miku ToS section "No Class Actions" |url=https://mikucare.com/pages/terms-of-service#toc29 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc29 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "No Class Actions"}}</ref> | Miku's ToS explicitly states that any claims will take place on an individual basis, <u>upon agreement to these terms, you forfeit the right to participate in "class actions" or "class arbitrations" against Miku.</u><ref>{{Cite web |title=Miku ToS section "No Class Actions" |url=https://mikucare.com/pages/terms-of-service#toc29 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc29 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "No Class Actions"}}</ref> | ||
== Broader Implications Regarding Consumer Rights and Ownership == | ==Broader Implications Regarding Consumer Rights and Ownership== | ||
From reading the Terms of Service, it is understood that if Miku Services were to go offline without notice (which they are allowed to do), any data you created on or uploaded to the Miku services of yourself or your child is able to be retained by them forever. If Miku services were to shut down, customers would lose access to many of the care+ subscription features already supported by their device. If a customer was to try and reverse engineer or otherwise rebuild the services which were shut down to be able to use the already supported features of their Miku device, this would violate the terms of service and the customer could potentially be fined or jailed for individually modifying the Miku device, or providing a public solution for others to modify their Miku device to return accessibility to these features. | From reading the Terms of Service, it is understood that if Miku Services were to go offline without notice (which they are allowed to do), any data you created on or uploaded to the Miku services of yourself or your child is able to be retained by them forever. If Miku services were to shut down, customers would lose access to many of the care+ subscription features already supported by their device. If a customer was to try and reverse engineer or otherwise rebuild the services which were shut down to be able to use the already supported features of their Miku device, this would violate the terms of service and the customer could potentially be fined or jailed for individually modifying the Miku device, or providing a public solution for others to modify their Miku device to return accessibility to these features. | ||
==References== | ==References== | ||
{{Reflist}} | |||
[[Category:Miku]] | [[Category:Miku]] | ||
[[Category:Forced | [[Category:Forced arbitration]] | ||
[[Category:End-user license agreements]] | [[Category:End-user license agreements]] | ||