Individual Terms of Use for the Full Size Download Function
Article 1 Introduction
- These Specific Terms and Conditions shall apply to all actions taken by members when using the "Full-Size Download Function" (a function that enables the purchase of Full-Size Download Files (defined in the following article)) on "Xfolio." Unless otherwise defined in these Specific Terms and Conditions, terms used in these Specific Terms and Conditions shall have the same definitions as those used in the Common Terms and Conditions. Unless otherwise defined in these Specific Terms, terms used in these Specific Terms shall have the same definitions as in the Common Terms.
- By using the full-size download function, members are deemed to have agreed to all of the terms and conditions of these Specific Terms and Conditions.
- Matters not specified in these Specific Terms and Conditions shall be governed by the Common Terms and Conditions as well as guidelines separately established by the Company, unless the Specific Terms and Conditions expressly exclude the application of such guidelines.
Article 2 Definitions
The meanings of terms used in these Specific Terms and Conditions shall be as set forth in the following items. Unless otherwise specified in these Specific Terms and Conditions, they shall have the same meaning as in the Common Terms and Conditions.
- "Portfolio" means a page where creators post works created by themselves in the full-size download function.
- "Work" refers to a work (including illustrations, manga, explanations, etc.) created by the creator himself/herself that is posted in Portfolio. In addition, "posted information" in the common agreement shall also include information related to the work.
- A "full-size download file" is a file that is the size of the data at the time of submission of the work in question. The "Posting Information" in the Common Terms and Conditions shall also include information regarding the full-size download file (including the file attached to the full-size download file, if any).
- Purchaser" means a Member who has purchased a full-size downloadable file sold by the Creator.
- The "Download Amount" means the amount set by the Creator in the range of 0 yen, 100 yen or more but less than 100,000 yen for the sale of the full-size downloadable file of the relevant Work.
- Additional Support" is defined as the act of paying an additional amount (up to 100,000 yen including tax) on top of the regular download amount, as determined by the Member.
- Settlement amount" means the total of the download amount and additional support amount.
- Service Usage Fee" means the amount calculated based on the settlement amount using a formula determined separately by the Company (as described in the FAQs within the Service).
- Commission" means the amount of money charged by the Company to the Creator in the event of any violation of law, breach of the Terms and Conditions, overdraft, chargeback, refund and any other fees.
- Creator Sales" means the amount of payment minus service usage fees and commissions.
Article 3. Use of Full-Size Download Function and Creator's Responsibility
- The responsibility for the Work belongs to the Creator. The Company assumes no responsibility for this work.
- If a Creator receives a notice from a Member or the Company that a Work falls under the Prohibited Information or is defective in any way, the Creator shall promptly take appropriate measures at its own responsibility and expense.
- In the event of any changes to the Work or the full-size downloaded file, the Creator shall promptly take appropriate measures to respond to such changes in a manner determined by the Company. In the event that a Creator causes any disadvantage to a Member by failing to make such changes, the Creator shall deal with such disadvantage at its own responsibility and expense, and shall not cause any damage to the Company.
- The Creator may not engage in any communication unrelated to the Work or the Full-Size Download File in connection with or using the Full-Size Download function.
Article 4 Obligations of Members
- Members shall understand and comply with the Terms and Conditions and related laws and regulations when using the full-size download function.
- The Member acknowledges in advance that the download amount is compensation for the purchase and download of a full-size download file and does not guarantee higher image quality or more detailed data, etc. Therefore, the Member shall not demand a refund of the download amount on the grounds of image quality or data size after downloading. Therefore, the Member may not demand a refund of the download amount from the Creator for reasons such as image quality or data size after downloading. However, this shall not apply in cases where the Company deems it appropriate to do so.
- Members must fulfill the following obligations when using the full-size download function.
- Purchase with an understanding of the nature of the full-size downloadable file described in the preceding paragraph.
- Payment of the download amount (including consumption tax)
- Download the full-size download file as soon as possible after purchase.
- Members shall pay the download amount using the payment method determined by the Company. If a credit card is used to pay for the download, only credit cards in the name of the Supporter may be used, and the terms and conditions of use of the credit card company, etc. shall be followed.
- The Member agrees in advance that the Work or the full-size downloadable file cannot be immediately viewed or downloaded due to deletion or nondisclosure, and the Member may not file any objection or claim for refund, etc. with the Creator or the Company.
- If a member causes damage to another member or a third party, the member shall be responsible for resolving the matter at his/her own expense and shall not cause damage to the Company.
Article 5 Obligations of Creators
- The Creator shall understand and comply with the contents of the Terms and Conditions and related laws and regulations when using the full-size download function.
- When using the full-size download function, creators must register the information specified by the Company necessary to identify the business operator in Portfolio.
- The Creator guarantees to the Company that the information contained in the Works, full-size download files, and Portfolio (hereinafter referred to as "Information, etc.") does not infringe the rights of third parties. In the event that a creator violates this guarantee and causes a dispute, etc. with a third party, the creator shall deal with it at their own responsibility and expense, and the Company shall not cause any damage.
- If the Creator receives an inquiry from a Member about the Work or a full-size downloadable file, the Creator must respond as necessary without delay.
- When a defect is found in a full-size download file purchased by a purchaser, the Creator shall promptly notify the purchaser of such fact (in principle, the Creator shall notify the purchaser individually through the inquiry thread, but if the inquiry thread is unavailable after 60 days from the date the full-size download file was purchased, the Creator shall notify the purchaser through the sales page of the full-size download file). (In principle, the Company shall notify the purchaser individually through the inquiry thread, but if the inquiry thread cannot be used after 60 days from the date of purchase of the full-size download file, the Company shall notify the purchaser through the sales page of the full-size download file.)
- The Creator shall be obligated not to degrade the image of said function by using the full-size download function, and shall promptly suspend the sale of full-size download files, etc., if there is a possibility of a breach of said obligation.
- The Creator shall be obligated to immediately refund the money when the sale, etc. of a full-size downloadable file is cancelled due to a defect in the full-size downloadable file, etc. and the Creator needs to refund the money to the purchaser.
- If the creator sells full-size download files to members in Portfolio, the creator shall be responsible for collecting the payment for the sale, etc., and shall be responsible for the contents of the full-size download file.
- Creators must comply with the same obligations as business operators handling personal information as set forth in the Personal Information Protection Law.
- In the event that a Creator causes damage to other Members or third parties due to reasons attributable to the Creator in relation to the use of the full-size download function, the Creator shall settle the matter at its own responsibility and expense and shall not cause any damage to the Company.
- In the event that a Creator causes damage to the Company due to an act in breach of the Terms and Conditions or an illegal or dishonest act, the Creator shall immediately compensate the Company for such damage.
- The Creator shall, at its own responsibility and expense, provide the Purchaser with necessary support, etc. with respect to the method of downloading full-size downloadable files.
- If a Creator receives an objection, claim, demand, etc. (hereinafter referred to as "Objection, etc.") from a purchaser with respect to a full-size downloadable file sold to the purchaser, the Creator shall resolve it without delay. In addition, if Creator receives a suggestion for improvement from the Company with respect to the Full-Size Download File or the sales method, etc., Creator shall promptly take the necessary measures in response to said suggestion.
- (2) The Creator shall promptly take appropriate measures in the event that the Purchaser requests a refund of the full-size downloadable file in response to the objection, etc. described in the preceding paragraph.
Article 6. Prohibited Works
Creators shall not post prohibited information as stipulated in the Terms and Conditions by the Company when using the full-size download function. If the Company deems that a Creator has posted prohibited information, the Company may request the Creator to revise or delete all or part of the relevant posting, and the Creator shall comply with such request.
Article 7 Prohibited Acts
- In addition to the provisions of the Common Terms and Conditions, Creators shall not engage in any of the following acts when using the Full-Size Download function. If a Creator commits any of the following acts, or if the Company deems that a Creator commits any of the following acts, the Company may delete the account, suspend the Service, or delete all or part of the data relating to the Work or the full-size download file.
- Acts of using trademarks, etc. that are the same as or confused with trademarks, etc. owned by the Company or a third party
- (iii) Acts of selling, etc. the Work and full-size downloadable files for which the Creator does not have the rights.
- (iii) In selling full-size download files through the full-size download function, acts such as selling full-size download files that are clearly different from the content of the posted content.
- Delaying or ignoring responses to communications from the Company or other purchasers with whom the Company has transactions, without justifiable reason.
- If the Creator violates the preceding paragraph and causes damage to the Company or other members, the Creator shall be obligated to compensate for such damage.
Article 8 Method of Payment
- Members shall pay for the purchase of the Products using a valid credit card under their control or other payment method information determined by the Company as a means of payment.
- If payment is made by credit card, the payment for the purchase of the Product shall be debited from the member's designated account on the transfer date specified in the credit card company's membership agreement.
Article 9 Cancellation of Purchase of Full-Size Downloadable File
- After the Purchaser has completed the purchase of a full-size downloadable file, neither the Purchaser nor the Creator may cancel such purchase or additional support, unless otherwise permitted by the Company.
- If we allow the cancellation of the purchase of the full-size download file, we will cancel the purchaser's payment and Xfolio points. shall pay the person
- The Creator and the Purchaser shall not cause any damage to the Company as a result of the cancellation of the purchase of full-size downloadable files and additional support.
Article 10 Payment of Sales to Creators
- The Creator shall grant the Company or a third party designated by the Company the authority to receive the payment for the Work purchased by the Purchaser from the Creator and the additional support amount on behalf of the Company in advance.
- Creators shall apply for the transfer of Creator Sales in the manner prescribed by the Company.
- The Company will pay Creator Sales to the Creator by way of remittance to the account registered by the Creator at the time of application for remittance (hereinafter referred to as the "Registered Account").
- Creator sales will be determined for the period from the 1st to the last day of each month, and will be finalized on the 15th of the following month if a valid download amount is paid by the member during the said period.
- Notwithstanding the preceding paragraph, in the event that the Company receives an objection from the Purchaser after the Purchaser has paid the download amount, the Company may withhold the finalization of Creator Sales. Such sales shall be for the month in which the objection is resolved.
- After receiving a request for money transfer, the Company shall remit the amount to the registered account within 7 business days (based on the Company's business days, excluding Saturdays, Sundays, national holidays, and Company-designated holidays). If the amount exceeds 1,000,000 yen, a separate request for transfer shall be made on or after the following day.
- In the event that no application for money transfer is made within 180 days from the date of accrual of Creator Sales (including such accrual date), the full amount of Creator Sales accrued as of the expiration of 180 days shall be paid by wire transfer to the registered account within 7 business days (excluding Saturdays, Sundays, holidays and Company-designated holidays). However, if the amount of Creator Sales to be paid exceeds 1,000,000 yen, the excess amount shall be paid on or after the following day.
- The Creator Sales shall include the amount equivalent to consumption tax on the download amount. In addition, the payment of Creator Sales shall be made after deducting the bank transfer fee stipulated in the following paragraph.
- The transfer fee is 200 yen if the total amount of creator sales to be remitted is less than 30,000 yen, and 300 yen if the total amount is 30,000 yen or more. Please note that the transfer fee will be charged for each transfer application.
- In the event that a Creator's sales cannot be transferred due to an incomplete account information registered by the Creator, the Company shall not process the transfer until the correct information is provided, and the Company shall not be liable for any damages incurred by the Creator as a result.
- In the event that the Company is unable to complete the transfer procedures for Creator Sales pursuant to the preceding paragraph, the Company shall be deemed to be discharged from its obligation to pay such Creator Sales after 180 days have elapsed from the date on which the Creator Sales occurred (including the date of such occurrence).
- If the payment date falls on a holiday of the Company or a financial institution, the payment shall be made on the next business day.
- In the event that the Company overpaid Creator Sales to a Creator due to a system malfunction or any other reason, the Creator shall be obligated to immediately return said overpaid amount to the Company regardless of the reason.
- In addition to applying for transfer to a registered account, creators can use creator sales to purchase the equivalent amount of Xfolio points and BookLive points.
Supplementary provisions
This Agreement will go into effect on February 1, 2022.
Any actions taken by members prior to the effective date of this agreement will also be governed by this agreement.