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 LY Corporation（"LYC"） 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, videos and any other materials used to produce Contents.
1.2. "Contents" means digital content, such as stickers and themes, which may be used in internet communication services operated by LYC 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 LYC 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 LYC 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 LYC for such purposes ("Designated Third Party Work"), (2) created in accordance with the requirements separately set forth by LYC, and (3) determined by LYC 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
LYC may revise these Terms and Conditions in any of the following cases.
In the foregoing case, LYC will make public, by indicating on the Services or LYC’s website, or notifying Creators according to a method prescribed by LYC, to the effect that these Terms and Conditions will be revised, as well as the subject matter and effective date of the revised version of these Terms and Conditions. In the case of item (2) below, LYC will make the revision public a reasonable period before the effective date of the revision. The revised version of these Terms and Conditions shall come into effect from the effective date:
(1) when revision to these Terms and Conditions conforms to the general interests of Creators; or
(2) when revision to these Terms and Conditions is not in breach of the purpose of any contract, and is rational in light of the necessity of such revision, appropriateness of the subject matter after revision, and other circumstances concerning the revision.
4.2. When registering authentication information in using the Services, a Creator must strictly manage such authentication information under its own responsibility so that it will not be abused. If an operation is performed using the Creator’s authentication information that was registered (including without limitation cases where the Creator is authentication based on a combination of account and password, or based on a comparison of the code uniquely assigned for each mobile phone number sent from a mobile operator and the registered information), we will provide the Services by deeming that such operation is an act by the actual Creator.
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. LYC 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 LYC regarding the Services (including, without limitation, any agreement based on these Terms and Conditions, hereinafter the same) or take any other measure LYC 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 LYC’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 LYC 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 LYC to make no use of the Services in the future; or
(6) The relationship of trust with a Creator is lost or LYC otherwise reasonably determines that it would not be appropriate for LYC 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. LYC places top priority on the privacy of Creators.
5.3. LYC 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. LYC reserves the right to limit access to all or part of the Services by Creators depending upon conditions that LYC considers necessary, such as the age and identification of Creator, current registration status and the like.
6.3. LYC may modify all or a part of the contents of the Services when corresponding to any of the following items:
(1) when modification to the contents of the Services, such as addition of functions to or improvement of the Services, conforms to the general interests of Creators; or
(2) in cases other than the preceding item, there is rationality in light of the necessity to modify the contents of the Services, appropriateness of the contents after modification, and other circumstances concerning the modification.
6.4. LYC 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 LYC 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 LYC. 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 LYC by the method designated by LYC for the review conducted by LYC for the distribution of the Contents. LYC 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 LYC or a third party who has granted the use rights to use to LYC.
8.2. LYC will review the Contents provided by a Creator pursuant to Clause 8.1 above in accordance with the guidelines separately set forth by LYC 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 LYC shall also apply). If LYC determines in the review that the Contents are appropriate, LYC 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 LYC) within the services operated by LYC under the name of "LINE", "LINE STORE", or any other channel as LYC deems appropriate in its sole and absolute discretion, and provide the Contents to users of LINE Services (“LINE Users”).
8.4. LYC may establish reporting system where third parties may report to LYC regarding the Contents. LYC 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 LYC 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 LYC 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 LYC hereunder.
8.6. Creators acknowledge that LYC and third parties cooperating with LYC 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 LYC hereunder.
8.7. LYC may use the Contents for advertising and promotion of services operated by LYC without the prior consent of Creators.
8.8. LYC 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 LYC 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 LYC 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 LYC or third parties designated by LYC to the extent set forth above.
8.11. LYC may provide to LINE Users functions suggesting Content related to the word(s) used by LINE Users in messages by using a unique algorithm or logic, etc. adopted at the sole discretion of LYC (“Auto-suggest Function”). If LYC provides the Auto-suggest Function, LYC may enable LINE Users to use the Content suggested without charge and without requiring LINE Users to download such Content (such use shall be referred to as “Trial Use”). Creators shall grant the rights enabling LINE Users to use the Trial Use Content to LYC in advance. However, Creators may, via the method prescribed by LYC, at any time configure their settings to exclude Content from being subject to Trial Use (“Exclusion Settings”). Exclusion Settings may come into effect a few days after they have been made. Further, Creators understand and agree in advance that the results of the Content suggestion via the Auto-suggest Function is due to a unique algorithm or logic, etc. adopted at the sole discretion of LYC and that the results of such suggestion may be either advantageous or disadvantageous to Creators.
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 LYC 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 LYC, LYC will transfer to the Creator the balance of the Revenue Share as of the end of the calendar month when LYC receives such a payment request, within approximately 45 days from the date on which LYC receives such payment request. LYC, 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 LYC 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, LYC 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, LYC 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, LYC will deduct such Withholding Tax from the Revenue Share to be paid. If LYC receives valid documents for reduction or exemption of the Withholding Tax from a Creator, LYC 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 LYC 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), LYC will provide to the Creator a document evidencing the levy and payment of Withholding Tax in a manner designated by LYC. Any fees associated with preparation and provision of the document shall be borne by the Creator, and LYC 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 LYC directing the Creator to do so;
(4) The Creator does not receive the Revenue Share within one year after receiving a notice from LYC directing the Creator to do so;
(5) LYC 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 LYC.
10. LINE Stickers Premium
10.1. LYC offers a service (“LINE Stickers Premium”) wherein LINE Users may use the Contents which meet the terms specified by LYC (“Subjects Contents”) among the Contents which LYC distributes for a fee (including exchange with Prepaid Payment Instruments issued by LYC) through the services offered by LYC under the name “LINE” or “LINE STORE”, without limitation if within the scope of period and use separately specified by LYC by paying a fee prescribed by LYC (hereinafter referred to as “LINE Stickers Premium Fee” and includes exchange with Prepaid Payment Instruments issued by LYC).
10.2. Procedures to designate the Subject Contents shall adhere to the following procedures;
(1) LYC may place a setting wherein the Contents may be designated as Subject Contents if it meets the terms specified by LYC, with respect to all Contents (the “Setting”), regardless of whether the Contents meet the terms specified by LYC. When LYC places such Setting, (i) Contents which meet the terms specified by LYC 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 LYC will be designated as Subject Contents from the month following the month with the date which the terms specified by LYC were satisfied.
(2) Creators may cancel the Setting and designation as Subject Contents done by LYC at any time. When the Creators cancel the Setting, even if the Contents meet the terms specified by LYC, 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, LYC 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 LYC 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 LYC 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 LYC 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 LYC 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 used LINE Stickers Premium and sent (or applied) the said Creator’s Subject Contents (In the case of the themes, the themes shall be downloaded and applied by the LINE Users).
※Based on the number of LINE Users who sent (or applied) the Subject Contents and not the number of transmissions (or applications)
C：The total number of LINE Users who used LINE Stickers Premium and sent (or applied) the said Subject Contents (In the case of the themes, the themes shall be downloaded and applied by the LINE Users).
※Based on the number of LINE Users who sent (or applied) the Subject Contents and not the number of transmissions (or applications)
10.4. LYC may allow the LINE Stickers Premium Fee to be free for the period prescribed by LYC for LINE Users who use LINE Stickers Premium for the first time and the Creators agree to this in advance.
10.5. LYC will calculate the LINE Stickers Premium Distribution Amount per month. The LINE Stickers Premium Distribution Amount will be calculated by the system prescribed by LYC and such calculated amount is the only absolute amount.
10.6 LYC 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. LINE PR Stickers
11.1. LYC provides the Creators with services (the “LINE PR Sticker Services”) which enable the Creators to cause LYC to distribute to LINE Users, free of charge, the Contents selected by the Creators from among those created by the Creators and already distributed by LYC, for promotion by the Creators, etc. As for the LINE PR Sticker Services, the method and procedures for use, the available area, and the usage fees and other various terms therefor shall be subject to the materials separately prescribed by LYC and presented to the Creators, etc. In addition, the scope of the Contents subject to the LINE PR Sticker Services shall be the Contents designated by LYC (the “LINE PR Stickers”) in accordance with the terms specified by LYC (the “Various Terms”).
11.2. The Creators shall pay LYC the usage fees for the LINE PR Sticker Services (the “LINE PR Sticker Services Fees”) in accordance with the payment method and payment terms designated by LYC.
11.3. LYC shall not refund any LINE PR Sticker Services Fees for which payment has been completed (or, if such payment is made via a payment service provider, the LINE PR Sticker Services Fees for which the payment procedures have been completed through such payment services provider; the same shall apply hereinafter) to the Creators for any reason whatsoever.
11.4. The Creators shall comply with the following terms, in addition to the Various Terms prescribed by LYC under Clause 11.1:
(1) The minimum purchase amount for the LINE PR Sticker Services shall be 50 downloads;
(2) The period during which a LINE User can download the LINE PR Stickers (the “Distribution Period”) is up to 365 days after the payment is completed in accordance with Clauses 11.2 and 11.3;
(3) Upon expiration of the Distribution Period, Line Users shall be unable to download any LINE PR Sticker thereafter, even if the limit for the number of downloads designated by the Creators has not been reached;
(4) As a general rule, the usage period of the LINE PR Stickers for LINE Users shall be 90 days;
(5) Creators are prohibited from carrying out and/or having third parties (including but not limited to Line Users; hereinafter the same applies in this section) carry out transactions with third parties for value with respect to the distribution of the LINE PR Stickers;
(6) If the distribution of packs of the original Contents to which the LINE PR Stickers belong is suspended pursuant to these Terms and Conditions, the distribution and downloading of such LINE PR Stickers shall also be suspended;
(7) In the case of an event such as a LINE PR Sticker being in breach of any of these Terms and Conditions, the distribution of such LINE PR Sticker, and the pack of the original Contents to which such LINE PR Sticker belongs, may be suspended;
(8) Upon a Creator’s request, LYC shall issue a receipt, but only once, for the relevant LINE PR Sticker Services Fees by a method prescribed by LYC. As receipts cannot be reissued, they should be kept in a safe place; and
(9) If a LINE User downloads and sends any Subject Content of the LINE Stickers Premium as a LINE PR Sticker, the act of sending such Subject Content by such LINE User shall not be included in the number of times that a LINE User has sent such Subject Content, i.e., the basis for calculating the LINE Stickers Premium Fees.
12. Restricted Matters
LYC prohibits Creators from engaging in any of the following acts when using the Services.
12.1. Acts that violate the laws and regulations, court verdicts, resolutions or orders, or administrative measures that are legally binding;
12.2. Acts that may be in violation of public order, morals or customs;
12.3. 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 LYC and/or a third party;
12.4. 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;
12.5. Acts that lead to the misrepresentation of LYC and/or a third party or that intentionally spread false information;
12.6. 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 LYC.
12.7. Acts of using the Services for sales, marketing, advertising, solicitation or other commercial purposes (except for those approved by LYC); 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;
12.8. Acts that benefit or involve collaboration with Anti-Social Forces;
12.9. Acts that are related to religious activities or invitations to religious groups;
12.10. Acts of unauthorized or improper collection, disclosure, or provision of any other person’s personal information, registered information, user history, or the like;
12.11. 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 LYC's operation of the Services or other Creators' use of the Services.
12.12. Acts of attempting to illegally or improperly manipulate ranking of the Contents, within and outside the Services.
12.13. 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;
12.14. Acts that aid or encourage any acts described in Clauses 12.1 to12.13 above; and
12.15. Acts other than those set forth in Clauses 12.1 to 12.14 that LYC reasonably deems to be inappropriate.
13. Responsibilities of Creators
13.1. 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. LYC’s review, approval or selection of the Contents will not relieve the Creators of any of responsibilities hereunder.
13.2. In the case where LYC 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 LYC receives a complaint from a third party due to such use), the Creator shall immediately compensate LYC for such loss/damage in accordance with LYC’s request pursuant to the laws and regulations.
14. NO WARRANTY
LYC 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. LYC WILL IN NO WAY BE RESPONSIBLE FOR PROVIDING CREATORS WITH THE SERVICES AFTER DELETING SUCH DEFECTS.
15. LYC’S LIMITATION OF LIABILITY
15.1. LYC 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 LYC 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 LYC.
15.2. IF A CREATOR INCURS DAMAGE AS A RESULT OF GROSS NEGLIGENCE ON THE PART OF LYC, LYC 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 LYC’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 LYC’s Confidential Information (meaning any and all information related to customers, products, services, business projects, technologies, know-how, ideas, concepts, etc. of the LYC that the LYC 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 LYC’s Confidential Information to any third party without the LYC’s prior written consent.
17. 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 LYC 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.
18. Notification and Contact
18.1. For notifications from LYC to Creators regarding the Services, LYC will use a method that LYC considers appropriate, such as posting in an appropriate place within the Services or on LYC’s website.
18.2. For notifications from Creators to LYC regarding the Services, Creators shall use the customer inquiry form available on the Services or on LYC’s website, or through other means designated by LYC.
19. Language, Time, Governing Law and Jurisdiction
Where LYC 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 LYC. 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 LYC 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.
20. Information Related to EU DSA
For information regarding the European Union’s Digital Services Act (the “DSA”), please refer to the Special Provisions for European Union Users.
Please note that some parts of “3. Content moderation” do not apply, dependent on the nature and content of the Services.
Date of last update: February 16, 2024