LINE Creators Market Terms and Conditions of Use
The LINE Creators Market Terms and Conditions of Use (the "Terms and Conditions") set forth the terms between LINE Corporation ("LINE") and users ("Creator" or "Creators") of any services or features of the LINE Creators Market provided by LINE (the "Service").
The following words and terms shall have the meanings set forth below when they are used in the 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 the Terms and Conditions.
1.4. "Separate Terms and Conditions" means any documents pertaining to the Service and provided or uploaded by LINE, such as "agreements", "guidelines", and "policies".
2. Consent to the Terms and Conditions
2.1. Creators may use the Service only in accordance with the provisions of the Terms and Conditions. Creators may not use the Service unless they validly and irrevocably consent to the Terms and Conditions.
2.2. By consenting to the Terms and Conditions, each Creator represents and warrants that the Creator is of the legal age of majority in the jurisdiction in which the Creator resides. Notwithstanding the foregoing, if the Creator is the parent or legal guardian of minor between the ages of 13 and the legal age of majority, the Creator may allow the minor to use the Creator’s account for the Service solely under such Creator’s supervision and only in accordance with the Terms and Conditions. In such case, the Creator is liable for any acts committed by the minor. If a Creator uses the Service on behalf of, or for the purposes of, a business enterprise, then that business enterprise shall also be deemed to have consented to the Terms and Conditions, thereby concluding a valid and irrevocable agreement between LINE and the business enterprise.
2.3. By actually using the Service, Creators are deemed to have validly and irrevocably consented to the Terms and Conditions.
2.4. If there are Separate Terms and Conditions for the Service, Creators shall also comply with the provisions of the Separate Terms and Conditions as well as the Terms and Conditions.
3. Modification of the Terms and Conditions
LINE may modify the Terms and Conditions or Separate Terms and Conditions at any time deemed necessary by LINE and without providing prior notice to Creators. The modified Terms and Conditions or Separate Terms and Conditions become effective upon their posting on an appropriate location within the website operated by LINE. By continuing to use the Service after a change to the Terms and Conditions or Separate Terms and Conditions, Creators are deemed to have validly and irrevocably consented to the modified Terms and Conditions or Separate Terms and Conditions. Notifications regarding the modification to Terms and Conditions may not be provided individually to Creators. Creators are encouraged to refer to the current version of the Terms and Conditions on a regular basis when using the Service.
4.1. When Creators provide information about the Creator to LINE when using the Service, such information shall be true, accurate, complete, and kept up-to-date. Creators are required to register 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, and LINE account information. Please refer to the LINE Terms and Conditions of Use
for use of LINE accounts.
4.2. If a Creator register a password for using the Service, the Creator shall, on its own responsibility, manage the password with due care to prevent any unauthorized use. Any act conducted by using a registered password shall be considered the act of the account’s Creator.
4.3. Creators who have registered for the Service may delete their accounts and withdraw from using the Service at any time.
4.4. LINE may reject the registration for Creator’s account, suspend or delete a Creator's account, and/or terminate the agreement entered into between the Creator and LINE regarding the Service without giving prior notice to the Creator, if LINE believes that the 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) is or is likely to be one of the following:
1) 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 “Anti-Social Forces”), a member of or a quasi-member of an Anti-social Force, related or associated with an Anti-social Force, 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;
2) any person or company that has harmed, or there is a possibility that such person or company may harm, the reputation of LINE;
3) any person or company that has violated, or there is the possibility of a violation of, the Terms and Conditions, Separate Terms and Conditions, and any applicable laws and regulations;
4) any person or company that LINE determines to have credit uncertainty, such as being unable to pay its debts as they become due, enters liquidation, bankruptcy, reorganization, or dissolution proceedings, or its creditors taking over its management;
5) any person or company that has not used the Service for a certain period of time, or has been determined by LINE, under reasonable criterion, to make no use of the Service in the future;
6) in addition to all (1) through (6) above, any person or company that LINE, under reasonable criterion, determines as inappropriate to execute the Service, including, but not limited to, mutual trust being lost between the Creator and LINE.
LINE shall not be liable for any damages incurred by Creators in relation to LINE’s action under this article.
4.5. A Creator’s rights to the Service expire when the Creator’s account has been deleted irrespective of the reason. Creators should be aware that such an account cannot be reactivated even if the account was accidentally deleted by the Creator.
4.6. Each account for the Service belongs solely to the account’s Creator. Unless otherwise set forth herein, Creators shall not transfer (including by inheritance) or lend their accounts to any third party.
5.1. LINE places its highest priority on the privacy of Creators.
5.2. LINE uses the personal information obtained from Creators through the Service only for identification, contact, examination, payment, prevention of improper use, promotion of smooth use of the Service, improvement of the Service, creation of statistical data, and administrative work necessary for the Service. In addition, LINE may provide the personal information obtained from Creators through the Service to the third party, provided that (1) LINE believes the Creators have harmed, or there is a possibility that Creators may harm, the reputation of LINE, or (2) LINE believes that Creators have violated, or there is the possibility of a violation of, the Terms and Conditions, Separate Terms and Conditions, and any applicable laws and regulations, based on the claims from such third party.
regarding the handling of personal information.
5.3. LINE exercises its utmost care and attention regarding security measures for the secure management of information received from Creators.
6. Provision of the Service
6.1. Creators shall, on their own responsibility and expense, prepare personal computers, mobile phone devices, communication devices, operating systems, data connections, and electricity necessary for their use of the Service.
6.2. LINE reserves the right to limit a Creator’s access to the Service, or part thereof, based on age, the status of identification and the registered information of the Creator, and any other conditions deemed necessary by LINE.
6.3. LINE reserves the right to modify or cease, at its own discretion, the Service and related services in their entirety or partially, at any time without any prior notice to the Creators.
7. Services of Business Partners
The Service may include content or services provided by other business partners cooperating with LINE. In such case, the business partner providing such content or services bears all responsibility thereof. Use of such content or services may be subject to the terms and conditions or other regulations set forth by the business partners.
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 Service. 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. If LINE determines in the review that the Contents are appropriate, LINE may distribute the Contents on a fee basis (including exchanges with virtual currencies issued by LINE) within the services operated by LINE under the name of "LINE" and "LINE STORE", and provide the Contents to users of LINE Services.
8.3 LINE may distribute the Contents from the date and within the territory selected by the Creator. For avoidance of doubt, LINE, at the time of distribution, may exclude certain country or region from the territory at the discretion of LINE. LINE will suspend or terminate the distribution upon Creator's request made in a manner designated by LINE. LINE may partially or in whole restrict, suspend, or terminate the distribution of the Contents without the prior consent of Creator, if LINE determines that the Contents or the distribution of the Contents are inappropriate or if LINE determines that the display and/or motions of the Contents became inappropriate due to system or server’s conditions, such as OS and/or LINE Services’ updates.
8.4. 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, .
8.5. Creators acknowledge that LINE and its business partners 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.
8.6. LINE may use the Contents for advertising and promotion of services operated by LINE without the prior consent of Creators.
8.7. 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.
8.8 By actually using the Service, 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 are deemed to have agreed not to exercise the 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 31st, 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 1st, 2015:
(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 2nd, 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.
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 the 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 Service by LINE.
Creators shall not engage in the following acts when using the Service.
10.1. Acts that violate the law, court judgments, resolutions or orders, or legally binding administrative measures.
10.2. Acts that may be detrimental to public order or customs.
10.3. Acts that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and any other rights of LINE and/or a third party granted under law or contract.
10.4. Acts that involve violent or sexual expressions; expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others.
10.5. Acts that lead to the misrepresentation of LINE and/or a third party, or intentionally spread false information.
10.6. Acts that exchange the right to use the Contents into cash, property or other economic benefits without authorization by LINE.
10.7. Acts that use the Service for sales, marketing, advertising, soliciting or any other commercial purposes (except for those approved by LINE); use the Service for the purpose of sexual conduct or obscene acts; use the Service for the purpose of meeting a person for sexual encounters; use the Service for the purpose of harassments or libelous attacks; or use the Service for purposes other than the purposes intended by LINE.
10.8. Acts that benefit or collaborate with anti-social groups.
10.9. Acts that are related to religious activities or invitations to religious groups.
10.10. Acts that illegally or improperly lead to the collection, disclosure, or provision of personal information, registered information, user history, etc. of another person.
10.11. Acts that interfere with the servers and/or network systems of the Service; that abuse the Service by means of BOTs, cheat tools, or other technical measures; that deliberately use defects of the Service; that make unreasonable inquires and/or claims such as repeatedly asking the same question beyond the necessity; or that interfere with LINE's operation of the Service or Creators' use of the Service.
10.12. Acts attempted to illegally or improperly manipulate ranking of the Contents, within and outside the Services.
10.13 Acts that aid or encourage any act described in Clauses 10.1 to10.11 above.
10.14. Other acts that are deemed by LINE to be inappropriate.
11. Responsibilities of Creators
11.1. Creators shall use the Service on their own responsibility and at their expense and remain responsible for any acts and results thereof associated with their use of the Service, 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.
11.2. LINE may take measures that it considers necessary and appropriate, if LINE believes that a Creator is using the service in a way which violates the Terms and Conditions. However, LINE shall not be responsible for correcting or preventing such violation.
11.3. In the case where LINE has suffered any loss or damage or has been charged an expense (including but not limited to lawyer's fees) directly or indirectly (including but not limited to cases where LINE has been sued for damages by a third party) due to a Creator’s use of the Service, the Creator shall immediately compensate LINE in accordance with LINE’s request.
12. Limitation of Liability
12.1. LINE does not expressly or impliedly guarantee that the Service (including the Program) are free from any de facto or de jure defects (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for particular purposes, security-related faults, errors, bugs, or infringements of rights). LINE shall not be responsible for providing the Service to Creators without such defects.
12.2. LINE shall not be liable for any damages incurred by Creators in relation to the use of the Service, including, but not limited to, any measures taken by LINE in accordance with Terms and Conditions and Specific Terms and Conditions.
12.3. LINE shall not be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that LINE or Creators predicted or could have predicted) with respect to LINE's negligence (except for gross negligence), whether in contract, or tort or otherwise. The compensation for ordinary damages caused by LINE’s negligence (except for gross negligence) , whether in contract, or tort or otherwise, shall be limited to the total amount of LINE’s revenue share received through the distribution of the Contents in the particular calendar month in which such damages occurred.
13. Notification and Contact
13.1.When notifying or contacting Creators regarding the Service, LINE may use a method that LINE considers appropriate, including posting on the website operated by LINE.
13.2. To contact LINE regarding the Service, Creators shall use the customer inquiry form available on the website operated by LINE or other means designated by LINE.
14. Language, Time, Governing Law and Jurisdiction
LINE may provide Creators with a translation of the Japanese language version of the Terms and Conditions (the "Japanese Version"). In such case, the Japanese Version will govern the relationship between Creators and LINE. In the event of any discrepancy between the Japanese Version and a translation, the provisions in the Japanese Version shall prevail. The Terms and Conditions will be governed by the laws of Japan. Any disputes between Creators and LINE arising out of or relating to the Service shall be subject to exclusive jurisdiction of the District Court of Tokyo or the Tokyo Summary Court. Unless otherwise set forth in the Service, the time and date used in the Service shall mean the time and date of Tokyo.
Last Updated: March 7th, 2016