Individual Terms of Use for the Fan Community Function

Article 1 Introduction

These Specific Terms and Conditions shall apply to any and all actions taken by Members when using the "Fan Community Function" (meaning their own fan community function established by the Creator) on "Xfolio". 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 Fan Community feature, Members are deemed to have agreed to all of the terms and conditions contained in 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

Terms used in these Specific Terms and Conditions are defined as follows

"Portfolio" means a page where you post your own works, etc.
"Fan Community" means a page for supporters (as defined in Item 3 of this Article) opened in Portfolio by Creators in the Fan Community function.
Supporter" means a member who is enrolled in a support plan (as defined in Section 4 of this Article).
Support Plan" shall mean the plan for the Support Payment (as defined in Item 5 of this Article) set independently by the Creator. (In addition, "Monthly Plan" in the Fan Community function shall mean the Support Plan.
The "Support Fee" means the fee charged for subscribing to the Support Plan (however, such fee differs for each Creator and is not charged if the plan is set at zero (0) yen). In the case of the Fan Community function, "Monthly Plan Fee" shall mean the Support Fee.
Content" means illustrations, text and any other information.
Posting Data" means any content that a Member posts (including comments, etc.) or posts in the Fan Community.
Community Postings" means the content posted or posted by Creators to the Support Plan among the Submission Data.
Service Usage Fee" means the amount calculated based on the Support Payment according to a formula determined separately by the Company (such formula is set forth in the "Frequently Asked Questions" section of 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" refers to the amount of support money less service usage fees and commissions.

Article 3. Use of Fan Community Functions and Creator's Responsibility

All responsibility for posted data (including responsibility for storage of posted data) belongs to the Creator who posted the relevant data. The Company shall not be responsible for any data posted by Creators.
In the event that the Company or other Supporters point out that posted data corresponds to the contents of the postings stipulated in Article 10 of these Specific Terms and Conditions, the Creator shall, at its own responsibility and expense, take appropriate measures such as suspending the distribution of the posted data.
In the event that a Creator needs to modify a community posting, he/she shall do so promptly and at his/her own risk. The Company shall not be held liable for any disadvantages incurred by supporters due to the Creator's failure to correct community postings.
Creators may not use the Fan Community feature to engage in interactions that are not directly related to the content of the community postings on the support plan.

Article 5 About Supporters

Members may become supporters by subscribing to a support plan determined by the Creator in a manner prescribed by the Company.
Supporters acknowledge in advance that the support money is compensation for subscribing to the support plan and is not compensation for being able to view or download community posts, etc. Therefore, the supporter cannot request the creator to cancel the support or refund the support money due to the content of the support plan or the content of the community post. However, this shall not apply if the Company approves, and in such a case, the Company shall use Xfolio points to refund the amount equivalent to the support amount to the supporter.
Supporters shall confirm and understand in advance that the Company assumes no responsibility for community postings, etc.

Article 6 Obligations of Supporters

Supporters shall understand and comply with the contents of the Terms and Conditions and related laws and regulations when using the Fan Community function.
Supporters shall warrant to the Company that the submitted data does not infringe on the rights of any third party. In the unlikely event that any dispute arises with a third party, such as infringement of a third party's rights by posted data, the Supporter shall resolve the issue at its own responsibility and expense, and shall not cause any damage to the Company.
Supporters are obligated to make every effort to maintain the quality and image of the fan community function, and if there is any possibility that the quality or image may be damaged, they must promptly terminate the contract for the fan community function to which they subscribe or delete the posted data.
In providing support, the supporter must fulfill the following obligations
1. To understand the contents of the explanation about the support plan, etc., prior to the support
2. Payment of support (including consumption tax)
Supporters shall pay the support fee by the payment method determined by the Company. In the case of payment by credit card, only credit cards in the name of the Supporter may be used, and the terms and conditions of use of credit card companies, etc. shall be followed.
Supporters agree in advance that they cannot immediately view or download the support plan or community postings they have supported due to deletion or privatization, and cannot file any objections or claims for refund with the Creator or the Company.
If a Supporter causes damage to other Supporters or third parties, the Supporter shall settle the matter at his/her own responsibility and expense and shall not cause any damage to the Company.

Article 7 Obligations of Creators

Creators shall comply with the Terms and Conditions and various laws and regulations when opening and using the Fan Community.
In operating the fan community, creators must register the information specified by the Company necessary to identify the business operator in Portfolio.
Creators are obligated to make every effort to maintain the quality and image of the fan community function, and if there is any possibility that the quality or image of the fan community function may be damaged, Creators must promptly terminate the contract related to the fan community function or delete the posted data.
The Creator shall be responsible for collecting the support funds from the Supporters at the Creator's own risk.
Creators must comply with the obligations, etc. as a business operator handling personal information stipulated in the Act, regardless of whether or not the Creator is a business operator handling personal information under the Act.
In the event that a Creator causes damage to another Supporter or a third party, the said Creator shall settle the matter at his/her 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 violation of the Terms and Conditions or an illegal or dishonest act, the Creator shall immediately compensate the Company for such damage.
Creators shall, at their own expense and responsibility, provide necessary support to Supporters on how to download Community Submissions.
If a Creator receives an objection, claim, request, etc. (hereinafter referred to as "Objection, etc.") from a Supporter regarding the Fan Community function, the Creator shall resolve such objection, claim, request, etc. without delay. In addition, if you receive a request from the Company to make improvements to changes in posted data, etc., you must make those improvements promptly.
In the event that the Creator receives a refund request from a Supporter in response to an objection, etc. described in the preceding paragraph, and if the Company deems the refund to be appropriate, the Creator shall promptly respond to the refund request.

Article 8 Creation of Support Plan and Establishment of Support Funds

When using the fan community function, Creators shall create a support plan and set the support amount according to the method prescribed by the Company. In the event that multiple support plans are created, a different support amount must be set for each support plan.
The Creator acknowledges in advance that if there is a support plan with a lower support amount setting than the support plan to which the Supporter has subscribed, the Supporter may also view the fan community of the support plan with a lower support amount setting.

Article 9 Submission

Creators may select the support plan to which they wish to contribute for each community posting.
Creators and Supporters shall not post prohibited information as stipulated in the Terms and Conditions. If the Company deems that any information falls under the Prohibited Information, the Company may request the Creator or Supporters to modify or delete all or part of the relevant posting, and the Creator or Supporters shall comply with such request.

Article 10 Prohibited Acts

In addition to the provisions of the Common Terms, Creators shall not engage in any of the following acts when using the fan community 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 use of the store function, or delete all or part of the data related to the fan community, etc., against such Creator.
1. Acts of using trademarks, etc. that are the same as or confused with trademarks, etc. owned by the Company or a third party
2. Posting data for which the Creator does not have the rights
3. Creating a support plan with contents that are clearly different from the actual situation when creating a support plan in the fan community function.
4. Delaying or ignoring a response to a communication from the Company or a Supporter to which the Company or the Supporter is obligated to respond, without justifiable reason.
If the Creator violates the preceding article and causes damage to the Company or other members, the Creator shall be obliged to compensate for such damage.

Article 11 Monitoring and Investigation of Fan Community Functions by the Company

The Company and third parties entrusted by the Company may monitor and investigate the contents of posted data for the purpose of confirming compliance with laws and regulations and to ensure that posted data in violation of the Agreement is not used in the fan community function.

Article 12 Term, Renewal and Termination of Contract

The contract period of the Support Plan shall be the first month from the day the Supporter subscribes to the Support Plan to the last day of the same month. From the following month onward, the contract period shall be one month from the first day of each month to the last day of the month, and the contract period shall be automatically renewed each month until the Supporter requests otherwise in accordance with the following paragraph.
If a supporter wishes to cancel the support plan, he/she may do so by following the procedures prescribed by the Company by the day before the last day of the month preceding the month in which he/she wishes to cancel. The Support Fee for the month prior to the desired month of cancellation shall accrue for one month, and the Supporter may not request a pro-rata refund of the said fee.
The supporter shall pay the support fee to be subscribed by the last day of the previous month.
If a supporter delays payment of the support payment (including cases where the payment procedure is not completed due to credit card errors, etc.), such supporter shall automatically be deemed to have terminated the contract.

Article 13 Termination of Support Plan

The Creator may terminate the contract with the Supporters of the relevant support plan without obtaining the consent of the Supporters by deleting the support plan in accordance with the procedures prescribed by the Company.
If the Company deletes the account of a Creator, the support plan to which the Supporter has subscribed will be automatically cancelled. In addition, the Company may take measures such as deleting or making private all of the community postings, etc. made by the Creator in connection with such termination.

Article 14 Payment of Sales to Creators

クリエイターは、当社又は当社の指定する第三者に対し、購入者がクリエイターから購入した本件商品の代金の代理受領権限を予め授与するものとします。
The Creator may terminate the contract with the Supporters of the relevant support plan without obtaining the consent of the Supporters by deleting the support plan in accordance with the procedures prescribed by the Company.
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 support payment is made by a supporter during the said period.
Notwithstanding the preceding paragraph, the Company may withhold the determination of Creator sales in the event that a Supporter files an objection to the Company after payment of the Support Payment by the Supporter. The month in which the objection is resolved shall be the month in which the sales are determined.
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 the consumption tax on the support payment. In addition, upon payment of Creator Sales, the transfer fee set forth in the following paragraph shall be deducted from the payment.
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.