Paid work function separate agreement
Article 1 Introduction
- These Individual Terms of Use shall apply to all acts when members use the "paid work function" (meaning the function that allows you to purchase the right to view paid works (defined in the next article)) on "Xfolio". will be Unless otherwise defined in these Individual Terms of Use, the terms used in these Individual Terms of Use shall be the same as those defined in the Master Terms of Use.
- By using the paid works feature, members are deemed to have agreed to all the terms and conditions of this individual agreement.
- 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" refers to the page where Creators post their works in the paid works function.
- Paid Work" means a work created by a Creator that is sold for a fee on Portfolio (including the description of the work). The term "Submission Information" in the Common Terms and Conditions shall include information regarding paid works.
- Purchaser" means a Member who purchases a paid work sold by the Creator.
- The "Settlement Amount" means the consideration for the right to view a paid work set by the Creator within the range of between 10 yen and 500 yen.
- 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 Paid Work Functions and Creator's Responsibility
- Liability for paid works belongs to the Creator. The Company assumes no responsibility for paid works.
- If a Creator receives a notice from a Member or the Company that a paid work falls under the Prohibited Information or is defective in any way, the Creator shall promptly take appropriate measures at his/her own responsibility and expense.
- In the event of any changes to a paid work, the Creator shall promptly take appropriate action in accordance with the method specified 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 his/her own responsibility and expense, and shall not cause any damage to the Company.
- Creators may not engage in any communication related to or utilizing the paid work function that is unrelated to the paid work.
Article 4 Obligations of Members
- Members shall understand and comply with the contents of the Terms and Conditions and related laws and regulations when using the paid works function.
- The Member acknowledges in advance that the payment amount is compensation for being able to view the paid works within the Creator's Portfolio and that the data cannot be downloaded. The Member may not demand a refund of the payment amount from the Creator for reasons such as image quality of the paid works, data size after purchase, or data integrity. However, this shall not apply in cases where the Company deems it appropriate.
- Members must fulfill the following obligations when using the paid works feature
- Pay the settlement amount (including consumption tax) upon understanding the nature of the paid work described in the preceding paragraph.
- To view the paid works as soon as possible after purchase.
- Members shall pay the settlement amount using the payment method specified by the Company. If a credit card is used to pay the settlement amount, only credit cards in the name of the supporter may be used, and the terms and conditions of the credit card company, etc. shall be followed.
- Members agree in advance that their paid works will immediately become unavailable for viewing due to deletion or non-publication, and they may not file any objection or claim for refund 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
- Creators shall understand and comply with the contents of the Terms and Conditions and related laws and regulations when using the paid works function.
- In order to use the paid works function, Creators must register the information specified by the Company necessary to identify the business within Portfolio.
- The Creator warrants to the Company that the paid works and information, etc. (hereinafter referred to as "the Information, etc.") provided on Portfolio do not infringe the rights of any third party. In the event that the Creator violates such guarantee and a dispute arises with a third party, the Creator shall deal with such dispute at its own responsibility and expense, and shall not cause any damage to the Company.
- When a Creator receives an inquiry about a paid work from a Member, the Creator must take the necessary action without delay.
- If a defect is found in a paid work purchased by a purchaser, the Creator must promptly notify the purchaser of the defect (in principle, the Creator shall notify the purchaser individually via the inquiry thread, but if the inquiry thread is unavailable after 60 days from the date of purchase of the paid work, the Creator shall notify the purchaser via the sales page of the paid work). (In principle, the Company shall notify the purchaser individually through the inquiry thread.)
- Creators shall be obligated not to degrade the image of said function by using the paid work function, and if there is a possibility of a breach of said obligation, the Creator shall promptly stop the sale of the paid work, etc.
- The Creator shall be obligated to immediately refund any money to the Buyer in the event that the sale, etc. of a paid work is cancelled due to a defect in the paid work, etc., and the Creator needs to refund the money to the Buyer.
- In the event that a Creator sells a paid work to a Member on Portfolio, the Creator shall be responsible for collecting payment for such sale and shall be liable for the content of the paid work.
- 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 paid works function, the 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 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. on how to view the paid works.
- If a Creator receives any objection, claim, demand, etc. (hereinafter referred to as "Objection, etc.") from a Buyer with respect to a paid work sold to the Buyer, the Creator shall resolve such objection, claim, demand, etc. without delay. In addition, if the Creator is pointed out by the Company to improve the Paid Work or the sales method, etc., the Creator shall promptly take the necessary measures in response to such point of view.
- In the event that the Creator receives a request for a refund of a paid work from the purchaser in response to an objection, etc. described in the preceding paragraph, the Creator shall promptly take appropriate measures.
Article 6. Prohibited Works
Creators shall not post prohibited information as stipulated in the Terms and Conditions when using the paid works function. If the Company deems that a Creator's submission corresponds to prohibited information, the Company may request the Creator to modify or delete all or part of the said submission, and the Creator shall comply with such request.
Article 7 Prohibited Acts
- In addition to the provisions of the Common Terms, Creators shall not engage in any of the following acts when using the paid works 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 use of the Service, or delete all or part of the paid works or data related to the paid works, etc.
- Acts of using trademarks, etc. that are the same as or confused with trademarks, etc. owned by the Company or a third party
- Selling paid works for which the Creator does not have the rights.
- Acts of selling paid works that are clearly different from the posted contents in the sale of paid works in the paid work function
- 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 paid works 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 paid works shall be deducted from the member's designated account on the transfer date specified in the membership agreement of the relevant credit card company.
Article 9 Cancellation of Paid Works
- Once a purchaser has completed the purchase of a paid work, neither the purchaser nor the creator may cancel said purchase, except as permitted by the Company.
- In the event that the Company grants cancellation of the purchase of a paid work, the Company shall cancel the Buyer's payment, but shall not cancel the Buyer's payment, and shall pay the Buyer the equivalent of such payment using Xfolio points.
- Creators and purchasers shall not cause any damage to the Company as a result of the cancellation of the purchase of a paid work.
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 payment for paid works purchased by the Buyer from the Creator on behalf of the Company or a third party designated by 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 if a valid payment of the settlement amount is made by a member during the said period, it will be determined on the 15th of the following month.
- Notwithstanding the provisions of the preceding paragraph, in the event that the Company receives an objection from the purchaser after the purchaser has paid the settlement 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 settlement amount. In addition, upon payment of Creator Sales, the Creator shall deduct the transfer fee stipulated in the next section.
- 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 7, 2023.
Any actions taken by the member prior to the effective date of this agreement will also be governed by this agreement.