These LINE Creators Market Terms and Conditions of Use (these "Terms and Conditions") set forth the terms and conditions for the use of the LINE Creators Market (the “Services”) provided by LINE Corporation ("LINE") to users of the Services (the "Creator" or "Creators" depending upon the context).
The following words and terms shall have the meanings set forth below when they are used in these Terms and Conditions.
1.1. "Materials" means images, text and any other materials used to produce Contents.
1.2. "Contents" means digital content, such as stickers, which may be used in internet communication services operated by LINE under the brand name "LINE" and its related services (collectively, "LINE Services"), using Materials and Programs.
1.3. "Programs" means application software, computer programs, code, template materials, and any other materials and information provided by LINE to Creators under these Terms and Conditions.
1.4. "Separate Terms and Conditions" means terms and conditions separate from these Terms and Conditions that pertain to the Services released or uploaded by LINE under names such as "terms," "guidelines," "policies," or the like.
1.5. "LINE Creators Collaboration Contents" means Contents that are (1) created based on a third party’s work(s) that have been designated by LINE for such purposes ("Designated Third Party Work"), (2) created in accordance with the requirements separately set forth by LINE, and (3) determined by LINE to constitute derivative works of a Designated Third Party Work.
2. Consent to these Terms and Conditions
2.1. Creators shall use the Services in accordance with the provisions of these Terms and Conditions. Creators may not use the Services unless they consent to these Terms and Conditions.
2.2. Creators who are minors in the jurisdiction in which the Creators reside may only use the Services by obtaining prior consent from their parents or legal guardians. Furthermore, if Creators will be using the Services on behalf of, or for the purposes of, a business enterprise, then such business enterprise must also consent to these Terms and Conditions prior to using the Services.
2.3. If there are Separate Terms and Conditions applicable to the Services, Creators shall also comply with the provisions of the Separate Terms and Conditions as well as these Terms and Conditions in using the Services.
3. Modification of these Terms and Conditions
LINE may modify these Terms and Conditions when LINE deems it to be necessary, within the scope of the purposes of the Services. In such case, LINE will indicate the contents of the modified version of these Terms and Conditions, as well as the effective date of the modification, on the Services or on LINE’s website, or will publicize the same to Creators by notifying Creators in the manner prescribed by LINE. The modified version of these Terms and Conditions shall become effective as of the effective date thereof.
4.1. When using the Services, Creators are required to set up an account by registering their name (in the case where the Creator is a business enterprise, the name of the business enterprise, name of legal representative of the business enterprise, and name of account manager), address, phone numbers, e-mail address, information necessary to process payments, LINE account information and/or certain information. Creators must register true, accurate, and complete information, and must revise the same to keep such information up-to-date at all times. Please refer to the LINE Terms and Conditions of Use for use of LINE accounts.
4.2. If Creators register any authentication information when using the Services, they must exercise due care in handling such information at their own responsibility to ensure that such information is not used in an unlawful manner. LINE may treat any and all activities conducted under the authentication information as activities that have been conducted by the Creator with whom the authentication information is registered.
4.3. Any Creator who has registered for the Services may delete such Creator’s account and cancel the Services at any time.
4.4. LINE may reject the registration for Creator’s account, suspend or delete a Creator's account, suspend the use of all or part of the Services, and/or terminate the agreement entered into between the Creator and LINE regarding the Services (including, without limitation, any agreement based on these Terms and Conditions, hereinafter the same) or take any other measure LINE reasonably determines to be necessary and appropriate without prior notice to such Creator, in the case that such Creator (in the case where the Creator is a business enterprise, its representatives, officers, employees, persons who substantially have the power to direct its management, agents or brokers) falls under or there is a possibility that such Creator falls under any of the following items:
1) A Creator is a terrorist organization, criminal organization or any other organization similar or analogous thereto, or a person or organization that makes a demand accompanied by the use or threat of force or arms, or that engages in any illegal or unjust acts similar or analogous thereto (hereinafter referred to as “Organized Crime Group”), a member of or a quasi-member of an Organized Crime Group, related or associated with an Organized Crime Group, or a person or company that has a close relationship or association (including, but not limited to, the provision of funds or any other benefits) with any of the foregoing (hereinafter collectively referred to as “Anti-Social Forces”);
2) A Creator tarnishes LINE’s credibility by spreading false information, using fraudulent means or force, or other unlawful means;
3) A Creator is in breach of applicable laws and regulations, these Terms and Conditions, or any Separate Terms and Conditions;
4) A Creator is subject to a petition for attachment, provisional attachment, or auction; procedures such as bankruptcy, civil rehabilitation, corporate reorganization, special liquidation proceedings or similar procedures are commenced; or LINE otherwise reasonably determines that there is uncertainty with respect to Creator’s credibility;
5) A Creator has not used the Services for a certain period of time, or has been reasonably determined by LINE to make no use of the Services in the future; or
6) The relationship of trust with a Creator is lost or LINE otherwise reasonably determines that it would not be appropriate for LINE to provide the Services to Creator, due to reasons other than as set forth in items (1) to (5) above.
4.5. Any and all rights of Creator to use the Services shall cease to exist when such Creator’s account has been deleted for any reason. Please take note that an account cannot be retrieved even if a Creator accidentally deleted the account.
4.6. Each account in the Services is for exclusive use and belongs solely to the Creator of such account. Unless otherwise set forth herein, Creators may not transfer, lease or otherwise dispose their rights with respect to the Services to any third party, nor may the rights belonging solely to the Creators be inherited or succeeded to by any third party.
5.1. LINE places top priority on the privacy of Creators.
5.3. LINE promises to exercise the utmost care and attention to its security measures to ensure the safe management of any and all information collected from Creators.
6. Provision of the Services
6.1. Creators shall supply PCs, mobile phone devices, smartphones and other communication devices, operating systems, communication methods and electricity, etc. necessary for using the Services at their own responsibility and expense.
6.2. LINE reserves the right to limit access to all or part of the Services by Creators depending upon conditions that LINE considers necessary, such as the age and identification of Creator, current registration status and the like.
6.3. LINE reserves the right to modify at LINE’s discretion, all or part of the Services as LINE determines necessary anytime without any prior notice to Creators.
6.4. LINE may cease providing all or part of the Services without any prior notice to Creators in case of the occurrence of any of the following:
1) When conducting maintenance or repair of systems;
2) When the Services cannot be provided due to force majeure such as an accident (fire, power outage, etc.), act of God, war, riot, labor dispute;
3) When there is system failure or heavy load on the system;
4) When securing the safety of Creators or third parties, or in the case of an emergency for the public welfare; or
5) When LINE reasonably determines it to be necessary, other than those set forth in items (1) through (4).
7. Third-Party Services
The Services may contain contents or services provided by third parties other than LINE. Such third parties shall bear any and all responsibility regarding such contents and/or services. Furthermore, there may be terms or use or other terms and conditions provided by such third party which are applicable to such contents and services.
8 Production and Use of Contents
8.1. Creators may produce the Contents using the Materials and the Programs and submit the Contents to LINE by the method designated by LINE for the review conducted by LINE for the distribution of the Contents. LINE grants to Creators a non-transferable, non-sublicensable and non-exclusive license to use the Programs for the sole purpose of producing the Contents within the Services. Except for the rights expressly granted to Creators herein, all rights in or relating to the Programs are the proprietary property of LINE or a third party who has granted the use rights to use to LINE.
8.2. LINE will review the Contents provided by a Creator pursuant to Clause 8.1 above in accordance with the guidelines separately set forth by LINE and notify the review result to the Creator. (For LINE Creators Collaboration Contents, in addition to the aforementioned guidelines, additional and separate guidelines designated by LINE shall also apply). If LINE determines in the review that the Contents are appropriate, LINE may distribute the Contents on a fee basis (including exchanges with prepaid payment instruments or the like (hereinafter collectively referred to as “Prepaid Payment Instruments”) issued by LINE) within the services operated by LINE under the name of "LINE", "LINE STORE", or any other channel as LINE deems appropriate in its sole and absolute discretion, and provide the Contents to users of LINE Services (“LINE Users”).
8.4. LINE may establish reporting system where third parties may report to LINE regarding the Contents. LINE reserves the right in its sole and absolute discretion to partially or in whole restrict, suspend, or terminate the distribution of the Contents without the prior consent of Creator, if LINE reasonably determines that the Contents or the distribution of the Contents are inappropriate based on such reports.
8.5. Creators acknowledge that LINE users who have received the Contents may continue the use thereof (including LINE itself using the Contents to allow such use by LINE users) after the termination of the distribution of the Contents or the contractual relationship between the Creator and LINE hereunder.
8.6. Creators acknowledge that LINE and third parties cooperating with LINE may use the Content and/or messages posted by LINE users, with the consent of such users, during the term and after the termination of the contractual relationship between the Creator and LINE hereunder.
8.7. LINE may use the Contents for advertising and promotion of services operated by LINE without the prior consent of Creators.
8.8. LINE may, at its own discretion, for example, at time of OS and/or LINE Services’ updates, modify the Contents for the purpose of optimizing the display and/or motions of the Contents within LINE Services.
8.9. By actually using the Services, Creators are deemed to have granted to LINE the right to use the Materials and the Contents (including the rights to reproduce, translate, adapt, modify, and publicly transmit, as well as the right to sub-license these rights to a third party) to the extent set forth herein, and thereby LINE shall be entitled to such rights. Creators shall not exercise their rights such as moral rights of authors against the use of the Materials and the Contents by LINE or third parties designated by LINE to the extent set forth above.
9. Revenue Sharing
(a) Application Date is before January 31, 2015:
(total revenue from sales of the Contents notified as the confirmed amount at the Creator’s My Page) ×50%
(b) Application Date is on and after February 1, 2015 (For LINE Creators Collaboration Contents, the Creator shall be notified in a manner separately designated by LINE of the formula which shall be used to calculate the Revenue Share.):
(total revenue from sales of the Contents notified as the confirmed amount at the Creator’s My Page - 30% of such total revenue from sales of the Contents as the fees paid to platforms such as Apple App Store and Google Play for distributing the Contents) ×50%
9.2. When the balance of the Revenue Share exceeds 1,000 yen (Hereinafter referred to as the "Minimum Payment Amount". In addition, until February 2, 2015, such amount shall be 10,000 yen.) and the Creator makes a request for a payment in a manner designated by LINE, LINE will transfer to the Creator the balance of the Revenue Share as of the end of the calendar month when LINE receives such a payment request, within approximately 45 days from the date on which LINE receives such payment request. LINE, however, may pay the balance of the Revenue Share as of the end of every October on the last day of December of that year. Please refer here for available transfer methods. No interest shall accrue on any payment of the Revenue Share made to Creators in accordance with the schedules above.
9.3. Any fees associated with transfer of the Revenue Share shall be borne by the Creator, and LINE may deduct such fees from the transferring Revenue Share. Unless otherwise set forth in a particular provision, the Amount of Share shall be calculated and transferred in Japanese Yen, and any foreign exchange fees associated with transfer of the Revenue Share shall be borne by the Creator.
9.4. In the event that any distribution of the Contents is subject to any consumption tax or other value-added taxes ("VAT") in accordance with applicable laws and regulations, LINE may determine the distribution price for the Contents to be inclusive of such VAT. In such case, the Revenue Share shall be the total revenue from sales of the Contents notified as the confirmed amount, reduced by any applicable VAT, and multiplied by the rate in Clause 9.1 above. For Creators registered by September 30, 2019, an amount calculated under a certain adjustment rate will be added so that there will not be any decrease in the amount of consideration after the increase in consumption taxation due to be enforced from October 1, 2019, compared to before such enforcement.
9.5. In the event that any payment of the Revenue Share to Creators is subject to any VAT in accordance with applicable laws and regulations, LINE will pay such VAT to Creators.
9.6. In the event that any payment of the Revenue Share is subject to any withholding tax or other similar taxes (the "Withholding Tax") in accordance with applicable laws and regulations, LINE will deduct such Withholding Tax from the Revenue Share to be paid. If LINE receives valid documents for reduction or exemption of the Withholding Tax from a Creator, LINE will take necessary procedures to apply such reduction or exemption and begin to apply such reduction or exemption to the payments for the requests under Clause 9.2 which are made after LINE has completed such procedures. Upon a request by a Creator who resides outside Japan (in the case where Creator is a business enterprise, a Creator which has its principal place of business outside Japan), LINE will provide to the Creator a document evidencing the levy and payment of Withholding Tax in a manner designated by LINE. Any fees associated with preparation and provision of the document shall be borne by the Creator, and LINE may deduct such fees from the balance of the Revenue Share in the account of the Creator.
9.7. Creators are deemed to have waived the right to receive the Revenue Share in the following cases:
1) The Creator breaches these Terms and Conditions or Separate Terms and Conditions;
2) The Creator's account is deleted;
3) The Creator does not designate how to receive the Revenue Share within one year after receiving a notice from LINE directing the Creator to do so;
4) The Creator does not receive the Revenue Share within one year after receiving a notice from LINE directing the Creator to do so;
5) LINE has been unable to contact the Creator through the contact information registered by the Creator for one year or more; or
6) The total amount of the Revenue Share not yet received does not exceed the Minimum Payment Amount at termination of the Services by LINE.
10. LINE Stickers Premium
10.1. LINE offers a service (“LINE Stickers Premium”) wherein LINE Users may use the Contents which meet the terms specified by LINE (“Subjects Contents”) among the Contents which LINE distributes for a fee (including exchange with Prepaid Payment Instruments issued by LINE) through the services offered by LINE under the name “LINE” or “LINE STORE”, without limitation if within the scope of period and use separately specified by LINE by paying a fee prescribed by LINE (hereinafter referred to as “LINE Stickers Premium Fee” and includes exchange with Prepaid Payment Instruments issued by LINE).
10.2. Procedures to designate the Subject Contents shall adhere to the following procedures;
1) LINE may place a setting wherein the Contents may be designated as Subject Contents if it meets the terms specified by LINE, with respect to all Contents (the “Setting”), regardless of whether the Contents meet the terms specified by LINE. When LINE places such Setting, (i) Contents which meet the terms specified by LINE will be designated as Subject Contents from the month following the month the Setting took place, and (ii) Contents which do not meet the terms specified by LINE will be designated as Subject Contents from the month following the month with the date which the terms specified by LINE were satisfied.
2) Creators may cancel the Setting and designation as Subject Contents done by LINE at any time. When the Creators cancel the Setting, even if the Contents meet the terms specified by LINE, it will not be designated as Subject Contents. Further, if the designation as Subject Contents is cancelled, the cancelation of designation as Subject Contents will become effective as of the month following the month the cancelation of designation as Subject Contents took place.
3) Creators may apply the Setting to the Contents at any time, even if the Setting or designation as Subject Contents is cancelled.
10.3. In relation to the LINE Stickers Premium, LINE will pay to the creators the amount calculated based on the following formula. If the Creator owns multiple Subject Contents, the following formula will be applied to each Subject Contents. Moreover, the sum of amount (not including the Revenue Share prescribed in clause 9.1) calculated based on the following formula for each Subject Contents is referred to as “LINE Stickers Premium Distribution Amount” as described below.
A：The total sales amount (excluding tax) which the LINE users gained from LINE Stickers Premium
※The above total sales amount means the total amount LINE received as a fee for the LINE Stickers Premium for the said month, regardless of the amount being a monthly amount or a yearly amount charged (including the Japanese yen equivalent in the event payment is made with Prepaid Payment Instruments and LINE will apply a reasonable conversion rate when calculating the Japanese yen equivalent). In addition, it is confirmed that (1) the sales amount that has been refunded based on the judgment of platforms such as Apple App Store and Google Play (If payment is made with Prepaid Payment Instruments, the Japanese yen equivalent of the Prepaid Payment Instruments), (2) the sales amount are settled or reasonably determined by LINE to be likely to be settled by fraudulent or inappropriate methods (If payment is made with Prepaid Payment Instruments, the Japanese yen equivalent of the Prepaid Payment Instruments), and (3) if the settlement is made using Prepaid Payment Instruments that has been or is likely to be settled using Prepaid Payment Instruments acquired in a fraudulent or inappropriate manner, the Japanese yen equivalent of the Prepaid Payment Instruments, will not be included in the total sales amount until LINE reasonably confirms that the Contents was not settled using a fraudulent or inappropriate method or Prepaid Payment Instruments.
B： The total number of LINE Users who use LINE Stickers Premium and sent the said Creator’s Subject Contents
※Based on the number of LINE Users who sent the Subject Contents and not the number of transmission
C： The total number of LINE Users who use LINE Stickers Premium and sent the said Subject Contents
※Based on the number of LINE Users who sent the Subject Contents and not the number of transmission
10.4. LINE may allow the LINE Stickers Premium Fee to be free for the period prescribed by LINE (“Charge-free Period”) for LINE Users who use LINE Stickers Premium for the first time and the Creators agree to this in advance.
10.5. LINE will calculate the LINE Stickers Premium Distribution Amount per month. The LINE Stickers Premium Distribution Amount will be calculated by the system prescribed by LINE and such calculated amount is the only absolute amount.
10.6 LINE will apply to the LINE Stickers Premium, provisions set forth in clauses 9.2 through 9.7 and provisions regarding the distribution amount set forth in these Terms and Conditions (excluding clause 9.1). In such case, “distribution amount” in clauses 9.2 through 9.7 as well as other parts of these Terms and Conditions shall be read “LINE Stickers Premium Distribution Amount”. LINE Stickers Premium constitutes a part of the Services and other provisions in these Terms and Conditions shall obviously be applied to LINE Stickers Premium.
11. Restricted Matters
LINE prohibits Creators from engaging in any of the following acts when using the Services.
11.1. Acts that violate the laws and regulations, court verdicts, resolutions or orders, or administrative measures that are legally binding;
11.2. Acts that may be in violation of public order, morals or customs;
11.3. Acts that infringe intellectual property rights, such as copyrights, trademarks and patent rights, rights to fame, privacy, and all other rights granted by law or by a contract with LINE and/or a third party;
11.4. Acts of using excessively violent or explicit sexual expressions; expressions that amount to child pornography or child abuse; expressions that lead to discrimination by race, national origin, creed, gender, social status, family origin, etc.; expressions that induce or encourage suicide, self-injurious behavior or drug abuse; or expressions that include anti-social content and lead to the discomfort of others;
11.5. Acts that lead to the misrepresentation of LINE and/or a third party or that intentionally spread false information;
11.6. Acts of exchanging the right to use the Services or Contents into cash, property or other economic benefits, other than by using the method prescribed by LINE.
11.7. Acts of using the Services for sales, marketing, advertising, solicitation or other commercial purposes (except for those approved by LINE); using the Services for the purpose of sexual conduct or obscene acts; using the Services for the purpose of meeting or engaging in sexual encounters with an unknown third party; using the Services for the purpose of harassment or libelous attacks against third parties; or otherwise using the Services for purposes other than as intended by the Services;
11.8. Acts that benefit or involve collaboration with Anti-Social Forces;
11.9. Acts that are related to religious activities or invitations to religious groups;
11.10. Acts of unauthorized or improper collection, disclosure, or provision of any other person’s personal information, registered information, user history, or the like;
11.11. Acts of interfering with the servers and/or network systems of the Services; fraudulently manipulating the Services by means of bots, cheat tools, or other technical measures; deliberately using defects of the Services; making unreasonable inquires and/or undue claims such as repeatedly asking the same questions beyond what is necessary, and other acts of interfering with or hindering LINE's operation of the Services or other Creators' use of the Services.
11.12. Acts of attempting to illegally or improperly manipulate ranking of the Contents, within and outside the Services.
11.13. Acts of decoding the source code of the Services, such as by way of reverse engineering, disassembling or the like, for unreasonable purposes or in an unfair manner;
11.14. Acts that aid or encourage any acts described in Clauses 11.1 to11.13 above; and
11.15. Acts other than those set forth in Clauses 11.1 to 11.14 that LINE reasonably deems to be inappropriate.
12. Responsibilities of Creators
12.1. Creators shall use the Services at their own risk, and shall bear any and all responsibilities for actions carried out under and results from the use of the Services, including, but not limited to, corresponding to any third party claims, demands, and/or lawsuits or the like at their own expense and responsibility. LINE’s review, approval or selection of the Contents will not relieve the Creators of any of responsibilities hereunder.
12.2. In the case where LINE suffers loss/damages either directly or indirectly (including, without limitation, attorney fees) due to a Creator’s use of the Services (including, without limitation, cases where LINE receives a complaint from a third party due to such use), the Creator shall immediately compensate LINE for such loss/damage in accordance with LINE’s request.
13. NO WARRANTY
LINE SHALL PROVIDE NO WARRANTY, EITHER EXPRESSLY OR IMPLIEDLY, WITH RESPECT TO THE SERVICES (INCLUDING THE PROGRAM), THAT THERE ARE NO DEFECTS (INCLUDING, WITHOUT LIMITATION, FAULTS WITH RESPECT TO SECURITY, ETC., ERRORS OR BUGS, OR VIOLATIONS OF RIGHTS) OR AS TO THE SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, EFFECTIVENESS AND FITNESS FOR A PARTICULAR PURPOSE. LINE WILL IN NO WAY BE RESPONSIBLE FOR PROVIDING CREATORS WITH THE SERVICES AFTER DELETING SUCH DEFECTS.
14. LINE’S LIMITATION OF LIABILITY
14.1. LINE WILL NOT BE LIABLE FOR ANY DAMAGE INCURRED BY CREATORS FROM THE USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY MEASURES TAKEN BY LINE IN ACCORDANCE WITH THESE TERMS ANS CONDITIONS AND SEPARATE TERMS AND CONDITIONS, UNLESS SUCH DAMAGE IS ATTRIBUTABLE TO THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF LINE.
14.2. IF A CREATOR INCURS DAMAGE AS A RESULT OF GROSS NEGLIGENCE ON THE PART OF LINE, LINE WILL BE RESPONSIBLE TO PROVIDE COMPENSATION FOR THE DAMAGE INCURRED BUT ONLY WITHIN THE RANGE OF (A) THE DAMAGE WHICH IS NORMALLY INCURRED (I.E., EXCLUSIVE OF LOST PROFITS AND OTHER DAMAGES ARISING UNDER SPECIAL CIRCUMSTANCES), AND (B) THE AMOUNT OF LINE’S REVENUE SHARE, IF ANY, RECEIVED THROUGH THE DISTRIBUTION OF THE CONTENTS IN THE PARTICULAR CALENDAR MONTH IN WHICH SUCH DAMAGES OCCURRED, AT MAXIMUM.
A Creator shall maintain the confidentiality of the LINE’s Confidential Information (meaning any and all information related to customers, products, services, business projects, technologies, know-how, ideas, concepts, etc. of the LINE that the LINE has expressly indicated as being confidential upon disclosure of the same, regardless of how such information has been disclosed; the same shall apply hereinafter). Except where Confidential Information is required to be disclosed in accordance with relevant laws and/or regulations, the Creator shall not disclose or divulge the LINE’s Confidential Information to any third party without the LINE’s prior written consent.
16. Relationship between these Terms and Conditions and Laws and Regulations
If the terms of these Terms and Conditions violate any laws and regulations applicable to an agreement between Creators and LINE with respect to the Services, such terms, to the extent of such violation, shall not apply to the agreement with the Creators; provided, however, that the remaining terms of these Terms and Conditions shall not be affected.
17. Notification and Contact
17.1. For notifications from LINE to Creators regarding the Services, LINE will use a method that LINE considers appropriate, such as posting in an appropriate place within the Services or on LINE’s website.
17.2. For notifications from Creators to LINE regarding the Services, Creators shall use the customer inquiry form available on the Services or on LINE’s website, or through other means designated by LINE.
18. Language, Time, Governing Law and Jurisdiction
Where LINE has provided Creators with a translation of the Japanese language version of these Terms and Conditions (the "Japanese Version"), the Japanese Version will govern the relationship between Creators and LINE. In the event of any conflict between the Japanese Version and a translation thereof, the provisions in the Japanese Version shall take precedence over any other translation. These Terms and Conditions will be governed by the laws of Japan. Any conflicts between Creators and LINE that arise from or in connection with the Services shall be resolved under the exclusive jurisdiction of the Tokyo District Court as the court of first instance. Unless otherwise set forth in the Services, the time and date used in the Services shall mean the time and date of Tokyo.
Date of last update: March 30, 2020