Xfolio Master Terms of Use
Article 1 General Provisions
- "Xfolio Common Terms of Use" (hereinafter referred to as "Common Terms of Use", and the Common Terms and Individual Terms (defined in paragraph 5 of this Article) together, collectively referred to as the "BookLive Co., Ltd.") , "Company") provided by "Xfolio" (hereinafter referred to as "Services") by users (hereinafter referred to as "Users"). commonly applied to
- The User shall use the Services in accordance with the provisions of the Terms. User may not use the Services unless User has validly and irrevocably agreed to the Terms.
- If the User is a minor, ward, person under curatorship or assistance, the User shall use the Service with the consent of his/her parent, guardian, person under curatorship or person under assistance in accordance with laws and regulations.
- By using the Service, the User is deemed to have validly and irrevocably agreed to these Terms and Conditions.
- In addition to establishing individual terms of use for each service (hereinafter referred to as "individual terms"), the Company may also establish guidelines. In the event that the Company establishes guidelines, such guidelines shall constitute a part of the individual terms and conditions to which they are attached.
- Members (as defined in Article 3, Paragraph 2 of the Sharing Terms) acknowledge and agree in advance that even if these Terms or the Service contain the terms "purchase" or "sale", no rights to the data or other digital content handled on the Service will be transferred to them.
Article 2 Applicable Relationship with Individual Rules, etc.
- In the event of any inconsistency or conflict between the provisions of the Individual Terms and the Common Terms, the provisions of the Individual Terms shall prevail unless otherwise specified.
- In the event of any inconsistency or conflict between the individual terms and the provisions of the guidelines associated with such individual terms, the provisions of such guidelines shall take precedence, unless otherwise specified.
Article 3 Definitions
The meanings of terms used in these Terms and Conditions shall be as set forth in the following items.
- "Account" means the right to use the Service granted to a User who has completed the procedures prescribed by the Company. In addition, by linking the account and BookLive account (defined in Item 7 of this Article), it is possible to purchase BookLive points (defined in Item 6 of this Article) using the revenue generated from the Service. increase.
- Member" means a user who has obtained an account.
- "Portfolio" means a page where creators post works created by themselves in this service.
- "Creator" refers to posting works (including but not limited to illustrations, manga, etc., hereinafter the same shall apply in these Terms) created by oneself in Portfolio (as defined in Item 10 of this article) and Refers to members who have completed creator registration for the purpose of sales, etc., following the procedures prescribed by the Company.
- BookLive" means the website operated by the Company for the sale of digital content such as e-books.
- "BookLive points" means points issued by BookLive.
- The term "BookLive Account" means the authority granted to a user who has completed the prescribed procedures of the Company at BookLive.
- Registered e-mail address" means the e-mail address provided by the User to the Company at the time of account acquisition.
- Password" refers to a string of characters that can be checked against a registered e-mail address to identify a member.
- Posting" means the act of uploading a work created by a Creator through the Service, or the act of a Member posting comments, etc. on a work uploaded by a Creator.
- "Message function" means a function that allows creators and members who have purchased products, etc. to contact each other through "inquiry threads" and "inquiry parts" displayed in Portfolio, etc., through individual functions of the Service. A function that allows creators and users to communicate through.
- The "Comment Function" is a function that allows Members to post comments on works uploaded by Creators.
- Posting information" means any and all information that a member posts.
- "Content" refers to illustrations, text, and all other information.
- Service Agreement" means the agreement between the User and the Company pertaining to the Service, which is formed when the User agrees to the Terms and Conditions.
- Monthly Optional Service" means the following optional services that may be added to the Service for a fee.
- Original Domain Option Service
Optional service for the Creator to use a domain obtained from a third party for the Service. - Optional Service for Adding Capacity
Optional service to increase the file size or total amount of files that can be submitted through this service.
- Original Domain Option Service
Article 4. Modification of the Terms and Conditions
- In addition to conforming to the general interests of users, in the event of changes in social conditions, economic circumstances, changes in the tax system, or other general circumstances, changes in laws and regulations, changes in actual conditions regarding the Services, or other reasonable reasons, the Company may, in accordance with Article 548-4 of the Civil Code, modify the Terms of Service and the Terms of Use for each individual service without obtaining prior consent from the user. The Terms of Service and the Terms of Use stipulated for each individual service may be changed without the prior consent of the user, in accordance with the provisions of Article 548-4 of the Civil Code.
- If the Company makes any changes to these Terms and Conditions, in whole or in part, in accordance with the provisions of the preceding paragraph, the Company will notify the User of the changes, their contents, and their effective date in advance on the Company's website or in a manner specified by the Company, before the effective date of the changes.
Article 5: Handling of Personal Information
We will handle personal information appropriately in accordance with our "Personal Information Protection Policy" and "Handling of Personal Information" established by our company.
Article 6 Confidentiality of Communications
- In accordance with the Telecommunications Business Law, we will protect the confidentiality of users' communications.
- In the cases set forth in the following items, the Company shall not assume the confidentiality obligation set forth in the preceding paragraph to the extent specified in each item.
- In the event of a mandatory disposition pursuant to law or court order, to the extent provided by such disposition or order
- If we determine that the requirements for a disclosure request under the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Disclosure of Identification Information of the Senders have been met, within the scope of said disclosure request
- To the extent necessary to protect the life, body, or property of another person, if we determine that it is necessary to do so
Article 7. Obtaining an Account
- The Service includes functions that are available only to Members.
- A user who wishes to obtain an account shall apply for an account by providing the information necessary to obtain an account (hereinafter referred to as "Account Information") in the manner prescribed by the Company (the user who has applied for an account is hereinafter referred to as "Account Applicant") and shall complete the necessary procedures to obtain an account. The Account Applicant shall be responsible for the following
- In providing account information to us, you warrant that such information is true and accurate.
- An account is obtained when the user completes the application and membership registration described in Section 2.
- The Company may take measures such as deleting accounts acquired by members or suspending the use of the Service if any of the following is determined to be the case.
- When an account application is made without following the Company's prescribed procedures
- If the account information provided by the account applicant is likely to be false or inaccurate
- The account applicant has committed prohibited acts or failed to fulfill his/her obligations on other services provided by the Company.
- If the account applicant has engaged in or is likely to engage in conduct that violates laws, regulations, or public order and morals
- When it is recognized that the Account Applicant has committed or is likely to commit any of the prohibited acts set forth in Article 18.
- If the Account Applicant is a minor, an adult ward, a person under curatorship or a person under assistance, and there is a possibility that the Account Applicant has not obtained the consent, etc. of a person with parental authority, guardian, curator, or assistant.
- When it is judged that the posting falls under any of the items of Article 17, Paragraph 5, or is likely to fall under any of the items of Article 17, Paragraph 5.
- If we determine that you are not a suitable member based on the number, content, or frequency of problems or claims with other users or third parties.
- If you do not log in more than a certain number of times within a period of time determined by the Company
- When we deem it difficult to continue to provide the Service.
- (iii) In any other case that the Company deems inappropriate, or in any other case that the Company deems to be an obstacle to the provision of the Service.
Article 8 My Page Function
- The Company will provide members with the My Page function within the Service. Members may create, edit, and post their own My Page in a prescribed manner and scope.
- The Member agrees in advance that My Page will be made public on the Service.
- Members are not permitted to post any of the following content on their My Page. If the Company determines that a post falls under any of the above, the Company may delete all or part of the post, delete the Member's account, or take measures such as suspending or restricting the Member's use of the Service.
- Information that is not required to be disclosed on My Page, such as your address and telephone number
- Information that may identify a third party, such as the name, e-mail address, address, and telephone number of the third party
- Content that infringes or may infringe on copyrights, portrait rights, or other rights of third parties
- False or factually incorrect information
- Inquiries, claims, etc. regarding this service
- Other contents that conflict with Article 17 (Posting Function) and Article 18 (Prohibited Acts)
Article 9 Creator Registration
- Members who wish to use the service shall apply for creator registration in the manner prescribed by the Company upon agreeing to the terms and conditions of the individual agreement.
- Even if a Creator wishes to cancel the registration after the completion of the application in accordance with the preceding paragraph, only the Creator registration cannot be cancelled.
Article 10 Deletion of Accounts Held by Creators
- The Company may, at its discretion, suspend the use of the Services and related services by deleting accounts, etc., if the Company deems that a Creator has committed or is likely to commit any of the following acts
- When it becomes clear that the application for registration was made without following the Company's prescribed procedures.
- In the event of violation of these Terms of Use or other conditions of use, etc.
- Any other cases that the Company deems inappropriate.
- Even if the creator has not completed the transfer procedure for the money that the creator can receive in relation to the Service (hereinafter referred to as "creator sales"; the specific calculation method will be specified in the individual agreement), Upon completion of the account deletion procedure, creator sales and Xfolio points, etc. will be deemed abandoned and will expire.
- Even if a Creator had applied for the transfer of Creator sales before the account was deleted, if the account was deleted when the transfer based on such application was not made successfully, the Creator's account will be deemed to have been abandoned and will be invalidated.
- After your account is deleted, you will not be able to use or receive any transfer requests or Xfolio points for expired Creator Sales.
- We shall not be liable for any delay or inability to make transfers of Creator sales, unless expressly provided for in the General Terms or Individual Terms.
Article 11 Xfolio points
- Xfolio points are points that can be used for this service. Xfolio points include points issued for a fee (hereinafter referred to as "paid points") and points issued free of charge (hereinafter referred to as "free points").
- When a Member purchases Xfolio points, the Member shall pay the purchase amount using the payment method specified by the Company. In addition, when paying by credit card, only the credit card in the member's name can be used, and the terms of use of the credit card company, etc. shall be followed.
- Members may not cancel purchased Xfolio points, except for cases approved by the Company.
- Members can only use Xfolio points within the Service. In addition, Xfolio points cannot be lent, transferred, traded, or pledged to a third party.
- Xfolio points are valid for 180 days from the date of issuance (including the date of issuance, the same shall apply hereinafter) regardless of whether points or free points. Unused Xfolio points will expire after 180 days from the date of issuance.
- When a member uses Xfolio points issued on different days, Xfolio points with the oldest issue date will be consumed first (regardless of whether Xfolio points to be consumed are paid points or free points). . In addition, when using paid points and free points issued on the same day, free points shall be consumed preferentially.
- Members can check the acquisition history and usage history of Xfolio points by the method specified by the Company.
- The Company will not exchange Xfolio points owned by Members for cash or other items. However, this does not apply if the Company terminates the Service or if it falls under the provisions of laws and regulations. In addition, when the Company redeems points, an amount equivalent to the fee specified by the Company shall be deducted.
- In the following cases, Xfolio points held by the member will become invalid immediately.
- If your account has been deleted
- If the Company discontinues all of the Services in accordance with Article 34
- The maximum number of Xfolio points that can be held at the time of purchase is 200,000 points. Therefore, if you exceed the upper limit that you can hold at the time of purchase, you will not be able to purchase Xfolio points until you fall below the upper limit.
- There is no maximum holding limit except in the case of the preceding paragraph.
Article 12 Change of Account Information
- If there is a change in account information, the member shall promptly notify the Company of such change in a manner prescribed by the Company.
- The Company shall not be liable for any disadvantage incurred by a member due to the member's failure to give such notice.
Article 13 Management of E-mail Addresses, Passwords, etc.
- Members shall register a valid e-mail address controlled by the member in their account information, and if such e-mail address becomes invalid, the member shall immediately take steps to change it to another valid e-mail address.
- Members shall endeavor to prevent unauthorized use of their e-mail addresses and passwords (hereinafter referred to as "e-mail addresses, etc.") by third parties and shall take full responsibility for the management of their e-mail addresses, etc.
- The Company shall not be liable for any damages caused by unauthorized use of e-mail addresses, etc. by third parties. Any and all actions taken using a member's e-mail address (including unauthorized use by a third party or without the member's permission) shall be deemed to be the actions of the member holding that e-mail address, and the member agrees to this in advance.
- Members are required to notify the Company immediately if their e-mail address or other information is leaked to a third party, or if there is a possibility of such a leak. Although the Company may suspend service use based on such notification, the Company shall not be liable for any damages caused by the leakage of such information.
- Members may not request the Company to suspend use of their account or conduct other investigations, even in the event of unauthorized use by a third party.
- The service may require the registration of a valid telephone number managed by the member. In such cases, this Article shall apply mutatis mutandis to the handling of such phone numbers.
Article 14 Holding of Accounts
In principle, a member may have only one account. Members may not, under any circumstances, transfer or lend their account to a third party.
Article 15 Usage Environment
- The User shall be responsible for preparing the necessary hardware, software, etc. and means of communication to use the Service at his/her own responsibility and expense.
- Users shall take measures appropriate to their own usage environment to prevent computer virus infection, unauthorized access, and information leaks.
- The Company shall not be responsible for the user's usage environment. The User shall be responsible for any damage caused by the User's equipment or use of the Service, and the Company shall not be liable for any damage caused by the User's use of the Service.
- Users may acquire software to use the Service through application services provided by third parties (hereinafter referred to as "Application Services"). In such cases, we do not guarantee the performance, etc. of the Application Service in any way. Even if the user is unable to obtain said software due to suspension of all or part of the Application Service for any reason, the Company shall not be liable for such suspension.
- This service is intended for users residing in Japan.
Article 16 Responsibilities of Users and Members
- Users shall use the Service at their own risk and shall be responsible for any and all actions and results of their use of the Service.
- The Company shall not be responsible for any postings made by users through the Service, and shall not be obligated to respond to such postings in any way. However, if deemed necessary for the operation of the Service, the Company may act as a point of contact for users or third parties, such as by informing them of the content of their claims. In such cases, the User shall follow the Company's instructions and respond in good faith. However, the Company shall not be obligated to provide such window services.
- Transactions between members and other members using the service are direct transactions between members, and the Company is not a party to such transactions.
- Members are responsible for fulfilling their obligations and troubleshooting problems associated with transactions between members as described in the preceding paragraph.
- The User shall be liable for compensation for any damages incurred by the Company or a third party as a result of the User's violation of laws, regulations, or these Terms and Conditions.
- Any dispute arising between a user and a third party (including other users) in relation to the Service shall be resolved by the user at the user's own responsibility and expense, and in principle, the Company shall not be involved in such dispute. In addition, said user shall compensate for any damages (including but not limited to attorney's fees and other expenses incurred by the Company in connection with said disputes) incurred by the Company in connection with said disputes. However, this shall not apply if the dispute is caused by our company's willful misconduct or gross negligence.
Article 17 Submission Function
- The Company provides a function for members to make contributions (hereinafter referred to as the "contribution function"). The Company may change the Posting Function without notice, and may suspend or discontinue use of all or part of the Posting Function. The Company may also store information posted by members.
- Members use the posting function at their own risk, and are responsible for the information they post. The Company does not guarantee the accuracy of any posted information.
- The Company shall not be liable for any damages incurred by members as a result of their use of the posting function or as a result of posted information. The Company shall not be liable for any trouble between users caused by posted information, or for any damage caused by links to external websites when posted information contains links to such external websites.
- The fact that an external website is linked to the information provided by the Service does not imply any commercial relationship between the Company and such external website, and the User shall use such external website at his/her own risk.
- Members may not post information that corresponds or may correspond to any of the following ("Prohibited Posting Information"). If the Company determines that any of the following applies or is likely to apply, the Company may take measures such as deleting the posted information or suspending or limiting the use of the service without prior notice to the member. The Company will not disclose the reasons for such measures.
- Content that deviates from the purpose of the submission function
- Content that contains harmful programs or scripts such as computer viruses
- Content that infringes on or defames the rights of third parties
- Information posted by other members or content that is libelous, defamatory, or libelous to the member or a third party
- Extreme ideology, antisocial behavior, cults, excessive political activities, and content that glorifies or promotes discrimination
- Contents that induce or encourage crimes, such as criminal threats and instructions for crimes
- Content contrary to laws and regulations or public order and morals
- Excessive cruelty, obscenity, child pornography, or child abuse
- Dangerous acts, suicidal or self-injurious acts, use of stimulants, narcotics, or other drugs, prostitution, or any content that encourages such acts
- Content offering to sell or transfer for profit or personal use
- Content reprinted without permission from a third party
- Content based on the act of unfairly manipulating evaluation scores
- Content that interferes with or interferes with our posting function or our services, or content posted by an act that interferes with or interferes with our services.
- Content that is difficult to verify as to whether it is true or false
- Contents that deceive the name of a third party
- Content that encourages youth to drink, smoke, gamble, etc.
- Information posted for the purpose of meeting people of the opposite or same sex, or content that encourages or leads to such encounters
- Content containing personal or contact information of third parties
- Any content containing personal or contact information about yourself (except your e-mail address)
- Content that includes content generated mechanically using artificial intelligence (hereinafter referred to as "AI") or other technology
- Other content that the Company deems inappropriate
- The Company will not delete any posted information, even if requested to do so by the member who posted the information, except in the case of posts that violate the Terms of Use or other special circumstances.
Article 18 Prohibited Acts
In using the Service, the User shall not engage in any of the following acts.- Any act that infringes or may infringe on the intellectual property rights (as defined in Article 25) or other rights of the Company or any third party
- Reproducing information posted by other members without their consent
- Posting works that include content generated mechanically using AI or other technology, or encouraging or inciting such posting
- Using all or part of other members' posted information for commercial purposes
- Acts that infringe, or may infringe, the rights of the Company or third parties
- Any act that infringes (including, but not limited to, slander, libel, defamation, or discrimination) or encourages infringement of the rights of the Company or any third party
- (i) sending large numbers of messages using the message function, etc., making unreasonably repeated inquiries, making large numbers of or lengthy phone calls, coercing a person to do something to which he/she has no obligation to respond, or violating the Stalking Control Law
- fraudulent behavior
- Actions that may induce or encourage crimes or offenses
- Posting of prohibited information, sale or transfer of media containing prohibited information (including acts that may be associated with such sale or transfer)
- 当社又は第三者に成りすます行為
- (iii) Exchanging the right to use the Services for economic benefits.
- Acquiring a large number of accounts in a short period of time
- Posting information for the purpose of commercial advertisement, promotion, or solicitation that is not related to the information you have posted (except for information approved in advance by the Company), posting information that includes affiliate links that are not related to the content of your postings, posting information that leads to adult sites, illegal sites, sites for the purpose of spreading harmful computer programs such as viruses, or other sites that the Company deems inappropriate (including simply posting links). (This includes the mere act of posting a link), or posting information that leads to sites that we deem inappropriate, such as sites that aim to spread adult sites, illegal sites, or harmful computer programs such as viruses, or posting information that we deem inappropriate.
- Unreasonably delaying or ignoring a response to a communication from the Company or another user conducting transactions between the users
- Use of the Services for stealth marketing or acts that may be suspected of stealth marketing
- Using discriminatory language or expressions that are linked to discrimination
- (iii) Acts that overburden the server of the Service beyond the normal scope, or acts that interfere with the operation of the Service or network system, or acts that have the potential to do so.
- Using all or part of the information posted by other Members on the Service as learning data for the development of AI or other content-generating technologies, or encouraging or inciting such actions
- Unauthorized rewriting or deletion of information held by the Company
- Transmitting or posting harmful computer programs such as viruses, etc.
- Any act that the Company deems to be in violation of laws and regulations, public order and morals, these Terms of Service or the Terms of Use of the Service in Japan or abroad, or that infringes on the rights of any third party.
- To use the Service to sell the following products
- Prohibited products such as narcotics, stimulants, and poisons, as well as products related to marijuana seeds and legal drugs (decriminalized drugs)
- Firearms, swords, weapons, explosives, chemical weapons
- Products with explicit depictions of genitalia or specific depictions of bondage areas without modification
- Products, used underwear, uniforms, etc. that contain data such as images that are obscene, child pornography, or child abuse, or that violate laws, ordinances, or other standards set by the Company
- Child prostitution, prostitution
- Products related to lottery and gambling, etc.
- Products related to pyramid schemes and pyramid schemes (pyramid schemes, etc.)
- tobacco
- Stamps, stamps, coupons, gift certificates, prepaid cards, other securities, and other money certificates
- Counterfeit currency, memberships, notarized documents (including licenses, passports, etc.), documents, electromagnetic records, and other instruments
- Products for the purpose of cashing out bank accounts and credit card facilities
- Counterfeit and pirated products (e.g., illegally copied products) Fake brand goods
- Equipment or related products that encourage piracy, such as Pandora batteries, magic computers, etc.
- Goods obtained by fraud, extortion, embezzlement, theft, robbery, breach of trust, or other crimes
- Items that may be used in crimes, such as knives, air guns, stun guns, tear gas, etc., which are prohibited by law to carry.
- Products, etc. that infringe intellectual property rights (as defined in Article 25) or the rights of third parties
- Products for which the member does not have legitimate authority
- Software containing computer viruses or other security threats
- Products prohibited for sale in Japan
- 動物又は昆虫等の生体及び生体の一部
- Personal information, trade secrets, and other information not available to the public
- Sales of products that do not meet the sales licenses, qualifications, etc. required by law
- Other products with which it is against the law to deal
- Products with a long service period
- Products requiring permits, registrations, notifications, etc. for sale
- AI等の技術によって機械的な方法により生成されたコンテンツが含まれる商品
- Other products that the Company deems inappropriate
- Use of the Services for the purpose of dating the opposite sex or the same sex
- Other activities that the Company deems inappropriate.
Article 19. Response to Violations
- If a user is found to have violated or is suspected of violating these Terms of Use, we may, at our discretion and without prior notice, take any of the following measures against such user. In the event that the Company takes such measures, the Company shall not be obligated to disclose the reason for such measures.
- (iii) To demand that a User who engages in an act that violates or may violate these Terms and Conditions cease such act and to file a judicial claim against such User.
- (iii) to hold discussions (including out-of-court dispute resolution procedures) with the User or a third party to resolve disputes, etc. that have arisen between the User or the third party
- To request the deletion or correction of all or part of the submitted information
- Modification, deletion, or change of the private or public scope of the submitted information, in whole or in part
- Suspension of use of the Service or deletion of the account.
- Deleting an account
- The User shall not object to the Company's measures described in the preceding paragraph.
- In the event that the Company takes any of the measures set forth in Paragraph 1, the User may not claim damages from the Company, even if the User incurs damages as a result of such measures.
- In the event that a User falls under any of the following, the Company may, at its discretion, suspend use of the Service or delete the account without prior notice or demand.
- When it is found that an application for an account was made without following the method prescribed by the Company
- In case of violation of these Terms and Conditions
- When it becomes clear that any of the items of Article 7, Paragraph 5 applies.
- In the case of paid services, if payment is suspended or the customer becomes insolvent, or if a petition is filed for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings.
- If you do not respond to our inquiries or other communications for 48 hours or more
- When there are multiple claims against a user from other users or third parties.
- Any other cases that the Company deems inappropriate.
- In the event that any of the items in the preceding paragraph applies and the Company suspends the use of the Service or deletes the account of the applicable User, the applicable User will naturally lose the benefit of time with respect to all debts owed to the Company, and must immediately pay all such debts to the Company.
Article 20 Deletion of Account by Member
- If a member wishes to delete his/her account, he/she shall request the Company to delete his/her account in the manner prescribed by the Company.
- If a member's account (including registration under the Service in a different capacity from the member, if any) is deleted, all rights to use the member's posted information and data on the Service will cease, and the Company may delete the member's account information and posted information. The Company may delete the account information and posted information of the member in question.
- The Company is under no obligation to restore deleted account information or posted information associated with such account for any reason whatsoever.
- For the purpose of fulfilling the obligations of the Service, the Company will retain the personal information of the User as long as the provision of the Service to the User continues, and will retain the personal information of the Member for 10 years from the date of discontinuation of the Service, even after the provision of the Service to the Member is terminated due to deletion of account information. In addition, even after the provision of the Service to the Member is terminated due to the deletion of the account information, the personal information of the Member will be retained for 10 years from the date of discontinuation of the Service. In addition, information about telecommunications terminals and information obtained through the use of cookies, etc. will be used and retained for up to 30 days after acquisition, and information about telecommunications terminals and cookies, etc. will be deleted immediately upon account deletion. Except in cases of legal compliance or other reasonable necessity, personal information of members will not be retained beyond the aforementioned period.
- Accounts may only be used by the member him/herself. In the event of the death of a member, the Company may delete the member's account upon confirmation of the member's death.
Article 21 Deletion of Posted Information
In the following cases, regardless of whether or not the posted information is illegal or violates the Terms and Conditions, the Company may take measures such as deleting all or part of the posted information or changing the scope of publication. The Company shall not be obligated to take such measures or to disclose the reasons for such measures.
- When a public institution or an expert (e.g., a lawyer) points out that the posted information is illegal, offensive to public order and morals, or infringes on the rights of others, and we deem that the point of view is reasonable.
- When there is a claim of right by a third party regarding the posted information, and we determine that such a claim is valid.
- When the Company determines that the posted information may fall under the category of prohibited information
- If we determine that the information contained in the posted information has or may have an impact on the Service.
- In other cases where the Company reasonably deems it necessary to delete such information.
Article 22 Handling of Cases of Copyright Infringement
- A user may notify the Company of any infringement of copyrighted works owned by the user in the Service by sending a notification to the contact address separately specified by the Company. However, the Company does not promise that it will be obligated to take any action based on such notification.
- In the event of an order from a court of law or other public agency, we shall take action in response to such order.
- Any dispute concerning infringement as set forth in Paragraph 1 shall be settled between the parties concerned at the expense and responsibility of each party. In the event that the Company suffers damages as a result of such disputes, the party responsible for such disputes shall compensate for such damages. If there is more than one party, such parties shall be jointly and severally liable for compensation to the Company.
- Infringements of rights other than copyright shall be handled in accordance with this Article.
Article 23 Optional Usage Fees
- The Service may be used free of charge (excluding communication charges, shipping charges, etc. arising from the use of the Service). However, fees for Creators using the monthly option service (hereinafter referred to as "Option Usage Fees") shall be charged.
- In the event of a change in the optional service fee, SOFTBANK TELECOM will notify the Creator at least one month prior to the scheduled date of the change by a method that SOFTBANK TELECOM deems appropriate. The changed fee structure shall be applied from the first renewal of the contract after the change.
- The Creator shall pay the Option Usage Fee by a valid credit card in his/her own name under his/her control or by any other means of payment approved by the Company.
- If payment is made by credit card, the option fee will be deducted from the member's designated account on the transfer date specified in the credit card company's membership agreement.
- The Company may suspend the use of the Monthly Option Service without prior notice to the Creator in the event that the Company deems that the Creator falls under any of the following circumstances. The Creator shall be charged the full amount of the Option Usage Fee for the month in which the use of the service is suspended.
- Late payment of option usage fees
- In the event that the use of the credit card or other payment method approved by the Company registered as a means of payment for the option usage fee is suspended.
- If the Company recognizes that you have committed an act in violation of these Terms and Conditions.
- If a Creator delays payment of the option usage fee, the Creator shall pay to the Company a late fee calculated at the rate of 14.6% per annum for the number of days from the day following the due date to the payment date. Any transfer fees or other costs necessary for such payment shall be borne by the member.
- Creators may not cancel payment of option usage fees, and the Company shall not be obligated to refund such option usage fees to members for any reason. However, in the event of willful misconduct or gross negligence on the part of the Company, the option usage fee already paid by the Member shall be refunded to the Member at the rate of 1 yen = 1 point using Xfolio points.
Article 24 Warranties and Obligations Concerning Submitted Information, etc.
- Members who post information using the Service shall warrant to the Company that the posted information does not infringe on the rights of any third party.
- In the event of trouble with a third party as a result of information posted by a member, the member shall resolve the matter at his/her own responsibility and expense, and shall not cause any damage to the Company or other users.
- Members shall manage and store posted information at their own risk. The Company will make reasonable efforts to preserve posted information in the operation of the service, but does not guarantee the preservation of posted information.
Article 25 Ownership and Licensing of Intellectual Property Rights
- All rights (including intellectual property rights) related to the posted information belong to the member who created the information (however, if expressly stipulated in the terms and conditions of participation in the contest, the rights may be transferred from the member to the Company).
- Except in the case of the preceding paragraph, all know-how, copyrights, patent rights, trademark rights, design rights, utility model rights, rights under the Unfair Competition Prevention Law (hereinafter referred to as "Intellectual Property Rights"), and other rights (including rights equivalent to Intellectual Property Rights outside Japan and rights similar to Intellectual Property Rights, etc. arising from future amendments to laws and regulations) relating to the Service or any text, images, programs and other information associated with the Service shall belong to the Company or third parties who have licensed the Company to use, exploit or implement such rights. (including rights equivalent to intellectual property rights outside Japan and rights similar to intellectual property rights that may arise in the future as a result of amendments to laws and regulations, etc.) belong to the Company or third parties that have licensed the Company to use, exploit, or enforce these rights.
- The member grants the Company permission (including sublicensing) to use the member's posted information in the following ways
- The Company shall use (including modification to the extent necessary to achieve the purpose of this provision) the information posted by users to the minimum extent necessary for the purpose of operation and advertising of the Service on a free of charge and continuous basis in SNS accounts (Twitter, etc.) owned by the Company and in materials created by the Company for the introduction of the Service. (including modification to the extent necessary to achieve the purpose of this provision).
- The Company shall provide a function to view posted information on the Service and the services designated by the Company (the posted information may be processed according to the display format adopted by the Service and the services designated by the Company, and the Company shall provide the member who posted the posted information with a means to confirm the results of displaying the posted information on the Service and the services designated by the Company and a contact point for inquiries). (The Company will provide the member who posted the information with a means of confirming the results of displaying the posted information on the Service and the services designated by the Company and a contact point for inquiries.)
- Information submitted to the service may be selected at the discretion of the Company, and selected submissions may be critiqued on the service. Members agree to allow the Company to use and critique the submitted information for such selection and critique.
- Members shall not exercise any moral rights with respect to the use, utilization or implementation of posted information within the scope of the permission set forth in the preceding and following paragraphs.
- When the Company performs the acts set out in paragraphs 3 and 4, the Company may omit part of the posted information and names (including pen names, etc.), etc.
Article 26 Monitoring Services
- We and third parties entrusted by us shall have the authority to monitor and investigate whether or not there are any acts of violation of the Terms and Conditions or misconduct by users in using the Service, as long as such acts do not infringe upon the confidentiality of communications.
- For the proper operation of the service, if the Company discovers any postings in the comment and message functions (excluding the inquiry parts) that conflict with the Terms of Use, the Company may implement filtering on such postings for the purpose of terminating the comment and message functions of the member who made such postings, and the member shall confirm and consent to such implementation in advance. The member confirms and agrees in advance to such filtering.
Article 27 Automatic Translation Function
- (1) The Company shall provide the User with a function to automatically translate Japanese text, etc. designated by the Company in advance into a foreign language on the Service (hereinafter referred to as the "Translation Function", and the translated text, etc. into a foreign language is referred to as the "Translated Text"). The foreign language that the user can select is the one specified by the Company in advance on the Service. The foreign language that the user can select is limited to the foreign language separately designated by the Company.
- The User agrees in advance that the Translated Text is for the User's reference only and that the Company does not guarantee the accuracy, validity, or any other aspect of the Translated Text to the User, and the User shall use the Translation Function at its own responsibility. Therefore, unless otherwise expressly stipulated, the Company shall not be liable for any dispute arising out of or in connection with the use of the Translation Function by the User.
- The User agrees in advance that even if the User makes an inquiry to the Company regarding the Translated Text, the Company shall not be obligated to respond to such inquiry.
Article 28 Disclaimer
- The Company will not be involved in transactions between users (including between users and third parties) in the Service. If any disputes arise between users (including between users and third parties) as a result of such transactions, the parties involved shall resolve the dispute, and the Company shall not bear any responsibility for such disputes. However, if the Company deems it necessary, the Company may intervene in the resolution of such disputes at its discretion.
- The Company may, at its discretion, modify, suspend or terminate the Service (including APIs, SDKs, etc. distributed in the Service. The same applies hereinafter in this Article) at any time without prior notice to the User. Furthermore, the Company shall not be obligated to compensate or indemnify any damages, etc. caused by such modifications, etc.
- We shall not be liable for any damages incurred by you or any third party due to delays or stoppages in the provision of the Service for any of the following reasons, except as provided in the Terms and Conditions.
- When performing maintenance of the equipment for the Service or other reasons such as failure, maintenance, or maintenance of the equipment or systems used by the Company.
- In the event that the Service cannot be provided due to force majeure (including but not limited to war, civil commotion, riot, civil commotion, labor dispute, fire, earthquake, flood, tsunami, etc.)
- In the event of slow display speed or failure due to excessive access or other unforeseen factors
- If a security problem arises that cannot be prevented by reasonable measures, etc.
- In any other cases where we deem it necessary to temporarily suspend the Service.
- The Company shall not be obligated to make any warranty or take any action with respect to the accuracy, usefulness, reliability, accessibility, fitness for a particular purpose, etc. of the Service or the absence of infringement of rights of third parties.
- Users shall use the Service or information obtained through the Service at their own risk and shall not violate the laws and regulations of the countries in which they use the Service, and the Company shall not be liable for any violation of such laws and regulations by users.
- Although we will endeavor to provide users with an appropriate payment environment within reasonable limits, we do not guarantee that there will be no payment mishaps. In addition, we are under no obligation to make improvements to the Service.
- The Company is under no obligation to manage or store any posted information submitted by members.
- The Company does not guarantee or assume responsibility for the truthfulness, legality, or accuracy of information posted by members.
- In the following cases, the Company may inspect, investigate, store, and disclose to third parties (hereinafter referred to as "inspections, investigations, etc." in this section) the relevant posted information, as long as the confidentiality of communications is not infringed. The Company shall not be liable for any damages incurred by the member as a result of such inspection, investigation, etc.
- When the Company sends an e-mail to the registered e-mail address of a member who has posted information to request consent for viewing, etc., and the member consents to viewing, etc., in the e-mail to the Company, or when the member's e-mail response does not reach the Company's mail server within 7 days after the Company sends an e-mail to the member requesting consent for viewing, etc. If the member's e-mail response does not reach the Company's mail server within 7 days of the Company's sending of the e-mail requesting consent, etc.
- When necessary to investigate the cause of a problem with the service and to respond to such problem, etc.
- When we receive an inquiry from a public institution in accordance with laws and regulations.
- When the Company determines that an act in violation of the Terms and Conditions or an act with the potential to be in violation of the Terms and Conditions has been committed.
- When we deem it urgently necessary due to an imminent danger to the life, body, or property of a person.
- In other cases where the Company deems it necessary
- If the Company has reasonable grounds to suspect that a member has committed or may commit an act in violation of the Terms and Conditions, the Company may delete the account of the member who has committed such an act, delete all or part of the posted information, or change the scope of publication. The Company shall not be liable for any damages incurred by the member as a result of such actions.
- Notwithstanding the provisions of the preceding paragraphs and other disclaimers of the Company set forth in the Terms and Conditions, if the contract between the Company and a user regarding the Service (including the Terms and Conditions) is a consumer contract as set forth in the Consumer Contract Act, the Company's disclaimers of liability shall be as set forth in each of the following items.
- (2) The Company shall not be liable for any special damages (including damages that the Company or the User foresaw or could have foreseen) arising out of default or tort caused by the negligence (excluding gross negligence) of the Company.
- In the event that the User suffers damages due to reasons attributable to the Company, the Company shall, except in the case of willful misconduct or gross negligence on the part of the Company, compensate the User within the normal and direct scope of damages actually incurred by the User, and up to the total amount of option usage fees paid by the User to the Company during the year prior to the occurrence of such damages (up to an amount equivalent to one month's option usage fees for users who have not yet incurred such fees). (In the case of a user who has not incurred any option usage fees, the amount equivalent to one month's worth of option usage fees shall be the maximum amount of compensation.
- Unless otherwise expressly stipulated, the Company shall not be liable for any information exchanged with other members, etc. through the Service, or for any actions taken in conjunction with such exchanges.
- In the event that the Company's liability is not specifically stipulated in the Terms and Conditions, and the User suffers damages due to reasons attributable to the Company, the Company shall compensate the User up to the total amount of the option usage fees paid by the User to the Company during the one-year period prior to the occurrence of such damages, except in cases of willful misconduct or gross negligence on the part of the Company. (In the case of a user who has not incurred any option usage fees, the maximum amount of compensation shall be the equivalent of one month's worth of option usage fees.
Article 29 Prohibition of Transfer of Usage Rights, etc.
The Creator may not transfer, allow a third party to use, or offer as collateral, etc. the right to use the Services without the prior written consent of the Company.
Article 30 Exclusion of Antisocial Forces
- The User represents and warrants that during the period of use of the Service, the User will not be a member of a crime syndicate, a person for whom five years have not passed since he/she ceased to be a member of a crime syndicate, a quasi member of a crime syndicate, a member of a company affiliated with a crime syndicate, a general meeting house, a socially motivated crime syndicate, a special intelligence crime syndicate or any other similar group (hereinafter referred to as "anti-social forces, etc.") (iii) The Company represents and warrants that it does not fall under the category of "Anti-Social Forces, etc." and that it does not cooperate or participate in the maintenance, operation or management of Anti-Social Forces, etc. by providing funds or otherwise interacting or participating in any way in the activities of Anti-Social Forces, etc.
- During the period of use of the Service, the User represents and warrants to other Users and to the Company that the User will not commit any of the following acts by itself or through the use of a third party
- Violent or threatening language or behavior
- Unreasonable demands beyond the scope of legal responsibility
- (iii) Acts of spreading rumors, using deceptive means or force to damage the other party's credibility or obstruct its business.
- Other acts similar to the preceding items
Article 31 Notification or Communication
- When giving notice, etc. to a user, the Company will notify the user by posting the notice on the Service, by using the notice function on the Service, by sending a registered e-mail address, or by any other method designated by the Company. In the case of notices, etc. posted on the Service (except in the case of Article 28.9.1), they shall take effect 48 hours after posting, and in the case of notices, etc. by other means, they shall take effect when the Company sends them to the user.
- If the User needs to contact or inquire with the Company, the User shall use the inquiry form of the Service or the method designated by the Company, and shall not make inquiries by telephone or in person. In the event of such contact or inquiry, the Company may verify the identity of the user in a manner determined by the Company. In addition, the Company may use any method it deems appropriate for responding to inquiries, and the user may not determine the method of response.
- Except as required by laws and regulations in Japan, we will not disclose or leak to any third party other than the user any personal information of the user that we learn in connection with the provision of the Service, and will not use such information beyond the scope necessary for the provision of the Service.
- We shall not disclose to any third party any e-mail communication history or posted information, except as described in the following paragraph.
- We may disclose the subject information without the user's consent in the event of a search and seizure warrant, inquiry from a public agency, or as otherwise required by law.
Article 32 Severability
- Even if some of the provisions of the Terms and Conditions are determined to be invalid under the law, the other provisions of the Terms and Conditions shall remain valid.
- If any provision of these Terms and Conditions is held invalid or revoked in relation to one User, these Terms and Conditions shall remain valid in relation to all other Users.
Article 33 Transfer of Business, etc.
- In the event that the Company transfers the business pertaining to the Service to a third party, or there is an organizational restructuring such as a corporate split or merger (hereinafter referred to as "Business Transfer, etc."), the Company's contractual status under the Service Agreement and the information provided by the User to the Company when using the Service shall be transferred to such third party. The Company may transfer the contractual status of the Company under the Service Agreement and information provided by the User to the Company in using the Service to the third party.
- In the case of the preceding paragraph, the user shall consent to the business transfer, etc. without objection in advance.
- In conjunction with the transfer of the business, etc., we may transfer the claims against the user to a third party, and the user agrees in advance that the user's personal information, etc. will be provided to such third party in conjunction with the transfer of such claims.
Article 34 Discontinuation of the Services
- The Company may discontinue all or part of the Service at any time at its discretion.
- In the event of partial or total discontinuation of the Service, the Company shall give notice or notification to users at least three months prior to the discontinuation of the Service by an appropriate method. However, if the Company is unable to give at least three months' notice or notification due to unforeseeable circumstances, such as the establishment, revision, or abolition of laws and regulations, or natural disasters, the Company will give notice or notification to members as promptly as possible.
- When notice or notification has been given in accordance with the procedures set forth in this Article, the Company shall not be liable for any consequences of the discontinuance of the Service.
Article 35 Governing Law and Court of Jurisdiction
- The Terms and Conditions and the Service Agreement shall be governed by the laws of Japan.
- In the event that a lawsuit becomes necessary between a user and the Company, the Tokyo Summary Court or the Tokyo District Court shall have exclusive jurisdiction as the court of first instance, depending on the amount of the suit.
Article 36 Miscellaneous
- The Company is not obligated to confirm the accuracy or legality of information posted by members on the Service, nor does it guarantee or assume any responsibility for the accuracy or legality of information posted by members.
- We and our affiliates will not use all or part of posted information as learning data for AI that generates content without the prior consent of the member who posted it.
Supplementary provisions
These Terms will also apply to any actions taken by the User prior to the enforcement of these Terms.
Effective February 1, 2022
Revised on March 7, 2023
Last updated: April 20, 2023
Revised on August 7, 2023
Revised on August 30, 2023