Pixiv

Terms of Use

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pixiv Inc. Service Master Terms of Use Master Terms of Use Service Master Terms of Use Privacy Policy Guidelines on registered trademark pixiv Point agreement Notation on fund settlement law Notation on specified commercial transaction Individual Terms of Use pixiv pixivFANBOX pixiv COMIC BOOTH BOOTH storage service pixivFACTORY pixiv Sketch LIVE VRoid Studio VRoid Hub VRoid Mobile Master Terms of Use Service Master Terms of Use This document is an English translation of the original version for reference purposes only. The original version is written in the Japanese language. In the case of any discrepancy between the original Japanese version and this English translation, the original Japanese version shall prevail. Article 1. Introduction <ol> <li>These pixiv Master Terms of Use (referred to as these “Terms of Use” or, to distinguish them from individual terms of use, these “Master Terms of Use”) apply to all conduct in cases where Users use the services (the services are collectively referred to as the “Services,” and individual services are referred to as “Individual Services”) provided by pixiv Inc. (the “Company”). Users shall agree to these Terms of Use and use the Services in accordance with these Terms of Use. </li> <li>Terms and conditions for use of the Services are set forth in these Terms of Use as well as terms of use, guidelines, and other agreements relating to Individual Services. These individual terms of use, rules, and so on (“Individual Terms of Use etc.”) apply as a constituent part of the agreement pursuant to these Terms of Use. In cases where these Terms of Use do not apply pursuant to Individual Terms of Use etc., only the relevant Individual Terms of Use etc. apply. </li> </ol> Article 2. Individual Agreements etc. <ol> <li>Table 1 indicates whether Individual Terms of Use etc. relating to Individual Services exist and whether those Individual Terms of Use apply. </li> <li>In the case of discrepancy between the provisions of Individual Terms of Use etc. and these Terms of Use, unless otherwise provided, the Individual Terms of Use etc. shall take precedence over these Terms of Use. </li> <li>In the case of discrepancy between individual terms of use and the corresponding guidelines, unless otherwise provided, the guidelines shall take precedence over the individual terms of use. </li> <li> Of the various guidelines, “the pixiv Trademark Guidelines” shall apply to all Users. Further, in addition to the guidelines indicated in Table 1, other guidelines have been established in relation to Individual Services, and guidelines associated with Individual Services apply preferentially. Table 1 <dl> <dt> </dt> <dd> pixiv <ul> <li>pixiv Individual Terms of Use</li> <li>pixiv Guidelines</li> <li>pixiv Point agreement</li> <li>Guideline and Terms of pixiv Sketch LIVE</li> <li>Request Function Individual Terms of Service</li> </ul> </dd> <dt> </dt> <dd> pixivFANBOX <ul> <li>pixiv FANBOX Terms of Use</li> <li>pixiv Guidelines</li> </ul> </dd> <dt> </dt> <dd> pixiv COMIC <ul> <li>pixiv Comic Terms of Use</li> <li>pixiv Guidelines</li> </ul> </dd> <dt> </dt> <dd> pixiv Novel <ul> <li>pixiv Guidelines</li> </ul> </dd> <dt> </dt> <dd> pixiv Literature <ul> <li>pixiv Guidelines</li> </ul> </dd> <dt> </dt> <dd> BOOTH <ul> <li>BOOTH Terms of Use</li> <li>Storage Service Terms of Use</li> <li>BOOTH Guidelines</li> </ul> </dd> <dt> </dt> <dd> pixivFACTORY <ul> <li>pixiv FACTORY Terms of Use</li> </ul> </dd> <dt> </dt> <dd> pixiv Sketch <ul> <li>pixiv Sketch Guidelines</li> </ul> </dd> <dt> </dt> <dd> pixiv Sketch LIVE <ul> <li>pixiv Point agreement</li> <li>Guideline and Terms of pixiv Sketch LIVE</li> </ul> </dd> <dt> </dt> <dd> VRoid Studio <ul> <li>VRoid Studio Terms of Use</li> </ul> </dd> <dt> </dt> <dd> VRoid Hub <ul> <li>VRoid Hub Terms of Use</li> <li>VRoid Hub Guidelines</li> </ul> </dd> <dt> </dt> <dd> VRoid SDK <ul> <li> VRoid SDK Terms of Use ※SDK申請済みの開発者のみ閲覧可 </li> <li>VRoid SDK Guidelines</li> <li>VRoid Hub Guidelines</li> </ul> </dd> <dt> </dt> <dd> VRoid Mobile <ul> <li>VRoid Mobile Terms of Use</li> <li>VRoid Mobile Guidelines</li> </ul> </dd> <dt> </dt> <dd> pixiv Encyclopedia <ul> <li>pixiv Guidelines</li> </ul> </dd> <dt> </dt> <dd> pixivision <ul> <li>-</li> </ul> </dd> <dt> </dt> <dd> sensei <ul> <li>-</li> </ul> </dd> </dl> </li> </ol> Article 3. Definitions The terms used in these Terms of Use are defined as set forth below. <ol> <li>“User” means a person who uses the Services. </li> <li>“Account” means any one of multiple types of authority of utilization of the Services issued by the Company to a User who registers accounts pursuant to the procedures specified in Article 7 or other provisions. Users are required to acquire necessary accounts according to the Individual Services that User wishes to use. </li> <li>“Registered Email Address” means email address information provided by User to the Company for the purpose of receiving the Services. </li> <li>“ID” means a text string used for identification of an individual by making reference to the Registered Email Address and Password when using the Services. One ID is issued for each account. </li> <li>“Password” means a text string used for identification of an individual by making reference to a Registered Email Address when using the Services. </li> <li>“Posted Information” means all data and information transmitted, distributed, posted, uploaded, registered, or edited (“Posted etc.” or “Post etc.”) by User when using the Services including images, text, translation, and information relating to displayed items. </li> </ol> Article 4. Revision of these Terms of Use and Individual Terms of Use etc. <ol> <li>The Company may, at its discretion, revise these Terms of Use and Individual Terms of Use etc. at any time. </li> <li>Except when otherwise specified by the Company, revised versions of these Terms of Use and Individual Terms of Use etc. shall take effect when indicated on the Services. </li> <li>In the case where User uses the Services after the revised versions of these Terms of Use and Individual Terms of Use etc. come into effect, User shall be deemed to have consented to all of the revised versions of these Terms of Use and Individual Terms of Use etc. </li> </ol> Article 5. Handling of Personal Information The Company shall properly handle personal information in accordance with its Privacy Policy. Article 6. Confidentiality of Communications <ol> <li>The Company shall maintain the secrecy of communications of User communications in accordance with Article 4 of the Telecommunications Business Act (Act No. 86 of 1984). </li> <li> In the cases set forth in the following items, the Company shall not bear the duty to protect the secrecy of communications specified in the preceding paragraph to the extent indicated in each item: <ol> <li>In cases where compulsory disposition or a court order is issued pursuant to the Code of Criminal Procedure (Act No. 131 of 1948) or the Act on Wiretapping for Criminal Investigation (Act No. 137 of 1999), to the extent of such compulsory disposition or court order. </li> <li>In cases where compulsory disposition is issued pursuant to laws and regulations, to the extent of such disposition or court order. </li> <li>In cases where the Company determines that the requirements for a demand for disclosure pursuant to Article 4 of the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders (Act No. 137 of 2001) are satisfied, to the extent of that demand. and </li> <li>In cases where the Company determines that disclosure is necessary to protect the life, body, or property of a third party, to the extent necessary to protect the life, body, or property of the third party. </li> </ol> </li> </ol> Article 7. Account Registration <ol> <li>The Services may include content that can be used only by Users with registered accounts. </li> <li>Persons who wish to register an account may, after agreeing to these Terms of Use, apply for account registration by the method designated by the Company. The information that must be input when performing such registration is referred to as “Registered Information.” </li> <li>When performing the application specified in Paragraph 2, User shall provide to the Company User’s own true, accurate, and current information as Registered Information. </li> <li>Registration of a person who applies for account registration (“Registration Applicant”) shall be complete when the Company approves the registration. </li> <li> In any of the following cases, the Company may, at its discretion, reject the registration application of a Registration Applicant without disclosing the reason. <ol> <li>In cases where the Registration Applicant requested registration not using the method specified in Paragraph 2. </li> <li>In cases where an application is made by providing fraudulent, false, or misleading information. </li> <li>In cases where the Registration Applicant breached contractual duties in relation to any services provided by the Company or in transactions with other Users in the past. further, in cases where the Company determines that there is a likelihood of such breach in the future. </li> <li>In cases where the Registration Applicant violated these Terms of Use. </li> <li>In cases where the Registration Applicant engaged in prohibited conduct specified in Article 15 in the past or the Company determines that there is a likelihood of Registration Applicant engaging in such prohibited conduct in the future. </li> <li>In cases where the Registration Applicant is a minor, adult ward, person under curatorship, or person under assistance and the Registration Applicant’s legal representative, guardian, curator, or assistant does not consent. </li> <li>In cases where the Registration Applicant is an anti-social force, was formerly an anti-social force, uses anti-social forces, or its main investors or officers and employees are constituent members of anti-social forces. or </li> <li>In other cases where the Company determines that the application is inappropriate. </li> </ol> </li> <li>In cases where the Company does not approve an application for account registration, the Company shall not bear a duty to disclose the reason for not approving the application to the applicant and shall not bear any liability whatsoever with regard to damage incurred by the applicant as a result of the non-approval. </li> <li> In cases falling under any of the following items in relation to a User who registered an account, the Company may cancel or temporarily suspend the User’s membership, cancel rights associated with the User’s membership, or refuse use of the Services in the future. <ol> <li>In cases where the Company determines that the User fell under or falls under any of the grounds specified in each item of Paragraph 5. </li> <li>In cases of violation of laws and regulations or these Terms of Use. </li> <li>In cases where the User is determined to have engaged in prohibited conduct specified in Article 15 in the past or is likely to engage in such prohibited conduct in the future. </li> <li>In cases of improper conduct. </li> <li>In cases where problems with other Users or third parties exceed certain levels established by the Company, regardless of willful misconduct or negligence. </li> <li>In cases where complaints received from other Users or third parties exceed certain levels established by the Company, regardless of willful misconduct or negligence. </li> <li>In cases where the User does not login at least a certain number of times within a certain period specified by the Company. </li> <li>In the case where the Company determines that continued provision of the Services is unfeasible based on reasonable grounds. or </li> <li>In cases where the Company otherwise determines that there are substantial impediments to the execution of business operations. </li> </ol> </li> </ol> Article 8. pixiv Premium <ol> <li>Account types are free accounts and “pixiv Premium” fee-based accounts (“pixiv Premium”). The Services contain content and functions that can be used only by Users who register for pixiv Premium. The Company may at its discretion change at any time the content that can be used by Users registered for pixiv Premium. </li> <li>Only Users who have a means of payment specified by the Company can register for pixiv Premium. Users who registered for pixiv Premium shall pay the use fees for each use period specified by the Company by the method specified by the Company. </li> <li>The use period of a User who registered for pixiv Premium shall automatically be renewed unless the User cancels by the method specified by the Company. However, in some x made by annual interest of 14.6% to the Company. In such cases, the transfer fee and other such fees are responsible to the User. </li> <li>The cancellation of pixiv Premium is possible by specific procedures provided by the Company. When cancellation is done during period of use, the service is available in the duration until period of use, and pixiv Premium will end at the time of the expiration of use period. However, in some payment method, when cancellation is done during the use period, the remaining period of use is invalid and the pixiv Premium will end. Please refer for details in the registration procedures of each payment methods.</li> <li>Even in the case where a User who registered for pixiv Premium cancels during a use period, use fees already paid to the Company by the User registered for pixiv Premium shall not be refunded.</li> <li>When payment for pixiv Premium is delayed from the payment deadline due to the User, the User is responsible for paying late payment interest of the amount calculated through the duration of the day after the deadline until the day before payment is made by annual interest of 14.6% to the Company. In such cases, the transfer fee and other such fees are responsible to the User. </li> <li>In cases of previous Paragraph, when the credit card or bank account etc. provided by the User as payment method is unavailable, or when the User is determined by the Company to have caused act contradicting the Master Terms of Service, the Company has the right to suspend use of all services regarding pixiv Premium provided by the Company without any notification to the User. </li> <li>In cases of previous Paragraph, the usage fee of the suspended account includes the fee for the month that suspension act has taken. </li> <li>When User cannot use the service included in pixiv Premium due to the gross negligence of the Company, the Company, only when the unavailability continued for more than 24 hours after the User noticed the unavailability, shall be responsible for paying the compensation for the actual damages incurred by the User with a month amount of service fee of the plan contracted by the User multiplied by the period of time (in months, rounded up) the service was unavailable to the user (fraction of yen omitted) as an upper limit. </li> <li>In regards to the payment method of usage fee of pixiv Premium, whether or not the responsibility is on the User or not, if cases of exceeding amount of payment from the demand and the like arises, the Company may provide compensation support. </li> </ol> Article 9. Change of Registered Information <ol> <li>If a change occurs to Registered Information, User shall promptly notify the Company of the relevant changed information by the method specified by the Company. </li> <li>If a User incurs any disadvantage as a result of failure to provide notice, the Company shall not bear any liability whatsoever. </li> </ol> Article 10. Control etc. of Registered Email Address, ID, and Password <ol> <li>User shall register as User’s Registered Email Address a useable email address that is under User’s control, and in the case where a Registered Email Address is no longer under User’s control, User must change the Registered Email Address to a different useable email address under User’s control. </li> <li>User shall endeavor to prevent improper use of User’s Registered Email Addresses, Passwords, and IDs (“Registered Email Address etc.”) and shall bear all responsibility for control of the Registered Email Address etc. </li> <li>The Company shall not bear any liability whatsoever for damage and the like incurred as a result of use of User’s Registered Email Address etc. by a third party. Conduct performed using a Registered Email Address etc. shall be deemed the conduct of the User who holds that Registered Email Address etc. even in the case where such use was made by a third party without the User’s consent or otherwise improperly, and User consents to bear responsibility for such conduct. Further, the Company shall not bear any liability whatsoever for damage arising as a result of such conduct, regardless of User’s willful misconduct or negligence. </li> <li>In the case where a Registered Email Address etc. or other such information is divulged to a third party or there is a likelihood of such divulgence, User shall promptly notify the Company. provided, however, that while the Company can suspend or terminate use of the Services by the relevant Registered Email Address etc., the Company shall not bear any liability whatsoever for damage resulting from such divulgence of information. </li> <li>User may not make any claims whatsoever to the Company for investigation regarding temporary suspension of use of the Services, damages incurred, lost profits, and so on arising from theft, loss, or improper use by a third party of User’s Registered Email Address etc. </li> <li>Registration of a usable phone number under the control of User may be necessary for some Individual Services. In this case, this article shall also apply to that phone number. </li> </ol> Article 11. Account Possession <ol> <li>In principle, each User may have one account of each type. In cases where it is necessary for activities using the Services such as distinguishing between art works or names, User is allowed to have multiple accounts to the extent not otherwise in violation of these Terms of Use. </li> <li>Users may not under any circumstances transfer or loan an account to a third party. </li> </ol> Article 12. Use Environment <ol> <li>User shall maintain all hardware, software, and so on necessary for use of the Services at User’s own expense and under User’s own responsibility. </li> <li>Users shall take measures according to their own use environments for the prevention of infection with computer viruses, unauthorized access, leaks of information, and the like. </li> <li>The Company shall not have any involvement in or bear any responsibility whatsoever for User’s use environments. User shall bear all liability and damage arising from the hardware, communications lines, software, and so on used by User and all liability and damage caused by errors in the use of the Services by User, and the Company shall not bear any liability whatsoever, regardless of User’s willful misconduct or negligence. </li> <li>Users may in some instances acquire software for use of the Services via application distribution services provided by third parties (“Distribution Services”). In such case, the Company makes no warranties regarding the performance, details, or continuity of Distribution Services. The Company shall not bear any liability even in the case where User is unable to acquire such software because of suspension or discontinuation of all or part of such Distribution Services due to defects or other reasons. </li> </ol> Article 13. User Responsibilities <ol> <li>User shall use the Services under its own responsibility and shall bear all responsibility for actions taken when using the Services and their results. </li> <li>Transactions by User with other Users conducted by using the Services are direct transactions between the Users, and the Company is not a party to any agreement. </li> <li>All types of work, communications, performance of legal duties, resolution of problems, and so on in conjunction with the transactions between Users specified in the preceding paragraph shall be performed by the Users who are parties to the transaction. </li> <li>User shall bear all responsibility relating to Posted the Information that User Posts etc. by using the Services. The Company shall not bear any responsibility whatsoever regarding Posted Information that is Posted etc. by User using the Services. </li> <li>In the case where the Company or a third party incurs damage as a result of violation of these Terms of Use by User, User shall be liable to pay compensation to the Company for all such damage. </li> <li>In the case where dispute arises between the User and a third party relating to the service, the User is responsible for resolution of this conflict, and the Company shall not bear any liability whatsoever. User must pay compensation for damage and resolve the matter under its own responsibility and at its own expense (including attorneys' fees and all expenses related to the dispute etc.). However, situations where the Company is responsible due to the intention or gross negligence shall be excluded. </li> </ol> Article 14. Prohibited Conduct When using the Services, User must not engage in the conduct set forth in the following items. <ol> <li>Conduct that infringes or is likely to infringe on the copyrights, design rights or other Intellectual Property Rights (defined in Article 22, Paragraph 1) of the Company or third parties. </li> <li>Reproducing Posted Information Posted etc. to the Services or a related services without the consent of the copyright holder (author). </li> <li>Engaging in activities that have a commercial or business objective, use that has a profit-making objective, or use in preparation for such profit-making objectives, regardless of the means, by using, diverting, reselling, reproducing, transmitting, translating, adapting, modifying, and so on the Services or a portion of the Services (the content, information, functions, system, programs, etc.) or other secondary use or reproduction of the Services. </li> <li>Conduct that infringes or is likely to infringe on the property, privacy, or rights to likeness of the Company or third parties. </li> <li>Engaging in inappropriate discrimination against or malicious slander of the Company or a third party, abetting inappropriate discrimination against a third party, or harming the honor or reputation of a third party. </li> <li>Conduct in violation of the Act on Regulation of Stalking Conduct, making large numbers of telephone calls or telephone calls over an extended period of time or excessive and repeated inquiries of the same nature, transmitting large numbers of messages using a messaging function, or making demands regarding which there is no duty or which are baseless. </li> <li>Impersonation of another person. </li> <li>Conduct that is linked to or likely to be linked to fraud or other criminal behavior. </li> <li> Engaging in any of the following conduct in relation to the Posted Information data that constitutes constitutes obscenity, obscenity, child pornography, or child abuse in violation of laws, regulations, or other criteria established by the Company (referred to as “Improper Data”): <ol> <li>Issuing, posting, editing, or displaying Improper Data. </li> <li>Selling media that contains Improper Data. and </li> <li>Posting or displaying advertisements that allude to the transmission, display, or sale of media that contains Improper Data. </li> </ol> </li> <li>Conduct that is likely to glamorize, provoke, or abet suicide, self-injurious behavior, substance abuse, and so on. </li> <li> Posting etc. Posted Information data that contains any of the following: <ol> <li>Information that maliciously slanders Posted Information that has been Posted etc.. </li> <li>Information that can be used to identify an individual (including cases where an individual can be identified by collating such information with other Posted Information that has been Posted etc.) such as the name, address, workplace, or telephone number of the contributor or third party (including employees of the Company) </li> <li>Information whose veracity is difficult to confirm and false information. and </li> <li>Other information that the Company determines to be inappropriate. </li> </ol> </li> <li>Impersonating an operator or third party. </li> <li>Exchanging one’s use rights to the Services for cash, goods, or other economic benefit by any method other than the method specified by the Company. </li> <li>Acquiring multiple accounts of the same type (excluding cases specifically permitted under Article 11). </li> <li>Posting Posted Information for the purpose of commercial advertising, publicity, or inducement (except in cases specifically permitted by the Company), Posted Information that contains affiliate links, Posted Information that contains inducements to other parties such as MLM or “pay to surf,” Posted Information that induces traffic to adult sites, one-click fraud sites, sites intended to distribute viruses or other malicious computer programs, or other sites determined by the Company to be inappropriate (including simply posting links to such sites), or other Posted Information that the Company determines to be inappropriate. </li> <li>Inappropriately delaying responses to or ignoring communications from the Company or other Users who are conducting transactions between Users. </li> <li>Despite receiving any reward from a company, etc., acts that fall under the guise of a third party, such as advertising ("stealth marketing"), or acts using the Service in stealth marketing, etc. </li> <li>Using expression linked to discrimination on the basis of race, ethnicity, sex, age, belief, and so on. </li> <li>Conduct that imposes excessive loads on the Service servers, hinders operation of the Services or network systems, or is likely to have such results. </li> <li>Improperly rewriting or deleting data stored on the Company’s facilities. </li> <li>Transmitting or posting viruses or other harmful computer programs. </li> <li>Conduct that the Company determines violates laws and regulations, public order, these Terms of Use, or Individual Terms of Use etc. or infringes on the rights of another person. </li> <li>Posting or editing expression that extols or incites extremist ideas or antisocial behavior. </li> <li>Posting or editing expression that extols or incites discrimination on the basis of race, belief, occupation, sex, religion, and so on. </li> <li>Posting or editing expression that extols or incites cult-like religious activity or extreme political activity. </li> <li> Using the Services to display, sell, purchase, register, or engage in other transactions involving the products set forth below: <ol> <li>Stimulants, narcotics, psychotropic agents, marijuana, opium, poisons, toxic substances, and other prohibited goods. </li> <li>Marijuana seeds and products related to legal drugs (unregulated drugs). </li> <li>Firearms, swords, weapons, explosives, chemical weapons. </li> <li>Products that contain images or other data corresponding to obscenity, child pornography, or child abuse. </li> <li>Products that contain uncorrected representations of exposed sexual organs or explicit images of sexual intercourse. </li> <li>Used undergarments, uniforms, etc.. </li> <li>Prostitution and child prostitution. </li> <li>Products relating to gambling, lotteries, etc.. </li> <li>Products relating to unlimited chain investment schemes and multi-level marketing. </li> <li>Tobacco. </li> <li>Counterfeit currency, public documents (including driver’s licenses and passports), memberships, documents, electromagnetic recordings, and other such products. </li> <li>Bank accounts and the like. </li> <li>Gift cards, prepaid cards, revenue stamps, postage stamps, multiple use tickets, other securities, and coupons. </li> <li>Counterfeit brand products, imitation products, and pirated versions (illegal copies, etc.). </li> <li>Game copying devices, Pandora Batteries, and other devices that facilitate illegal copies and related products. </li> <li>Products obtained through theft, robbery, fraud, blackmail, embezzlement, misappropriation, or other crimes. </li> <li>Air guns, stun guns, pepper spray, swords whose possession is prohibited by laws and regulations. bugging devices, ultra-compact cameras, infrared cameras, and other products likely to be used for crimes. </li> <li>Products that infringe on patent rights, utility model rights, design rights, trademark rights, copyrights, </li> <li>Products regarding which the displaying party does not have sales rights and so on such as products for which the displaying party did not participate in the creation (not including cases where copyrights and other rights were assigned by the creator). </li> <li>Provision of services not involving a material creation and products likely to entail the provision of such services. </li> <li>Softwares that contain security threats such as computer viruses. </li> <li>Physical function examination kits, medical devices (medical supplies), pharmaceutical products, and pharmaceutical products the sale of which is prohibited in Japan. </li> <li>Human remains and parts of human remains. </li> <li>Animals, parts of animals, insects, and other organisms. </li> <li>Personal information, trade secrets, and other information not generally released to the public. </li> <li>Products for which a license or qualification required for sale is not held or satisfied. </li> <li>Other products whose trading violates laws and regulations (the Act on Specified Commercial Transactions, the Firearm and Sword Control Law, laws regulating narcotics, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and other relevant laws and regulations). </li> <li>Products intended to convert credit card credit limits to cash. </li> <li>Products for which the service provision period is lengthy. </li> <li>Products whose sale requires permits and approvals, registration, notice, and so on. and </li> <li>Other products outside the scope of the Company’s prohibitions and terms of use that the Company determines to be inappropriate. and </li> </ol> </li> <li>In situations where a User uses the Service to provide Products, license or service to other Users, the act that brings disadvantages to other Users of the Service, such as demanding different charges depending on the payment method. </li> <li>Other conduct that the Company determines to be inappropriate. </li> </ol> Article 15. Responses to Violation etc. and Cancellation of Registration <ol> <li> In cases where it is determined by the Company that User has violated these Terms of Use or the Company otherwise determines that it is necessary, the Company may, at its discretion and without prior notice, take the following measures against the relevant User. provided, however, that the Company shall not be obligated to take these measures or to disclose the reasons for taking these measures. <ol> <li>Demand that the User cease the conduct in violation of or suspected of being in violation of these Terms of Use and not repeat such conduct, as well as achieve these objectives by seeking a court injunction. </li> <li>Conduct consultations to resolve claims, demands, and so on with another person (including out-of-court dispute resolution proceedings). </li> <li>Demand deletion or revision of Posted Information. </li> <li>Delete all or some Posted Information, modify the scope of public disclosure, or make Posted Information inaccessible. </li> <li>Suspend use by the User. </li> <li>Compel the User to withdraw. and </li> <li>Reject a membership application. </li> </ol> </li> <li>Users may not make any objection regarding the Company’s measures specified in the preceding paragraph. </li> <li>Users shall release the Company from liability in cases where the Company takes the measures specified in each item of Paragraph 1 in relation to outcomes caused by those measures. </li> <li>User acknowledges in advance that the Company may take the measures specified in Paragraph 1 at its discretion and without prior notice. </li> <li> In the case where User falls under any of the following items, the Company may, at its discretion and without prior notice, suspend use of the Services, compulsorily cancel User’s registration, and thereafter reject use of the Services by User. <ol> <li>In the case where it is revealed that User submitted a membership application not in accordance with the method specified in Article 7, Paragraph 2. </li> <li>In the case where User violates these Terms of Use or Individual Terms of Use etc.. </li> <li>In the case where it is revealed that User falls under any item of Article 7, Paragraph 5. </li> <li>In the case where User suspends payments or becomes insolvent or a petition is filed for the commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement or special liquidation, or commencement of other comparable proceedings (this item is applicable to Users who use fee-based services). </li> <li>In the case where no response is made to an inquiry or other communication from the Company requesting a response for 30 or more days. </li> <li>In the case where multiple claims or inquiries regarding User are received by the Company from other Users or third parties. </li> <li>In the case where the Company determines that User is not appropriate as a User. or </li> <li>In other cases determined by the Company to be inappropriate. </li> </ol> </li> <li>In the case where a User falls under any items of the preceding paragraph and the Company temporarily suspends use of the Services by the relevant User or cancels the User’s registration, all obligations owed by User to the Company shall be accelerated, and User must immediately repay all obligations owed to the Company. </li> </ol> Article 16. Cancellation of Registration <ol> <li>User shall follow the procedure provided by the Company to request for deleting the account when requesting for cancellation, and follow the methods provided by the Company to delete the account. </li> <li>In the case where User’s registration (in cases where User is registered under separate qualifications for an Individual Service, including such registration) is cancelled, all rights of User to use the Services shall be extinguished, and the Company may delete all Registered Information and Posted Information of User. </li> <li>The Company shall not bear a duty to restore the Registered Information or the posted content of the relevant User for any reason. </li> </ol> Article 17. Authority to Delete Posted Information In the following cases, regardless of whether Posted Information is unlawful or violates these Terms of Use, the Company may delete all or some related Posted Information or take measures such as modifying the scope of public access. provided, however, that the Company shall not bear a duty to take these measures or to disclose the reasons for taking such measures. <ol> <li>In cases where a public agency or specialist (a national or regional public body, a reliability-confirmed body specified in the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders, Internet hotline, attorney, etc.) indicates or expresses an opinion that Posted Information is unlawful, contrary to public morals, or infringes on the rights of another person. </li> <li>In cases where a third party makes a claim of rights regarding Posted Information. </li> <li>In cases where the Company determines that Posted Information that has been Posted, etc. infringes on the copyrights of a third party. </li> <li>In cases where the Service experience problems due to the coding of letters in the Posted Information, or the Company determined the likeliness to be so. </li> <li>In cases where the volume of information registered by User exceeds the volume designated by the Company. or </li> <li>In other cases where the Company determines that it is necessary to delete the relevant information in accordance with laws and regulations or social norms. </li> </ol> Article 18. Procedures in Cases of Copyright Infringement <ol> <li>In cases where there is an infringement of the copyrights to User’s own work on the Service, such User may provide notice to the Company by a method designated by the Company of the items designated by the Company. </li> <li>In cases where notice is made pursuant to the order of a court, public prosecutor’s office, or administrative organization, the Company shall respond in compliance with such order. </li> <li>Disputes relating to the infringement specified in Paragraph 1 shall be resolved among the parties at their own costs and responsibilities.In the case where the Company incurs damage as a result of such problems, the party/parties to whom such problems are attributable shall (if they are multiple parties, jointly and severally) pay compensation for such damage. </li> <li>This article shall apply mutatis mutandis to infringement of rights other than copyrights. </li> </ol> Article 19. Use Fees <ol> <li>Except in the case of pixiv Premium and in cases specified otherwise in Individual Terms of Use etc. of the Services, use of the Services shall be without charge. </li> <li>The particulars of the fee-based services, use fees, methods of payment, and so on shall be separately specified in the Individual Terms of Use etc. </li> </ol> Article 20. Warranties and Duties Relating to Posted Information <ol> <li>When Posting etc. Posted Information using the Services, User warrants to the Company that the relevant Posted Information does not infringe on the rights of third parties. </li> <li>In the case where any dispute arises with a third party on the grounds that Posted Information Posted etc. by User infringes on the third party’s rights, User shall resolve the matter at its own expense and under its own responsibility and shall not cause any damage whatsoever to the Company. </li> <li>User shall, under its own responsibility, manage and store all data including images and text produced by User. User shall maintain appropriate backups of images, text, and other data uploaded to the Services, and the Company makes no warranties whatsoever regarding the preservation and so on of images, text, and other data. </li> </ol> Article 21. Ownership and Licensing of Intellectual Property Rights <ol> <li>Know-how, copyrights, design rights, trademarks, patent rights, utility model rights, rights under the Unfair Competition Prevention Law Act (including rights to receive design registrations, rights arising from trademark applications, rights to receive patents, and rights to receive utility model rights. referred to as “Intellectual Property Rights”. corresponding rights in foreign countries and comparable rights that arise as a result of future amendment and so on of laws and regulations are included in Intellectual Property Rights) relating to the Services and to all text, images, videos, music, logos, services, programs, and other information ancillary to the Services as well as all other rights belong to the Company or the third parties who licensed to the Company the use, application, or implementation of those rights. </li> <li>Intellectual Property Rights and all other rights to Posted Information Posted etc. by using the Services belong to the User who created the relevant Posted Information. provided, however, that, if prescribed explicitly, the User hereby transfers the Intellectual Property Right to the Company. </li> <li> User authorizes the Company to use information which user posted in the following ways: <ol> <li>The Company and third parties licensed by the Company shall provide the User's posted information free of charge within the necessary range for smooth provision, use promotion, advertisement / advertisement, construction, improvement and maintenance of the Company's system. Non-exclusive, permanent use, use (including modification of the necessary limit in light of the purpose of use) and implementation.For example, the Company post user's posted information on pixiv official SNS account such as Twitter, Facebook, Instagram, website operated by our company, or materials created by our company for the purpose of promoting and introducing this service・ It can be reprinted. </li> <li>The Company may provide a function that allows user to view posted information on pixiv and individual services, and our affiliated services. Post information may be processed according to the display format provided by the service. The Company will provide a means for users who have posted the information to check how the posted information is displayed in the service, and a contact point for inquiries about it. </li> </ol> </li> <li>In regards to the information of posted works on "pixiv Literature", the Company or and third parties licensed by the Company may selectively review the information of posted works through the Service and Individual Services. Users are considered to agree to the use and reviewing of posted works' information for selection and reviews. </li> <li>User shall not exercise author’s moral rights against the Company and third parties licensed by the Company in relation to the use, application or implementation etc. within the extent prescribed in the preceding paragraph. </li> <li>When the Company uses Posted Information in the format specified in Paragraph 3, the Company is entitled to omit display of some information or names and so on (including display of nicknames and other modified names). </li> </ol> Article 21-2. Use of Posted Information on pixiv Encyclopedia <ol> <li> On “pixiv Encyclopedia”, users may use the article body or the text in the comments sections of the Posted Information of other Users in accordance with the following conditions. Within the extent necessary for such use, when User posted the Posted Information, such User shall be deemed to give licenses the Company to sublicense other User to use such Posted Information: <ol> <li>Use of an excerpt of information in whole or in part is desirable, and in cases of unavoidable modification of information, a statement to that effect shall be made. </li> <li>Use shall be for non-commercial purposes. and </li> <li>The scope of use shall be limited to the web, and use in any other media is not permitted. </li> </ol> </li> <li>In relation to the use of other Users’ Posted Information on “pixiv Encyclopedia”, User shall acknowledge that such Posted Information has been posted at such Users’ responsibilities and that the Company shall not make any express or implied warranties regarding the veracity etc. of their contents. </li> </ol> Article 22.3: Original work and translation in the translation function: In the Service, in order to deliver the work to more users, a function has been set to solicit a translation from the user for the title, caption (description) or the text of the work in some of the posted information. The process up to the reflection of the translation and the attribution of the rights of the translation submitted by applying for the offer are as follows. <ol> <li> work submission user: <ol> <li>A work submission user is a user who submits a work on the Service. </li> <li>When submitting or editing a work on the Service, the work submission user sets whether or not to request a translation for each work. </li> <li>The user who submits the work can choose whether to approve the translation provided by the translation user (defined in the next section). In addition, the work submission user can choose whether to publish only the approved translation or to publish the provided translation once and approve it later. </li> <li>If the Work Contributor determines that the translation is malicious, the Work Contributor may block the Translator who posted the translation and return the translation of the Work to the content immediately prior to the translation by the Translator. </li> <li>Upon approval of the translation by the work submission user, the copyright of the translation (including Articles 27 and 28 of the Copyright Act. the same shall apply hereinafter) is transferred from the translation user to the work submission user free of charge. </li> </ol> </li> <li> Translation user: <ol> <li>A translation user is a user who provides a translation on the Service. No special qualifications required. </li> <li>If a translation is solicited for a work posted on the Service, the translation user can provide a translation to the translation solicitation part of the work. However, if the translation user is blocked by the user who submits the work, no translations can be provided to the work of the user who submits the work unless the block is removed. </li> <li>The copyright of the translation approved by the Work Contributor shall be transferred to the Work Contributor free of charge at the time of the approval. When a translation user submits a translation, at the time of the submission, the translation user consents to the transfer of the copyright in respect of the translation submitted by the translation user to the user who submitted the work and to the non-exercise of moral rights. </li> <li>When a translation is approved, the user name of the translation user who posted the translation before the translation is approved is listed as a translation contributor. However, this does not apply to translation users who are blocked by the user who submitted the work. </li> </ol> </li> </ol> Article 22. Translation of Tags Within the functions of some of the Services, User may propose translations of tags attached to Posted Information into Roman letters or other languages (“Tag Translations”) for the purpose of facilitating the use of search functions within the Services by individuals who use various languages. In such cases, User shall comply with the conditions set forth in the following items. Users shall propose Tag Translations after agreeing to the following items. <ol> <li>Proposed Tag Translations shall be used anonymously on the Services. The names of Users who make proposals shall not be displayed. </li> <li>Proposed Tag Translations may be used and modified without charge and non-exclusively to the extent necessary for the effective provision of the Services and related services, facilitation of use, advertising and publicity, and development, improvement, and maintenance of the Company’s systems. See (help) for examples of suggested translations . </li> <li>Proposed Tag Translations are provided to third parties as “anonymous translation data not including personal information” to enhance the quality of translations. </li> </ol> Article 23. Monitoring Operations <ol> <li>The Company and third parties entrusted by the Company shall have the right, at the Company’s sole discretion, to monitor whether User is using the Services in accordance with these Terms of Use and Individual Terms of Use etc. and to confirm that User is not engaged in any conduct in violation of these Terms of Use or other inappropriate conduct unless such monitoring or confirmation violates such User’s secrecy of communications. </li> <li>The Company shall have the right to mechanically filter messages sent and received on pixiv Message, to maintain appropriate operation of the Service by suspending the message feature of the User who sent messages including inappropriate wordings. </li> </ol> Article 24. Disclaimers <ol> <li>The Company will not participate in User communications and transactions, etc. Even in the event of a dispute between Users or between a User and a third party, the matter shall be resolved between the relevant Users or the User and third party, and the Company will not bear any responsibility whatsoever. </li> <li>In cases where the Company determines that it is necessary, the Company may, at its discretion and without the provision of notice to Users, modify, suspend, discontinue, or terminate the Services (including SDK and the like distributed by the Services, hereinafter in this Article 25 the same shall apply.) or delete or modify the particulars of the Services. In this case, the Company will not bear any liability to pay compensation or indemnification for any direct or indirect damage, losses, or other expenses (whether foreseeable or unforeseeable) incurred as a result of such modification, etc. of the Services. </li> <li> Even if provision of the Services is delayed, interrupted, etc. as a result of any of the reasons set forth below or other reasons, the Company will not bear any liability whatsoever for the resulting damage incurred by Users or other persons, except when specifically provided in these Terms of Use or Individual Terms of Use etc. <ol> <li>Implementation of periodic or emergency maintenance to the Services’s equipment, etc.. </li> <li>Unavailability of the Services because of disaster, power outage, or the like. </li> <li>Unavailability of the Services because of earthquake, explosion, flooding, tsunami, or other natural disaster. </li> <li>Unavailability of the Services because of war, riot, civil disorder, disturbance, labor dispute, or the like. </li> <li>Breakdown, upkeep, maintenance or the like of equipment and systems used by the Company. </li> <li>Decrease of display speeds or other failures due to excessive accesses or other unforeseeable factors. </li> <li>Occurrence of a security problem that cannot be prevented by the usual techniques such as preventing viewing use , known-free software and anti-virus measures </li> <li>In other cases where the Company determines that temporary suspension of the Services is necessary for operational or technical reasons. </li> </ol> </li> <li>The Company makes no warranties whatsoever regarding the accuracy, timeliness, usefulness, reliability, or suitability for particular purpose of the Services, the absence of any actual or legal defects, or the absence of any infringement on the rights of third parties. The Company will not bear any duties whatsoever to provide the Services free of such defects etc. Further, the Company makes no warranties including warranties regarding the status of provision of the Services, accessibility, or status of use. </li> <li>In cases where User uses the Services or information learned from the Services, User must comply with laws and regulations in the country or region of use, and the Company will not bear any liability whatsoever regarding violations of laws and regulations by User. </li> <li>The Company shall provide to Users a simple and high-quality payment environment and information on User needs, but the Company makes no warranties regarding the absence of problems and so on in payment transactions. Further, the Company will not bear any duties to make permanent updates or improvements to or correct problems etc. in the Services. </li> <li>The Company will not bear any duty to manage or store Posted Information Posted etc. by Users. </li> <li>The Company will not bear any liability whatsoever regarding the lawfulness, accuracy, and so on of Posted Information Posted etc. by Users. The Company will also not bear any liability whatsoever regarding the compliance of Posted Information Posted etc. by User with the internal rules and the like of the corporations, organizations, and so on with which the relevant User is affiliated. </li> <li> In the cases set forth below, the Company is entitled to access, store, or disclose to third parties (referred to in this paragraph as “Access etc.”) the details of the relevant Posted Information unless such Access etc. violates such User’s secrecy of communications. The Company will not bear any liability whatsoever with regard to any resulting damage incurred by Users. <ol> <li> If the Company sends an email or text message to the Registered Email Address of the User who Posted etc. the Posted Information requesting consent to Access etc. and the circumstances set forth in the any of the following items occurs. <ol> <li>If User consents to Access etc.. </li> <li>If an email or text message response from User is not received by the Company’s email servers within seven days from when the Company sent an email or text message requesting consent to Access etc.. provided, however, that this shall not include instances resulting from emergency or other unavoidable circumstances. </li> </ol> </li> <li>In cases where Access etc. is necessary to identify and resolve technical problems with the Services. </li> <li>In cases where a proper inquiry is received from a court, the police, or other public agency pursuant to laws and regulations. </li> <li>In cases where a User engaged in conduct in violation or suspected of being in violation of these Terms of Use, and the Company determines that it is necessary to confirm the particulars of Posted Information. </li> <li>In cases where there is an imminent risk to the life, body, or property of a person and the Company determines that there is an urgent need for Access etc.. or </li> <li>In other cases where Access etc. is necessary for proper operation of the Services or related services. </li> </ol> </li> <li>In cases where the Company determines that ther </li> <li> Notwithstanding the Company’s disclaimer set forth in Paragraphs 1 to 10 and the other provisions of these Terms of Use (referred to as the “Disclaimers”), in the case where the agreement between the Company and User relating to the Services (including these Terms of Use) constitutes a consumer contract specified in the Consumer Contract Act, the Disclaimers shall not apply and the following items shall apply: <ol> <li>the Company will not bear any liability whatsoever for damage incurred by User because of the Company’s nonperformance of obligations due to the Company’s negligence (excluding gross negligence) or unlawful conduct by the Company and that has occurred due to special circumstances (including cases where the Company or User foresaw or could have foreseen the occurrence of damage). </li> <li>the Company will compensate for actual damage incurred by User arisen normally and directly because of the Company’s nonperformance of obligations due to the Company’s negligence (excluding gross negligence) or unlawful conduct by the Company. provided, however that for User who incurred such damages in relation to fee-based services the amount of such compensation shall not exceed the total amount of payment for use fees etc. that is actually received by the Company from the damaged User within the period of 1 month prior to happening of the cause of such damages, or for Uses who incurred such damages in relation to free services the amount shall not exceed 1,000 JPY. </li> </ol> </li> <li>Other than the cases fell in the preceding paragraph, in cases where the Company, by any chance, bears liability to User in relation to use of the Services by User pursuant to the preceding paragraph, except in the case of the Company’s willful misconduct or gross negligence, the Company shall pay compensation for actual damage incurred by User to the extent of ordinary and direct damage, and in the case of fee-based services, up to the aggregate amount of use fees paid to the Company by User during the one-year period before User has made a claim for such compensation for damage. </li> </ol> Article 25. Exclusion of Anti-Social Forces <ol> <li>User represents and warrants that it is currently not a member of an organized crime group, a person cease to be a member of an organized crime group within the past five years, a quasi-member of an organized crime group, a constituent member of a company affiliated with an organized crime group, a corporate extortionist (sokaiya), a social campaign advocate racketeer (shakai-undo-to-hyobo-goro), a crime group with special intelligence, or any other person comparable to the foregoing (“Anti-Social Forces etc.”) and that it does not cooperate with and is not involved in the maintenance, management, or operation of any Anti-Social Forces etc. such as by the provision of funds or otherwise does not have any interaction with or involvement in any Anti-Social Forces etc. </li> <li> User represents and warrants that it shall not directly or through the use of third parties engage in the conduct set forth in the following items with regard to other Users and the Company. <ol> <li>Use of violent or threatening expression or behavior. </li> <li>Unjust demands that exceed legal responsibility. </li> <li>Conduct damaging the reputation or obstructing the business of other parties by spreading rumors, or using fraudulent means or force. </li> <li>Other conduct comparable to the preceding items. </li> </ol> </li> </ol> Article 26. Links to External Sites <ol> <li>With regard to external sites linked from content or advertising in the Services, the Company does not make any express or implied warranties regarding the accuracy, timeliness, completeness, merchantability, or fitness for particular purpose with regard to information displayed on those external sites, and even in the case where User or a third party incurs damage or detriment as a result of using such external sites, the Company will not bear any liability whatsoever. Each User is requested to access external sites based on its own determinations and under its own responsibility. </li> <li>The presence of links to external sites from information provided on the System does not signify the existence of any commercial relationship between the Company and the relevant external site. </li> </ol> Article 27. Notices and Communications <ol> <li>In cases where it is necessary to provide notice to or communicate with the User, the Company shall mail documents, post on a website, or use email or. In cases where User determines that communication with the Company is necessary, User shall communicate with the Company by using methods designated by the Company. In cases where the Company provides notice to or communicates with User by posting on a website, such notice or communication shall take effect after the passage of 48 hours from its posting, and in the case where the Company uses other means, the notice or communication shall take effect when sent by the Company to User. </li> <li>Except in cases where the Company determines that it is particularly necessary, the Company shall not accept communications by telephone or in person. </li> <li>Except when pursuant to laws, regulations, statutes, and the like in Japan, the Company shall not disclose or divulge to third parties other than User any personal information of User learned in relation to provision of the Services and shall not use such personal information in excess of the scope necessary for provision of the Services. </li> <li>Except in the cases specified in the following paragraph, the Company shall not disclose email communication histories to third parties. </li> <li>The Company may disclose the subject matter of an inquiry without obtaining User’s agreement in the case of investigation, seizure, or the like in the form of compulsory disposition pursuant to an order issued by a judge, in the case of an inquiry (Code of Criminal Procedure, Article 197, Paragraph 2) from a public agency with investigative authority pursuant to statute, and in other cases where provision is required pursuant to laws and regulations. </li> </ol> Article 28. Effectiveness of these Terms of Use <ol> <li>Even if a portion of these Terms of Use or Individual Terms of Use etc. is determined to be void pursuant to laws and regulations, the other provisions of these Terms of Use or Individual Terms of Use etc. shall remain valid. </li> <li>Even in the case where a portion of these Terms of Use or Individual Terms of Use etc. is determined to be void or is cancelled in relation to a particular User, these Terms of Use or Individual Terms of Use etc. shall remain valid in relation to other Users. </li> </ol> Article 29. Assignment of Business, etc. <ol> <li>In the case where the Company assigns the business relating to the Services to a third party or in the case where the Company undergoes a corporate division, merger, or other organizational restructuring (“Business Assignment etc.”), the Company is entitled to assign to the relevant third party its status under agreements between User and the Company (including these Terms of Use and Individual Terms of Use etc.) and information provided by User to the Company in the course of using the Services. </li> <li>In the case of the preceding paragraph, User consents in advance to a Business Assignment etc. </li> <li>The Company is entitled to assign to third parties its claims against Users, and the relevant User approves the provision of its personal information to such third parties for such purpose. </li> </ol> Article 30. Governing Law and Court of Competent Jurisdiction <ol> <li>These Terms of Use and Individual Terms of Use etc. shall be governed by the laws of Japan. </li> <li>If litigation between User and the Company becomes necessary, the Tokyo District Court shall be the exclusive court of first instance. </li> </ol> Article 31. Language The Japanese versions of these Terms of Use and Individual Terms of Use etc. shall be the official version. In the event of any discrepancy between the Japanese versions and any versions in another language, the Japanese versions shall take precedence. Supplementary Provisions <ul> <li>These Terms of Use shall take effect on June 1, 2008. </li> <li>These Terms of Use shall also apply to conduct undertaken by Users before these Terms of Use came into effect. </li> </ul> Revisions <ul> <li>December 1, 2020: Due to the termination of pixiv PAY service, "pixiv PAY Individual Terms" has been deleted. </li> <li>October 27, 2016: The terms of use for pixiv, pixiv Comic, pixiv Novel, and pixiv Bungei integrated. </li> <li>April 12, 2018: “Translations” added to the scope of “information relating to posted works” specified in Article 2, Paragraph 8. </li> <li>March 30, 2020：These Terms of Use positioned as the terms of use for the Services overall, coordinated with individual terms of use, and revised throughout. </li> </ul> Privacy PolicyThis document is an English translation of the original version for reference purposes only. The original version is written in the Japanese language. In the case of any discrepancy between the original Japanese version and this English translation, the original Japanese version shall prevail. This pixiv Privacy Policy (this “Privacy Policy”) specifies the handling of information (“User Information”) of persons (“Users”) who use the services (meaning the Services specified in the pixiv Master Terms of Use (Master Terms of Use). referred to as the “Services”) provided by pixiv Inc. (“Company”). Unless otherwise provided, terms used in this Privacy Policy shall have the meanings defined in the pixiv Master Terms of Use or Individual Terms of Use. In addition, the Privacy Policy is Individual Terms of Use applied to the Master Terms of Use. In terms of unspecified matter in the Privacy Policy, unless specified to exclude to be applicable to the Privacy Policy, will be applied to the Master Terms of Use and regulated guidelines that the Company specified to (referred to as “Regulations”). This Privacy Policy was formulated by revising the privacy policies of pixiv and Vroid Hub and integrating them with the privacy policies of other Services. This Privacy Policy applies to use of the Services on and after March 30, 2020Article 1. DefinitionsIn this Privacy Policy, “Personal Information” means personal information defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information.Article 2. Methods of acquiring Personal Information<ol> <li>Company shall acquire the Personal Information of Users to the extent that Users use the Services.</li> <li>Acquisition of other Personal Information shall be performed by appropriate and lawful means. Personal Information shall not be acquired by improper methods contrary to the intentions of Users.</li> </ol>Article 3. Information Company acquires and purposes of use (according to each Service)Company shall acquire or may in the future acquire from Users the User Information specified in each of the following items via the Services or Individual Services in the cases specified in each item for the purposes of use specified in each item. <ol> <li>items<dl> <dt>(1)Email address, password, nickname, gender, date of birth</dt> <dd>Time of acquisitionAt the time of registration for the Service(s)of use <ol> <li>To provide the Services and to provide appropriate contents to the user.:</li> <li>To use User Information for making determinations regarding improvement of the Services, provision of new services, posting and distribution of advertisements, and the like on the basis of Users’ age, gender, interests etc.;</li> <li>To prevent ways of use contrary to the Terms of Use of the Services and to resolve operational problems;</li> <li>To prepare statistical data on ways of use by Users and so on (in cases where such date is prepared, however, the data shall be processed so that individuals cannot be identified);</li> <li>To confirm applications for email distribution services and to distribute email;</li> <li>To send notices regarding the results of contests, campaigns, prizes, and so on, to deliver goods, and to send rewards for questionnaires and the like;</li> <li>To provide information regarding various membership services and other types of services;</li> <li>To request cooperation with surveys and participation in events and to report on the results etc.. and</li> <li>To determine the status of use of the Products, Services, Website, and so on and to provide information, surveys, and so on regarding Company and other companies or organizations believed to be beneficial to Users.</li> </ol> </dd> <dt>(2)Login information of: PayPal, SP-Mode payment (docomo), au Kantan payment (au), SoftBank Matomete Shiharai (SoftBank), App Store payment, and Google Play payment.</dt> <dd>Time of acquisitionWhen registering for pixiv PremiumPurpose of useTo collect usage fees from Users of pixiv Premium * Company does not retain credit card information, and payment is made via the settlement service company. </dd> <dt>(3)Email address, user account, details of inquiry</dt> <dd>Time of acquisitionWhen making an inquiry regarding the ServicesPurpose of useTo respond to the inquiry *Users may be asked to provide nicknames for inquiry as necessary depending on the services. </dd> <dt>(4)Internet domain name, IP address, in-site search query information, and other information relating to viewing the Services </dt> <dd>Time of acquisitionWhen using the ServicesPurpose of useTo improve the Services by analyzing User usage environments, to develop new services, and to prevent violations of the Terms of Use and other improper use of the Services </dd> <dt>(5)Cookies relating to Users’ use of the Services</dt> <dd>of acquisitionWhen using the ServicesPurpose of use <ol> <li>To ascertain the status of use by Users for improving the Services and developing new services. and</li> <li>To provide more personalized content with a higher degree of relevance to Users on the Services</li> </ol> Details are set forth in 13: Use of Cookies. </dd> <dt>(6)Information relating to receipt and opening of emails sent by Company to Users</dt> <dd>Time of acquisitionWhen Company sends emails to UsersPurpose of useTo confirm receipt and opening of emails. * Limited to cases where Users are using email software with confirmation functions. </dd> <dt>(7)Name, postal code, address, telephone number, Bank account information</dt> <dd>Time of acquisitionWhen Users purchase goods and when Company receives replies from contest winnersPurpose of use <ol> <li>To deliver goods purchased by Users. and</li> <li>To deliver prizes to contest winners and campaign winners</li> <li>To transfer prize money for contest winners and campaign winners to their bank account</li> </ol> </dd> </dl> </li> <li>Individual Services<ol> <li>pixivFACTORY、BOOTH<dl> <dt>(1)Email address, password, nickname, gender, date of birth</dt> <dd>Time of acquisitionAt the time of registration for the Individual ServicePurpose of use <ol> <li>To provide the Services and to provide appropriate contents to the user.:</li> <li>To use User Information for making determinations regarding improvement of the Services, provision of new services, posting and distribution of advertisements, and the like on the basis of Users’ age, gender, interests etc.;</li> <li>To prevent ways of use contrary to the Terms of Use of the Services and to resolve operational problems;</li> <li>To prepare statistical data on ways of use by Users and so on (in cases where such date is prepared, however, the data shall be processed so that individuals cannot be identified);</li> <li>To confirm applications for email distribution services and to distribute email;</li> <li>To send notices regarding the results of contests, campaigns, prizes, and so on, to deliver goods, and to send rewards for questionnaires and the like;</li> <li>To provide information regarding various membership services and other types of services;</li> <li>To request cooperation with surveys and participation in events and to report on the results etc.. and</li> <li>To determine the status of use of the Products, Services, Website, and so on and to provide information, surveys, and so on regarding Company and other companies or organizations believed to be beneficial to Users.</li> </ol> </dd> <dt>(2)Name, postal code, address, telephone number, Place of employment, affiliation, address of workplace, telephone number of workplace</dt> <dd>Time of acquisitionWhen contact information is addedPurpose of useTo deliver Products to Users </dd> <dt> (3)PayPal login information, Rakuten Pay login information (In cases of bank/convenience store payment) Name, telephone number</dt> <dd>Time of acquisitionWhen Users purchase ProductsPurpose of useTo receive payment for the Products * Company does not retain credit card information, and payment is made via the settlement service company. </dd> <dt>(4)Name, address, telephone number and transfer destination</dt> <dd>Time of acquisitionAt the time of registration for the shop ownerPurpose of useTo bill Users who used the Individual Service for use fees, to receive payment for products purchased by Users, to make payment of the amounts received to Sellers * Company does not retain credit card information, and payment is made via the settlement service company. </dd> </dl> </li> </ol> </li> <li>pixiv Sketch LIVE<dl> <dt>(1)Bank account information</dt> <dd>Time of acquisitionAt the time of remittance for rewardsPurpose of useTo make payment by remittance to the specified bank account for rewards as cash </dd> </dl> </li> </ol>Article 4. Restrictions on Use of Personal InformationExcept in the cases set forth below, Company shall use Personal Information acquired from Users through use of the Services by Users only to the extent necessary to achieve the purposes of use specified above. <ol> <li>In cases in which the handling of Personal Information is based on laws and regulations;</li> <li>In cases where the handling of Personal Information is necessary to protect the life, body, or property of an individual and it is difficult to obtain the consent of the person whom the Personal Information concerns;</li> <li>In cases where the handling of Personal Information is specially necessary to improve public health or promote the sound growth of children and it is difficult to obtain the consent of the person whom the Personal Information concerns. and</li> <li>In the case where the handling of Personal Information is necessary for cooperating with a state organ, local governmental body, or an individual or a business operator entrusted by one in executing the affairs prescribed by laws and regulations and in which obtaining the consent of the person whom the Personal Information concerns are likely to impede the execution of those affairs.</li> </ol>Article 5. Provision of Personal Information to third parties, etc.<ol> <li>Except in the cases set forth in the following items or in paragraph5.2, Company shall not provide User Information that constitutes Personal Information to third parties (except the persons specified in each item of Article 23, Paragraph 5 of the Act on the Protection of Personal Information).<ol> <li>In cases where the User consents in advance to the provision to the third party;</li> <li>In cases the provision of Personal Information is based on laws and regulations;</li> <li>In cases where the provision of Personal Information is necessary to protect the life, body, or property of an individual and it is difficult to obtain the consent of the person whom the Personal Information concerns;</li> <li>In cases where the provision of Personal Information is specially necessary to improve public health or promote the sound growth of children and it is difficult to obtain the consent of the person whom the Personal Information concerns;</li> <li>In the case where the provision of Personal Information is necessary for cooperating with a state organ, local government, or an individual or a business operator entrusted by one in executing the affairs prescribed by laws and regulations and where obtaining the consent of the person whom the Personal Information concerns are likely to impede the execution of the affairs. and </li> <li>In cases where an inquiry is received from police, a prosecutor, secretary of a public prosecutor’s office, tax officer, drug enforcement agent, bar association, court, or other person with legal inquiry authority or in the case where Company makes a determination that the circumstances constitute averting present danger or justifiable self-defense.</li> </ol> </li> <li>Company may provide the User Information specified below that constitutes Personal Information to third parties via the Individual Services indicated below.<ul> <li>BOOTH<ol> <li>In cases where the Company determines that it is necessary for provision of the Services. In cases where transactions are conducted on the Services in particular, the email address and delivery address of the purchaser-customer will be disclosed to the Shop Owner. Information of parties to transactions that is disclosed shall be used only for the relevant transaction, and such information shall not be disclosed to third parties without the purchaser-User’s prior consent;</li> <li>In cases where provision of User information is required by a court, administrative agency, supervisory authority, or other public agency;</li> <li>In cases where a member causes inconvenience to third parties and Company determines that disclosure is necessary to resolve the matter;</li> <li>In cases where Company determines that the disclosure of information is necessary to protect the rights and interests of Users of the Services and third parties. and</li> <li>In cases where Company otherwise determines that disclosure is necessary for maintenance of the Services.</li> </ol> </li> </ul> </li> <li>In the cases set forth in the following items, Company may provide User Information that constitutes Personal Information without the User’s consent pursuant to Article 23, Paragraph 5 of the Act on the Protection of Personal Information.<ol> <li>In cases where operations are entrusted in whole or in part to service providers which Company has found to be sufficiently reliable, including sole proprietor, and with which Company has entered into personal information confidentiality agreements in order to process User Information, provide information to Users, administer campaign questionnaires, and so on and in other cases where Company outsources a portion of the Services and provides User Information to the extent necessary for performance of the outsourced services;</li> <li>In cases where the Personal Information of Users who use fee-based services is entrusted to settlement system companies, credit card companies, and banks that are Company service providers for the purpose of billing Users who use the fee-based services for use fees;</li> <li>In cases where items delivered to Users are entrusted to delivery service providers. and</li> <li>In cases where Company’s business is assumed pursuant to a business transfer or the like.</li> </ol> </li> <li>The company may tabulate and analyze Personal Information of individuals, process that information in formats that do not allow for the identification of individuals, and disclose statistical data relating to that information for the purpose of providing statistical data to third parties.</li> <li>To measure the frequency of use of the Services for the purposes of making improvements to the Services, Company uses external services to collect anonymous traffic data. Individual users cannot be identified through this conduct. Details stated on Article 13.</li> <li>To create anonymously processed information, Company will:<ol> <li>Anonymize appropriately based on laws and regulations</li> <li>Take security control measure based on laws and regulations to prevent information leakage of data and procedure of anonymizing</li> <li>To announce item of information included in the anonymously processed information based on laws and regulations</li> <li>To not attempt actions that lead to recognition of the individual of the information used to create anonymized data</li> <li>When providing anonymously processed information to a third party, to announce the item of information included in the anonymously processed information and procedures to providing, as well as specifying to the third party that the data is anonymized</li> </ol> </li> </ol>Article 6. Disclosure, Correction, etc.<ol> <li>Users may request that Company disclose the Personal Information in its possession in accordance with the procedures specified separately by Company. provided, however, that this shall not apply in the cases specified in the following items.<ul> <li>手続きの方法</li> </ul> <ol> <li>In cases where Company is unable to confirm the identity of a User making such request;</li> <li>In cases where there is a likelihood of harm to the life, body, property, or other interests of the User or a third party;</li> <li>In cases where there is a likelihood of substantial impediment to the proper execution of Company’s business operations. and</li> <li>In cases where disclosure would be contrary to laws and regulations.</li> </ol> </li> <li>In the case where the Personal Information of a User in Company’s possession is not factually correct, the User may request correction, supplementation, or deletion (“Correction etc.”) of the particulars of the relevant information in accordance with the procedures specified separately by Company. In such cases, Company shall without delay perform necessary investigations to the extent necessary to achieve the objectives of use of the relevant Personal Information and, on the basis of the results, shall Correct etc. the particulars of the Personal Information.</li> <li>When performing the disclosure procedures specified in Paragraph 1, Company may request submission of the User’s personal identification documents to the extent necessary to confirm that the request for the disclosure of Personal Information is from the Users whom that information concerns.</li> </ol>Article 7. Personal Information Necessary for Account MaintenanceIn the case where a User does not consent to the provision of an email address and other Personal Information necessary for maintenance of a User account on the Services or for use of the Services, the User cannot use the Services.Article 8. Deletion of Service AccountsIn the case where a User deletes a Service account, Company shall properly process the User Information of the User in accordance with the Terms of Use, incidental agreements, and this Privacy Policy.Article 9. DisclaimersCompany shall not bear any liability whatsoever in relation to the acquisition of Personal Information by third parties in the following cases. <ol> <li>In cases where a User itself disclosed Personal Information to a third party using the functions of the Services or otherwise;</li> <li>In cases where a User identified himself or herself by inputting information or the like on Services;</li> <li>In the case where a User registers or applies for or orders the Services using a browser not compatible with transport layer security (TLS) or provides User Information by email or postal mail and a third party not under Company’s management accesses or steals that information during the process of delivery to Company. and</li> <li>In the case where a User or third party incurs damage as a result of improper conduct by unauthorized access or others despite the implementation of security measures by the Company.</li> <li>In cases where a User used the Service with third party apps that are not recommended by the Company.</li> </ol>Article 10. Access from OverseasPlease refrain from accessing the Websites from countries or regions where the use, management, and operational methods of the Services or the content posted on the Services is unlawful or improper.Article 11. RevisionThis Privacy Policy is subject to revision. When revising this Privacy Policy, Company shall disclose the revised policy by means specified separately by Company and shall provide notice to the effect that this Privacy Policy was revised by the method specified by Company.Article 12. Inquiries<ol> <li>Except in cases where there is a likelihood of impediment to the proper execution of Company’s business operations, Company shall maintain a condition whereby only the persons whom Personal Information concerns are able to learn Personal Information in Company’s possession. Please use the method designated by Company to confirm, correct, or delete the particulars of that information.</li> <li>Inquiries, complaints, and consultations regarding the disclosure of Personal Information and its correction or deletion from the persons whom the Personal Information concerns and inquiries regarding this Privacy Policy can be made using the following email form. https://www.pixiv.net/support.php</li> </ol>Article 13. Use of cookies and Advertising Identifier etcWhen Users access pages while using Services, User cookie information, Advertising Identifier (IDFA) provided by Apple Inc., Advertising ID (AAID) provided by Google Inc., and other such cookies (“Cookies and Advertising Identifier etc.”) are used to automatically gather information concerning advertisements and pages viewed by the User, applications, the User’s use environment, and other information, and the Cookies and Advertising Identifier etc. are stored on Company’s servers. The purpose of this information is not the identification of individuals, but enhancement of the Services and optimization of advertising distribution. The purposes and methods of use are set forth below. <ol> <li>Retention of basic settingsCookies are used to retain settings such as User customized displays regarding Services in order to provide more convenient service environments to Users. </li> <li>Login and account authenticationServices use cookies for automatic account authentication. When an individual’s pixiv account is used to login, the Services can be used without the need to input account information when accessing other pages and when logging in for the second and subsequent times. </li> <li>Determination of use conditions and investigation of service improvementsThe status of use of Services is determined and analyzed and Google Analytics provided by Google Inc. are used as reference for the provision of services more suitable to individual User interest in needs. Each services' procedures of access information data collection are established by each services' Terms of Use and Privacy Policy. <ul> <li>Google Analytics Terms of Use https://marketingplatform.google.com/about/analytics/terms/us/</li> <li>Firebase Terms of Use https://firebase.google.com/terms?hl=us</li> <li>Google Cloud（BigQuery Terms of Use） https://cloud.google.com/terms?hl=us</li> <li>Looker Terms of Use https://looker.com/trust-center/legal/customers/msa</li> <li>Google Privacy Policy https://policies.google.com/privacy?hl=en</li> <li>Looker Privacy Policy https://looker.com/trust-center/privacy/policy</li> <li>Repro Privacy Policy https://repro.io/company/legal/privacy/</li> </ul> Google Analytics can be disabled by downloading and installing the Google Analytics Opt-out Browser Add-On from the following website and changing the settings of your browser add-on. <ul> <li>Google Analytics Opt-out Browser Add-on https://tools.google.com/dlpage/gaoptout?hl=ja</li> </ul> </li> <li>Implementation of surveysQualaroo, Google forms, and the like are used to implement surveys on Services. Qualaroo uses cookies that do not include Personal Information. Detailed information regarding Qualaroo cookies can be found in Qualaroo privacy policy on the following page. <ul> <li>Qualaroo https://qualaroo.com/privacy-policy/</li> <li>Google https://policies.google.com/privacy</li> </ul> </li> <li>Display of advertisements Cookies and Advertising Identifier etc. are used to analyze User behavior histories on Services in order to optimize the distribution of advertisements by Company. In some cases, Cookies and Advertising Identifier etc. are used for distribution from Company of targeted advertisements that predict areas of high User interest or preference. In addition, there are instances where Cookies and Advertising Identifier etc. are used to distribute Services targeted advertisements from the third-party servers of third-party companies to which Company has outsourced services. In cases where such third-party companies distribute advertisements by using Cookies and Advertising Identifier etc., the information that is automatically acquired is stored on the third-party company servers and is managed in accordance with the privacy policies of those third-party companies. The privacy policies of each company and the procedures for disabling targeted advertising can be confirmed on the following pages. <ul> <li>Procedure to disable targeting by Company https://www.pixiv.net/optout/</li> <li>Procedure to disable targeting distribution on the iOS application https://support.apple.com/ja-jp/HT202074</li> <li>Procedure to disable targeting distribution on the Android application https://support.google.com/googleplay/answer/3405269</li> <li>DDAI（Date Driven Advertising Initiative） http://www.ddai.info/optout</li> <li>YourAdChoices http://www.aboutads.info/choices</li> <li>Rubicon Project http://rubiconproject.com/privacy</li> <li>i-Mobile Co., Ltd. https://i-mobile.co.jp/privacy.aspx</li> <li>Akinasista Corporation http://www.akinasista.co.jp/privacy_policy/index.php</li> <li>Axel Mark Inc. http://www.axelmark.co.jp/privacy</li> <li>AppLovin https://www.applovin.com/privacy-jp/</li> <li>Amazon Japan G.K. https://www.amazon.co.jp/gp/help/customer/display.html/ref=hp_left_v4_sib?ie=UTF8&nodeId=201909010</li> <li>AmoAd Inc. https://www.ca-wise.co.jp/privacy/</li> <li>AOL Platforms Japan K.K. http://www.aolplatforms.jp/company/privacy/</li> <li>OpenX http://www.openx.com/about/privacy-policy</li> <li>Google Inc. https://www.google.com/settings/ads</li> <li>CRITEO K.K. https://www.criteo.com/jp/privacy/</li> <li>CyberAgent, Inc. http://www.dynalyst.jp/legal/policy/optout.html</li> <li>Geniee, Inc. https://geniee.co.jp/privacy/</li> <li>Supership Inc. http://supership.jp/optout.html</li> <li>GMO AD Marketing Inc. https://www.gmo-am.jp/privacy.html</li> <li>F@N Communications, Inc. https://nend.net/privacy/explainoptout</li> <li>Facebook Inc. https://www.facebook.com/about/ads</li> <li>Fluct, Inc. https://corp.fluct.jp/privacy/</li> <li>Platform One Inc. https://www.platform-one.co.jp/optout/</li> <li>MicroAd Inc. https://send.microad.jp/w3c/</li> <li>MoPub Inc. https://www.mopub.com/optout/</li> <li>Yahoo! Japan Corporation https://btoptout.yahoo.co.jp/optout/preferences.html https://docs.yahoo.co.jp/docs/info/terms/chapter1.html#cf2nd</li> <li>United, Inc. https://ja.ad-stir.com/sp/optout.html</li> <li>株式会社Zucks https://zucks.co.jp/privacy/</li> <li>PubMatic, Inc. https://pubmatic.com/legal/privacy-policy/</li> <li>Liftoff Mobile, Inc. https://liftoff.io/ja/privacy-policy/</li> <li>Mobfox US LLC https://www.mobfox.com/privacy-policy/</li> <li>OneSignal https://onesignal.com/privacy_policy</li> <li>Smaato, Inc. https://www.smaato.com/privacy/</li> <li>SMN株式会社 https://www.so-netmedia.jp/privacypolicy/</li> <li>株式会社アドインテ https://adinte.co.jp/privacy/</li> </ul> </li> </ol>Artiicle 14. Use of reCAPTCHA EnterpriseTo protect the Website from spam and the like submitted through online forms, the Website uses the reCAPTCHA Enterprise service provided by Google Inc. The service determines whether the submitting person is a human or a robot, and consequently, Google collects data including IP address for this service. In addition, input data is used by Google for this purpose. In the case of Users in the EU or European Economic Area, IP addresses are anonymized in advance. In the United States, IP addresses are anonymized after transmission to Google. In order to evaluate the use of the Website by Users, Google uses this information in place of Company. IP addresses collected from customer browsers through the use of the reCAPTCHA Enterprise service are not linked to other data in Google’s possession. Data collection is performed in accordance with Google’s data protection rules. Details concerning Google’s privacy policy can be found at the following page. <ul> <li>https://www.google.com/intl/ja/policies/privacy/</li> </ul> Article 15. Cases where the use of Cookies and Advertising Identifier etc. are not allowedUsers can set whether to allow the use of Cookies and Advertising Identifier etc. In cases where use of Cookies and Advertising Identifier etc. is prohibited, however, it may not be possible to use certain service settings and services that require Cookies and Advertising Identifier etc.Supplementary provision<ul> <li>These individual terms will come into effect on July 12, 2018.</li> <li>This Privacy Policy also apply to any actions you have taken prior to the enforcement of This Privacy Policy.</li> </ul>Revision:<ul> <li>December 1, 2020 Due to the termination of the pixiv PAY service, "2. PAY" has been deleted from "2 Individual services" in "3. Information Company acquires and purposes of use (according to each Service)".</li> <li>March 30, 2020 Modified overall Terms of Use as Master Terms of Use and related Individual Terms of Use</li> <li>April 18, 2019 Added reCAPTCHA to Article 11 "Use of Cookies etc." to understand usage for reCAPTCHA use , and for service improvement update</li> <li>September 12, 2018 Added company names and links to Display of Advertisements on Article 11 "Use of Cookies etc."</li> <li>May 16, 2018 Added Article 12 regarding the recommended function in Article 2 "Terms of Use" based on General Data Protection Regulation by European Union. Modified to detailed procedures and disabling methods of data use (of login, data use, advertisements etc.) on Article 11 "Use of Cookies etc."</li> </ul> Guidelines on registered trademark ピクシブ株式会社（以下「当社」とします）は、pixiv（https://www.pixiv.net/）での作品（イラスト・漫画・小説）の発表と、そこから生まれるpixiv独自の「作品を介したコミュニケーション」を大切にしています。 本ガイドラインは、pixiv商標の適切かつ合法的な使用に関するご質問にお答えするため、そして不適切または違法な使用により生じうるお客様の混乱を防ぐために作成されました。 本ガイドラインに記載のない方法でpixiv商標の利用を検討される場合は、お問い合わせフォームまでご相談ください。 pixiv商標の使用に関する基本規則 <ol> <li>pixiv(ピクシブ)という名称、ロゴ画像（以下「pixiv商標」と言います）は、ピクシブ株式会社（pixiv Inc.）の登録商標です。 </li> <li>pixiv商標は、明示的に認められた場合を除き、その使用、改変等をすることは禁止します。このことは、pixivplayerや、LookPixivなどの言葉の組み合わせや、Pixappsなど部分的に削除、変形、改造、略記等についても同様です。 </li> <li>pixivのウェブサイト(https://www.pixiv.net/)、または当社が提供する関連するサービスについて、虚偽の、または名誉を毀損するような使用をしないでください。 </li> <li>本ガイドラインは当社の判断により、予告なく変更される場合がございます。 </li> </ol> pixivロゴ・アイコン使用に関して 本ページのガイドラインに則った使用方法に限り、pixivロゴ・アイコンを使用することができます。本ガイドラインに従わない使用は、固く禁じられています。 余白 最小サイズ 背景色に応じたロゴの利用 背景色によってロゴの視認性が損なわれる可能性があります。背景色に応じて、適切なロゴ使用をお願いいたします。明るい背景には、青に近いのカラーロゴを使用し、暗い背景には白のカラーロゴを使用してください。 禁止事項 <ol> <li> 白黒印刷などのカラー制限があるような場合を除いて、pixivロゴ・アイコンに変更を加えてはいけません。他の言葉や画像と組み合わせたり、一部分を切り離す、縦横比を比例しない値に変更する等の加工は禁止します。以下禁止例： </li> <li>当社が支援または推奨しているかのような印象を与えるなど、事実とは異なる関係性を想起させるような形での使用は禁止します。 </li> <li>何らかの法律、規則に違反しているサイトやサービスへの使用は禁止します。 </li> <li>他の商品名、サービス名、商標、ロゴ、または会社名の一部として使用することは禁止します。 </li> <li>許可なく当社および当社が提供するサービスのデザインを使用しないでください。 </li> <li>pixivロゴ・アイコンを使って独自のボタンやマーク、ロゴ、アイコンを作成する事は禁止します。 </li> </ol> 使用方法について疑問点や判断に迷う点がある場合は、お問い合わせフォームまでご相談ください。 ご自身のアカウント(pixiv ID)を告知する場合 「pixiv」または「ピクシブ」の表記を含めた形でご利用ください。 pixivロゴ・アイコンをご使用いただく事も可能です。 出版物、イベント、各種WEBサービス等でpixivについて紹介する場合 <ol> <li> サービス名「pixiv」/会社名「ピクシブ」と正しい表記、表現をお願いします。 ※「pixiv」は全て小文字で表記。 </li> <li>当社や当社サービスについて不正確な内容の発言を行うことは禁止します。 </li> <li>当社や当社サービスと何らかの関係や提携関係がある、または支援または推奨しているかのような印象を与えるなど、事実とは異なる関係性を想起させるような形での使用は禁止します。 </li> <li>当社から発行/配信されていると誤解されるような表現は禁止します。 </li> <li>作品投稿者本人の承諾なしに作品を印刷/転載することは禁止します。 </li> </ol> 商品及び役務提供へのpixiv表記記載について 基本的に商品及び役務提供へのpixiv商標の表記は認めていません。 pixiv商標の使用をご希望の場合は、お問い合わせフォームまで詳細な提案書と共にご連絡ください。 利用可能な例: <ol> <li>pixiv商標を「pixiv」サービスへのリンクとして使用することは可能です。 </li> <li>pixiv商標、その他イメージを使って、あなたのサービスが「pixiv」と互換性があることを示すために使用すること（「pixiv」と表現する場合、pixiv を直接的に言及するようにすること (例えば「pixiv上の作品」など)。 </li> </ol> アプリケーション、各種サービス等への使用について pixivの利用をより便利にするアプリケーションやサービスについて、開発を行われる方は以下の内容をお守りください。 <ol> <li>使用に関しては各自が責任を負うものとし、当社は一切の責任を負いません。 </li> <li>pixivを利用して投稿された画像等の情報の著作権その他一切の権利は、当該画像等を創作したユーザーに帰属します。 </li> <li>pixivおよび、関連サービスは、予告なしにその機能や掲載内容の改訂、変更、提供停止を行う場合がございます。 </li> <li>クローラーなどのプログラムを使って作品を収集する行為、サーバに極端な負荷をかける行為は禁止します。また、それらに違反しない場合でも、当社はその停止を要求する場合がございます。 </li> <li>『pixiv プラットフォームを利用して開発したアプリケーションである』という主旨の説明を表記した場合の利用は通常問題ありません。『pixivが作成、配布しているアプリケーションではない』という旨を併記してください。また、当社サービスと混同を招きかねない名称は避けてください。 </li> </ol> 改訂 <ul> <li>2017年2月14日　アイコンを追加 </li> <li>2018年3月12日　禁止事項の1.禁止例、余白、最小サイズ、背景色に応じたロゴの利用を追加</li> </ul> pixiv Points Terms of Use This document is an English translation of the original version for reference purposes only. The original version is written in the Japanese language. In the case of any discrepancy between the original Japanese version and this English translation, the original Japanese version shall prevail. Article 1. Scope of Application of These Terms of Use The “pixiv Point Terms of Service” (hereinafter “pixiv Point Terms”) applies to the provision of point system services using pixiv points provided by the Company (hereinafter “pixiv Point Service”). , Pixiv Point Terms are individual terms of pixiv Master Terms of Use (hereinafter referred to as "Master Terms of Use") that apply to all services provided by the Company, and for matters not specified in the pixiv Point Terms, Except in cases where the pixiv Point Terms of Use stipulates exemption, in addition to the "Master Terms of Use", various regulations such as guidelines established by the Company on the pixiv Point Service (hereinafter referred to as the "Rules") is applied. pixiv points can only be used by users. In addition, the user of the account issued by us without registering the email address and password cannot acquire or use points. Article 2. Agreement The pixiv Point Service is provided in cases where User agrees to the content of these pixiv Point Terms. If User does not agree to these pixiv Point Terms, User shall not be provided with the pixiv Point Service. Article 3. Details of the Service The pixiv Point Service enables acquisition of pixiv points and provision of functions for managing User’s history of changes in pixiv point balances and does not include the provision of services on which pixiv points can be used. Users can use pixiv points only on some services provided by the Company (“pixiv Point Usable Services”), and the use of the pixiv Point Usable Services shall be governed by the respective individual terms of use. Article 4. Information Relating to pixiv Points When User agrees to the content of the pixiv Point Terms and provision of pixiv Point Services starts, information relating to User’s pixiv points shall be created as information ancillary to information relating to the account on which User logged in. The created pixiv point information shall be handled as a part of the information constituting User’s account information. Article 5. Use of pixiv Points In cases where User uses pixiv points, pixiv points shall be used in accordance with the instructions displayed on the pixiv Point Usable Services. Article 6. Acquisition of pixiv Points Users can acquire the number of pixiv points specified separately by purchasing pixiv points or other conduct specified by pixiv Inc. It is not possible to cancel the purchase or acquisition of pixiv points. Article 7. Expiration Date of pixiv Points <ol> <li>The expiration date of pixiv points acquired for value shall be less than six months from the day of acquisition or the number of days specified separately by the Company prior to granting. The expiration date of pixiv points acquired for free shall be less than six months from the day of acquisition or the number of days specified separately by the Company prior to granting.</li> <li>Notwithstanding the provisions of the preceding paragraph, we may, at our discretion, change the expiration date of pixiv points by setting a change application start date. In this case, pixiv points issued after the applicable change start date will be applied to the validity period after the change</li> </ol> Article 8. Cancellation and Voiding of pixiv Points <ol> <li> In cases where the Company determines that a User who holds pixiv points falls under any of the following items, the Company may cancel the points that the User holds in part or in whole without the provision of prior notice. <ol> <li>In cases where User qualifications are lost as a result of withdrawal or the like by User. </li> <li>n cases where User engaged in improper conduct when engaging in behavior subject to the grant of pixiv points or when exchanging pixiv points such as improperly acquiring pixiv points without engaging in the behavior subject to the grant of pixiv points constituting unlawful conduct (including conduct that appears to be unlawful conduct). or </li> <li>Other cases where the Company determines that cancellation of pixiv points is appropriate. </li> </ol> </li> <li>pixiv points whose expiration date specified in Article 7 has passed shall become void without warning. </li> </ol> Article 9. pixiv Point Use Account Information relating to User’s pixiv points can be used only from the account used by User for logging in when agreeing to the pixiv Point Terms, and information relating to pixiv points cannot be transferred to or assumed by other accounts. In cases where account information is deleted for any reason, the pixiv points associated with the deleted account information shall become void and the information shall also be deleted. Article 10. Management of pixiv Points <ol> <li>Users shall manage pixiv points along with account management under User’s responsibility, and except when specified by law, for any reason, use of pixiv points on pixiv Point Usable Services cannot be canceled and no measures such as reissuance of pixiv points cannot be taken.</li> <li>Refunds for purchased pixiv points cannot be made for any reason, and even in cases where User’s pixiv points are canceled because of improper use by a third party other than User, the pixiv points cannot be reissued.</li> </ol> Article 11. Scope of Use of pixiv Points Users cannot use pixiv points and account information including information relating to pixiv points for any purpose other than use on pixiv Point Usable Services. Users cannot convert pixiv points to cash or transfer them to a third party, whether directly or indirectly. Further, User may not use pixiv points and account information including information relating to pixiv points for User’s own benefit or the benefit of a third party for any purpose not approved by the Company. Article 12. Disclaimers pixiv Point Service account information may in some instances be used as the account for multiple services including the pixiv Point Service. As a measure incidental to the relevant account information, information relating to pixiv points may be deleted or there may be cases where it is not possible to provide the pixiv Point Service. User acknowledges this, and even in cases where impacts relating to the pixiv Point Usable Services occur, User shall not make any claims, file litigation, demand compensatory damages, or take other legal action against the Company in relation to such impacts. Supplementary provision <ul> <li>These individual terms will come into effect on July 12, 2018. </li> <li>These individual terms also apply to any actions you have taken prior to the enforcement of these individual terms. </li> </ul> Revision: <ul> <li>March 30, 2020 PIXIV Co., Ltd. The entire agreement has been revised as an individual agreement linked to Master Terms of Use. </li> <li>July 12, 2018 </li> </ul> Notation on specified commercial transaction 前払式支払手段の名称 pixivポイント 商号 ピクシブ株式会社 住所 〒151-0051 東京都渋谷区千駄ヶ谷4-23-5 JPR千駄ヶ谷ビル6F 前払式支払手段の支払可能金額等 上限はありません。 有効期間 アプリで獲得したポイントには有効期間はありません。 ※ただし、ウェブ上で獲得したポイントは取得日から6ヶ月未満、無償のpixivポイントはキャンペーンごとに有効期間が異なります。 連絡先 お問い合わせフォームをご利用ください。 前払式支払手段の利用場所 ピクシブ株式会社が提供するサービスにて利用できます。 ただし、pixivポイントの入手方法に応じて利用できる範囲が制限されることがあります。 （iOS/Androidアプリで購入したpixivポイントは、購入したアプリ内でのみ利用できます。） 前払式支払手段利用上の注意 資金決済法に基づき、原則として払戻しは行えません。 ただし、pixivポイントの提供を終了する場合は、資金決済法に基づき払い戻しを行う場合があります。 （振込先は日本国内の金融機関の口座に限らせていただきます。） 残高確認方法 pixivポイント確認ページよりご確認ください。 利用規約等 pixivの利用規約をご覧ください。 Notation on specified commercial transaction 事業者 ピクシブ株式会社 代表者 國枝信吾 住所 〒151-0051 東京都渋谷区千駄ヶ谷 4-23-5 JPR千駄ヶ谷ビル6F お問い合わせ お問い合わせフォーム メールアドレス： support@pixiv.net 電話番号：03-6804-5348 価格 各ページに記載 支払い時期 前払い 支払い方法 <ul> <li>クレジットカード決済 </li> <li>WebMoney </li> <li>BitCash </li> <li>コンビニ決済 </li> <li>Alipay決済 </li> <li>ドコモケータイ払い </li> <li>auかんたん支払い </li> <li>ソフトバンクまとめて支払い </li> <li>GooglePlay決済 </li> <li>iTunes Store決済 </li> <li>PayPal支払い </li> <li>pixivポイント支払い </li> </ul> 解約条件 契約期間内であれば、いつでも解約することができます。 クレジットカード、ソフトバンクまとめて支払い、GooglePlay決済、iTunes Store決済は、お申込み日の翌月同日1日前までに、お申込み日が月末の場合は翌月末の前日までに解約いただくと翌月からのサービス提供並びに請求は行いません。 （例：11月17日に申込みの場合12月16日まで、申込日と同日が翌月にない月の8月31日に申し込んだ場合9月29日まで） docomo、auのキャリア決済は、月末までに解約いただくと翌月からのサービス提供並びに請求は行いません。 クレジットカード決済やキャリア決済は、こちらからご解約手続きを承っています。 GooglePlay等のアプリ内課金については、各ストア所定の方法でご解約手続きを行ってください。 途中解約による返金は承っておりません。 Individual Terms of Use pixivThis document is an English translation of the original version for reference purposes only. The original version is written in the Japanese language. In the case of any discrepancy between the original Japanese version and this English translation, the original Japanese version shall prevail.INTRODUCTION<ol> <li>These Individual Terms of Use apply to all conduct in cases where User uses the “pixiv” service provided by the Company.</li> <li>These Individual Terms of Use set forth conditions for use of the pixiv. User agrees to, and shall use the pixiv in accordance with, these Individual Terms of Use.</li> <li>These Individual Terms of Use include the “Request Function Individual Terms of Service”.</li> <li>These Individual Terms of Use are the individual terms of pixiv service Master Terms of Use ("Master Terms of Use"), which are applied for all services throughout pixiv Inc.'s services, and cases unspecified in these Individual Terms of Use, unless specified to exclude in these Individual Terms of Use, shall follow Master Terms of Use and other relating guidelines ("Terms etc.") set by the Company.</li> <li>By using the pixiv, User shall be deemed to have agreed to the entire content of these Individual Terms of Use.</li> <li>Unless User agrees to these Individual Terms of Use, User may not use the pixiv.</li> </ol> Request Function Individual Terms of ServiceArticle 1: Introduction<ol> <li>These Request Function Individual Terms of Service (“Individual Terms”) apply to all acts when Users use the “Request” function (“Individual Function”) on the “pixiv” services provided by the Company.</li> <li>These Individual Terms set forth the conditions of use of the Individual Function. Users shall consent to these Individual Terms before using the Individual Function in accordance herewith.</li> <li>By using the Individual Function, Users will be deemed to have consented to all particulars set forth herein.</li> </ol>Article 2: DefinitionsThe terms used herein shall have the meanings ascribed to them in their respective items below. Moreover, any defined terms herein other than those set forth in the following items shall have the definitions ascribed to them in the Master Terms of Use, unless specifically noted otherwise. <ol> <li>“Site” means the website entitled “pixiv” (PC site –https://www.pixiv.net/), which is operated by the Company.</li> <li>“Individual Function” (“pixiv Request Function”) means a function in which Users may use by the following procedures specified on the Site.<ol> <li>Creators may make “Plans” set forth in the item (3) of this Article 2 and receive the requests from “Fans” set forth in the item (5) of this Article 2 for the creation of content in accordance with the Plans (“Requests”);</li> <li>Fans may send the Requests to Creators for the creation of content in accordance with the Plans produced by such Creators. and</li> <li>After the acceptance of the Request, the Creators create the content in accordance with the conditions based on the Plans and the Request and provide the same to the relevant Fans in exchange for compensation.</li> </ol> </li> <li>“Plan” means conditions applicable when Creators receive creation requests such as “create illustration” or “create novel” using the pixiv Request Function, and includes the following information.<ol> <li>Type of work (illustration, novel, etc.);</li> <li>Reference Price (defined in Article 4, Paragraph 1). and</li> <li>Specific genres available, etc.</li> </ol> </li> <li>“Creator” means any User that uses the pixiv Request Function to create a Plan that is open for Requests.</li> <li>“Fan” means any User that uses the pixiv Request Function to send a Request to a Creator or engage in Co-requesting.</li> <li>“Request Acceptance” or “Accept a Request” means a Creator’s acceptance of a Request from a Fan.</li> <li>“Cancel” means retraction by a Fan of the transmission of a Request before the relevant Creator Accepts such Request.</li> <li>“Request Reward” means content created by a Creator in accordance with an agreement formed between such Creator and a Fan with respect to a Plan (“Request Agreement”).</li> <li>“Co-requesting” means entry into a Request Agreement in regard to a Plan subject to an already-formed Request Agreement, by a User other than the Fan of such already-formed agreement.</li> <li>“Sale Proceeds” means money serving as consideration for a Request Reward, which is to be paid to a Creator by a Fan under a Request Agreement.</li> </ol>Article 3: Creation of PlansWhen creating Plans, Creators shall specify the matters indicated below by Company-prescribed method. Creators will be obligated to create Plans with content in conformity with these Individual Terms and the pixiv Guidelines, and if the Company determines that any breach whatsoever has occurred, the Company will be entitled to take any action it deems necessary, including termination of relevant Plans. Except where explicitly specified otherwise, the Company will bear no liability whatsoever for any damage suffered by a Creator in connection with such action. <ol> <li>Creation of Multiple Plans</li> <li>Price settings for creation of multiple Plans and for each Plan. and</li> <li>Particulars of Request Rewards to be provided to Fans in accordance with each Plan.</li> </ol>Article 4: Setting of Sale Proceeds<ol> <li>Creators will be entitled to set reference prices for the Sale Proceeds for Request Rewards (“Reference Prices”). Creators shall be entitled to determine Reference Prices as they see fit, within a price range designated by the Company.</li> <li>Fans (excluding Co-requesting Fans) shall be entitled to set Sale Prices as they see fit within the price range designated by the Company, and the price set by a Fan (“Set Price”) shall be the Sale Proceeds of the relevant Request Agreement formed in accordance with Article 5.</li> <li>The Set Price as stipulated in the preceding paragraph shall be the Sale Proceeds for any Users Co-requesting on a given Request Agreement.</li> </ol>Article 5: Formation of Request Agreements<ol> <li>Fans will be entitled to transmit Requests to Creators by Company-prescribed method. When transmitting Requests, Fans will be obligated to pay Creators an advance for compensation payment arising when the relevant Request Agreements have been formed pursuant to such Requests subject to the condition that the advance will be refunded if the Request Agreements have not been formed, and the Company will confirm that such Fans have capacity to make payments equivalent to the Sale Proceeds by collecting a credit using a prescribed payment settlement method. When a Creator has Accepted a Request from a Fan by Company-prescribed method as specified in the preceding paragraph, a Request Agreement shall be formed as a two-party agreement between the Creator and the Fan stipulating that the Creator will provide the relevant Request Reward within the extent of the Plan set by such Creator, and that the Fan will pay the Sale Proceeds as consideration for such provision. The Company shall, on behalf of the Creator, receive the Sale Proceeds paid by the Fan. Creators will be entitled to determine the content of Request Rewards at their discretion, as long as such determinations are within the extent of the Plans set by such Creators in applicable Request Agreements.</li> <li>Fans other than the Fans that are parties of completed Request Agreements can also make Requests in respect of the Plans of such completed Request Agreements, by Co-requesting. When the relevant Creator has Accepted such new Requests, Request Agreements shall be formed individually between the Creator and each Fan that has made such a Request. provided, however, that Co-requesting will be possible only if all of the following conditions are satisfied.<ol> <li>The total Sale Proceeds for the completed Request Agreement are no more than one million yen. and</li> <li>Co-requesting on the completed Request Agreement will not result in the total of the Sale Proceeds for the completed Request Agreement and all Sale Proceeds increases due to such Co-requesting rising over one million yen.</li> </ol> </li> <li>Request Agreements are agreements executed between Fans and Creators, and the Company will not be a party to Request Agreements or be liable therefor. provided, however, that the Company will have the right, as the entity providing the venue for execution of Request Agreements, to take appropriate measures vis a vis Fans or Creators in relation to Request Agreements, within the extent explicitly specified herein.</li> </ol>Article 6: Performance of Request Agreements, Permissibility of Cooling Off, etc.<ol> <li>If a Request Agreement has been formed, the relevant Fan will not be entitled to demand refunds of any Sale Proceeds already paid, except where explicitly specified otherwise. Sale Proceeds are not eligible for cooling off and cannot be refunded pursuant thereto.<ul> <li>*Cooling off is a system enabling unconditional withdrawal of agreement applications or termination of agreements, for a certain period after application for or execution of an agreement. However, online sales are outside the scope of such systems, and cooling off systems thus cannot be used for Request Agreements as in Paragraph 1 of this article.</li> </ul> </li> <li>A Fan will not be entitled to Cancel or refund any already-paid Sale Proceeds for reason of the particulars of the Request Reward provided by a Creator. provided, however, that if the Creator has not provided the Request Reward in accordance with the relevant Plan, or if there is noncompliance with the agreement in formal terms (e.g., if there is an error in the file format provided by the Creator, if the Fan cannot download the Reward), the Fan shall be entitled to contact the Company about such matter using the “Inquiry Form” on the Site. If the Company has considered such communication from the Fan and determined that the Fan’s claims are reasonable, the Company will be entitled, but not obligated, to instruct the Creator to make corrections, refund the Sale Proceeds, or take other such action. In such case, the Fan and the Creator shall act in accordance with the Company’s instructions, and except where explicitly specified otherwise, the Company will bear no liability for any damage etc. arising due to any decision or action by the Company.</li> <li>Creators shall comply with the Act against Unjustifiable Premiums and Misleading Representations, the Act on Specified Commercial Transactions, and other related laws and regulations. In addition, where required under the Act on Specified Commercial Transactions, subject Creators shall make appropriate notations on the Site as required under the Act on Specified Commercial Transactions.<ul> <li>To determine whether a notation under the Act on Specified Commercial Transactions is required, please refer to the “Guidelines related to ‘Sellers’ in Internet Auctions” on the website of the Consumer Affairs Agency, and other such resources.https://www.no-trouble.caa.go.jp/what/mailorder/</li> </ul> </li> <li>Creators shall have fully performed their obligations to provide Request Rewards when they provide such Request Rewards to Fans in accordance with Request Agreements. The acceptance of new Co-requesting shall also terminate at such time. Payment to Creators of Sale Proceeds that the Company has received from Fans on behalf of Creators shall be as specified in Article 8.</li> </ol>Article 7: Deletion or Termination of Requests<ol> <li>A Fan will be entitled to rescind the transmission of Requests by Company-prescribed procedures if the relevant Creator has not yet Accepted such Request.</li> <li>A Request will be retracted automatically if seven days have passed from the date of transmission of such Request without the relevant Creator Accepting such Request. All Sale Proceeds advances received by the Company will be refunded to the relevant Fan.</li> <li>If, after the formation of a Request Agreement, 60 days have passed from the date of transmission of a Request without the relevant Creator providing the Request Reward to the Fan, such Request Agreement will be deemed terminated, and all Sale Proceeds received by the Company will be refunded to such Fan.</li> <li>The following items shall apply in the case where a Creator account has been deleted.<ol> <li>If account deletion occurred before the formation of a Request Agreement (before Request Acceptance), the Plan set by the relevant Creator will be deemed to have been retracted, and will be deleted.</li> <li>If account deletion occurred after the formation of a Request Agreement (after Request Acceptance) but before full provision of the Request Reward, all Sale Proceeds paid shall be refunded to the relevant Fan.</li> </ol> </li> <li>The following items shall apply in the case where a Fan account has been deleted.<ol> <li>If account deletion occurred before the formation of a Request Agreement (before Request Acceptance), the Fan will be deemed to have retracted the relevant Request.</li> <li>If account deletion occurred after the formation of a Request Agreement (after Request Acceptance) but before full provision of the Request Reward, the Fan is deemed to have waived the right to receive the Request Reward under such Request Agreement. No Sale Proceeds will be refunded to the Fan in such case.</li> </ol> </li> <li>The Company will be entitled to terminate Request Agreements before full provision of the relevant Request Rewards if it determines that a prohibited act as set forth in Article 13 has been committed. All Sale Proceeds received by the Company in connection with such Request Agreements will be refunded to the Fans of such Request Agreements.</li> </ol>Article 8: Payment of Sale Proceeds to Creators<ol> <li>Creators shall entrust in advance to the Company the proxy receipt of Sale Proceeds paid by Fans to Creators.</li> <li>When the total balance of Sale Proceeds is 5,000 yen or greater, such balance shall be automatically paid to the relevant Creator on a monthly basis in accordance with this article (“Automatic Payment”). When the total balance of Sale Proceeds is less than 5,000 yen, the Creator will be entitled to demand payment of such Sale Proceeds by making a request for remittance of Sale Proceeds (“Remittance Request”) .</li> <li>When paying Sale Proceeds as specified in the preceding paragraph, the Company shall subtract the Platform Fee (defined in Item (1) below) from the relevant Creator’s Sale Proceeds (the amount thereby calculated is hereinafter the “Received Amount”), subtract from the Received Amount a Remittance Fee (defined in Item (2) below), and pay the Creator the resulting amount, in accordance with the provisions of Paragraph 7, by remittance to a remittance destination determined in accordance with this article. provided, however, that unless otherwise specified, the remittance destination shall be a bank account or PayPal account registered by the Creator as of the 19th of the month in which remittance will be carried out.<ul> <li> *In situations where the Received Amount is high, the remittance destination shall be determined by the first business day of the month of when the remittance will be done.</li> </ul> <ol> <li>The Platform Fee shall be an amount equivalent to 10% of the Sale Proceeds (including consumption tax equivalent, and rounding off fractions to the nearest whole number).</li> <li>Fee for Remittance to Bank Account (“Remittance Fee”): 200 yen if total Received Amount is less than 30,000 yen. 300 yen if total Received Amount is 30,000 yen or greater.</li> </ol> </li> <li>The amount remitted for a single Remittance Request shall not exceed 1,000,000 yen.</li> <li>If, in the case where a Sale Proceeds balance is less than 5,000 yen, the relevant Creator has not made a Remittance Request by the last day of the month preceding the month marking the passage of 180 days from the Request transmission date (if there is Co-requesting, then the date of transmission of the original Request), the Company shall pay such balance to a bank account designated in advance by such Creator. Cases of flawed account information etc. shall be handled in accordance with the terms of Article 9.</li> <li>No interest shall accrue for the period from receipt of Sale Proceeds by the Company or a third party designated by the Company until payment by the Company to the relevant Creator.</li> <li>When the setting for the Automatic Payment is valid, or when a Creator has made a Remittance Request, the Company shall remit the Received Amount as of the last day of the preceding month within five business days of the 20th of the month immediately following the month in which the balance of the Received Amount subject to the Automatic Payment existed or in which the Remittance Request was made (“Remittance Period”);</li> <li>Received Amounts shall include consumption tax equivalents for the prices of any Request Rewards sold.</li> <li>When a payment date falls on a non-work day of the Company or a relevant financial institution, the Company shall make remittance within five business days of the business day immediately following such payment date.</li> <li>When due to a Company system failure or other such cause there has been overpayment to a Creator of an amount for remittance, the Creator will be obligated to immediately return the amount of such overpayment to the Company regardless of reason.</li> <li>In the case where doubts have arisen as to Creator’s rights etc. related to a Request Reward, or where it is determined that a problem arising between a Creator and a Fan as a result of an inquiry from a User or the like has not been resolved after a certain period, the Company shall be entitled, at its discretion, to halt any remittance of Received Amounts over which such Creator holds rights. Creators shall consent to the foregoing.</li> <li>When a Creator has resigned membership and there are Received Amounts still unpaid to such Creator, the Company shall subtract the Remittance Fee from the total of such Received Amounts, and thereupon shall remit the Received Amounts to an account designated by the Creator within five business days of the 20th of the month immediately following the month containing the date of membership resignation, or the 20th of the month immediately following such immediately following month. provided, however, that if the unpaid Received Amount is less than the Remittance Fee, the Company shall make no payment to the Creator.</li> </ol>Article 9: Flaws or Errors in Remittance Account Information<ol> <li>In the case where a Creator has made a Remittance Request but the Company has been unable to complete the remittance due to a flaw or error in the remittance account information designated by such Creator, the Company shall be entitled to demand the amount of the reverse transaction fee of such remittance from the Creator. In such case, the Company shall contact the Creator indicating the flaw or error in remittance account information and urging another request for payment.</li> <li>When the Company has made remittance to a remittance account designated by a Creator pursuant to a Remittance Request by such Creator, the Company will be entitled to deem such payment a payment to the Creator. In such case, the Company will bear no liability in regard to the accuracy of the relevant remittance account information.</li> <li>When remittance cannot be made by the remittance date specified in Article 8, Paragraph 7 due to a flaw etc. in remittance destination information, the Company shall attempt to remit the Sale Proceeds of the relevant Remittance Request within five business days of the 20th of each month, starting from the month immediately following the month in which the remittance date falls. provided, however, that in the case where the 19th of the month immediately following the month in which a remittance procedure implementation date falls is more than 180 days from the transmission date of the relevant Request, the Company shall not carry out remittance on or after such remittance implementation date, and shall instead act in accordance with the following paragraph.</li> <li>In the case where remittance cannot be made due to a flaw etc. in remittance destination information and the 19th of the month immediately following the month containing the date such remittance failed to be implemented is more than 180 days from the transmission date of the relevant Request, the relevant Creator will be deemed to have waived the right to receive the amount of such remittance as of the date such remittance failed to be implemented.</li> </ol>Article 10: Responsibilities of Creators<ol> <li>When the Company has indicated that a Request Reward falls under registration-prohibited information as in the pixiv Guidelines or that a Request Reward is not in conformity with a Request Agreement, the relevant Creator shall, under its own responsibility and cost burden, exchange, repair, delete, alter the scope of public accessibility of, or take other appropriate measures in respect of, the Request Reward.</li> <li>Creators shall, under their own responsibility and cost burden, manage and retain any posted information constituting the particulars of Plans established by such Creators.</li> </ol>Article 11: Responsibilities of Fans<ol> <li>Fans are not entitled to have interactions with Creators, in connection with or through use of the Request Function, if such interactions are not directly related to the content of Request Rewards of which said Fans have requested creation from such Creators on the Request Function.</li> <li>Fans shall, under their own responsibility and cost burden, manage and retain the posted information for Requests they have transmitted.</li> <li>Fans shall personally preserve Request Rewards received from Creators, by backing up such Request Rewards as appropriate or by other such method. The Company is not responsible for providing data storage or the like for Request Rewards, and in no way guarantees that data storage or the like will be performed for Request Rewards.</li> </ol>Article 12: Responsibilities of the Company<ol> <li>The Company will bear no liability whatsoever in regard to the conformity with Request Agreements of Request Reward types, quality or quantity, or in regard to the conformity with Request Agreements of rights related to Request Rewards, including the legality of Request Reward ownership, retention, use or the like.</li> <li>Users shall agree in advance that Request Agreements and Co-requesting agreements will be two-party agreements between Creators and Fans, and shall confirm and agree in advance that the Company will bear no liability whatsoever in regard to the particulars of Request Rewards provided under such agreements.</li> </ol>Article 13: Prohibitions Related to pixiv Request Function<ol> <li>Users shall not breach these Individual Terms when using the pixiv Request Function.</li> <li>When using the pixiv Request Function, Users shall not register Request Rewards that fall under or may fall under the conduct prohibited under the items of Article 14 of these Individual Terms, or Request Rewards falling under the following.<ol> <li>Request Rewards containing information related to FX, stock, virtual currency, crypto asset, or other commercial-use information related to finance, and tools or Request Rewards associated therewith.</li> </ol> </li> <li>Users shall not make public posts falling under any of the following.<ol> <li>Violent or atrocious material which will cause strong disgust or distress;</li> <li>Material extolling or promoting extremist views or antisocial acts;</li> <li>Material extolling or promoting discrimination on the basis of race, creed, occupation, sex, religion, or the like;</li> <li>Material extolling or promoting religious cult activity or overbearing political activity;</li> <li>Material in respect of which a third party has claimed rights infringement or the like and the Company, upon examination, has determined that such third party’s claim cannot be considered unreasonable;</li> <li>Material that an official body or expert (e.g., the national government, a local government, a reliability verification organization as set forth in a guideline on the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of the Identification Information of the Senders, an internet hotline, or an attorney) has indicated or opined to be illegal, in violation of public order and morality, an infringement of another person’s rights, or the like;</li> <li>Material that infringes a third party’s rights or falls under Paragraph 1 of this article, and that is deemed, even after consideration of freedom of expression, to be inappropriate for provision on the pixiv Request Function. or</li> <li>Material that, other than as in the foregoing, breaches the Master Terms of Use, these Individual Terms, or other guidelines.</li> </ol> </li> <li>When a User has breached even one of the preceding three paragraphs, the Company may revoke such User’s membership, annul the registration of such User’s account, suspend use by such User, terminate Request Agreements with such User prior to completion, halt the acceptance of Co-requesting by such User, terminate, render non-public, or alter the scope of public accessibility of such User’s Requests or uploaded work data in whole or in part, or take other similar action in respect of such User. provided, however, that the Company will not be obligated to take any such action or disclose the reason any such action was taken.</li> </ol>Article 14: Ownership and Licensing of Intellectual Property Rights Related to Request Rewards etc.<ol> <li>All copyrights and other rights to Request Reward information registered using the pixiv Request Function will belong to the Creator that created or registered such Request Reward. Fans will be entitled to use Request Rewards only for personal amusement and for posting to their own social media accounts with a credit attribution for the relevant Creators.</li> <li>The Company shall be entitled to use or alter Request Reward information registered by Creators to the extent necessary for the smooth provision of the pixiv Request Function and the construction, improvement and maintenance of Company systems.</li> <li>When using Request Reward information in the form specified in the preceding paragraph, the Company shall be entitled to omit some information or a name attribution.</li> </ol>Article 15: Handling of Problems<ol> <li>The Company shall bear no liability whatsoever in regard to, and shall be in no way obligated to respond to, any problems arising between Users or between Users and third parties in connection with the pixiv Request Function, except where explicitly specified otherwise. provided, however, that the Company may conduct contact point operations, such as communicating the particulars of a counterparty’s claim, for Users or third parties if the Company deems such action necessary for the operation of the pixiv Request Function, that in such cases, the relevant User(s) shall respond in good faith as instructed by the Company and that the Company will be in no way obligated to conduct such contact point operations.</li> <li>When a third party (including Users for the purposes of this paragraph) has claimed infringement of copyrights or other such rights against the Company in respect of a Request Reward, the Company shall communicate with the User that published the relevant content and shall be entitled to render such content non-public at its discretion.</li> </ol>Supplemental Provisions<ol> <li>These Individual Terms come into effect on September 30, 2020.</li> </ol> pixivFANBOX This document is an English translation of the original version for reference purposes only. The original version is written in the Japanese language. In the case of any discrepancy between the original Japanese version and this English translation, the original Japanese version shall prevail. Article 1. Introduction <ol> <li>These Individual Terms of Use apply to all conduct in cases where User uses the “pixivFANBOX” service (“Individual Service”) provided by the Company. </li> <li>These Individual Terms of Use set forth conditions for use of the Individual Service. User agrees to, and shall use the Individual Serve in accordance with, these Individual Terms of Use. </li> <li>These Individual Terms of Use are the individual terms of pixiv service Master Terms of Use ("Master Terms of Use"), which are applied for all services throughout pixiv Inc.'s services, and cases unspecified in these Individual Terms of Use, unless specified to exclude in the Individual Terms of Use, shall follow Master Terms of Use and other relating guidelines ("Terms etc.") set by the Company. </li> <li>By using the Individual Service, User shall be deemed to have agreed to the entire content of these Individual Terms of Use. </li> <li>Unless User agrees to these Individual Terms of Use, User may not use the Individual Services. </li> </ol> Article 2. Definitions The terms used in these Individual Terms of Use shall have the meanings set forth in the following items. Unless otherwise provided, terms used in these Individual Terms of Use other than those defined below shall have the meanings specified in the pixiv Master Terms of Use. <ol> <li>“Site” means the website known as “pixivFANBOX” (https://www.pixiv.net/fanbox) and operated by the Company. </li> <li>“Individual Service” means all services provided on the Site. </li> <li>“User” means a user who registered an account with the Company and uses the Site. </li> <li>“Creator” means a User who completed creator registration for the Individual Service in accordance with the prescribed procedures. </li> <li>“Supporter” means a User who supports Creators through the Individual Service in accordance with the prescribed procedures. </li> <li>“Posted Data” means profiles created, edited, and posted on the Site by User, comments transmitted using the comment function, and all other data posted or transmitted by User using certain functions on the Site (excluding Posted Content). </li> <li>“Content” means text, voice data, music, images, videos and other information. </li> <li>“Posted Content” means Content posted by a Creator on the Site or a related site. </li> </ol> Article 3. Scope of Application of these Terms of Use <ol> <li>The conditions for use of the Individual Service are set forth in these Individual Terms of Use or other terms of use and the like on the Site. Such other terms of use and the like constitute a part of these Individual Terms of Use, regardless of designation. </li> <li>In the case of a discrepancy between these Individual Terms of Use and other terms of use and the like, such other terms of use and the like shall apply preferentially. </li> <li>Any matters not specified in these Individual Terms of Use or other terms of use and the like shall be governed by the pixiv Master Terms of Use. </li> </ol> Article 4. Creator Registration <ol> <li>Any persons who wish to use the Individual Service as Creators agree to the content of these Individual Terms of Use and apply for registration by the method prescribed by the Company. </li> <li>A person who applied for registration (“Registration Applicant”) shall become a Creator when the Company approves the registration application. </li> <li> In the case where a Registration Applicant falls under any of the following, the Company may, at its discretion, reject the Registration Applicant’s registration application without disclosing the reason. <ol> <li>In cases where the Registration Applicant applied for registration not using the method prescribed by the Company. </li> <li>In cases where the Registration Applicant was the subject of compulsory withdrawal in the past on the grounds of violation of the pixiv Master Terms of Use, these Individual Terms of Use, other terms of use and the like, or the terms of use and the like of other services operated by the Company. </li> <li>In cases where it is determined that the registration information provided to the Company is false in whole or in part. or </li> <li>In other cases where the Company determines that the application is inappropriate. </li> </ol> </li> </ol> Article 5. Cancellation of Creator Registration <ol> <li>In the case where a Creator wishes to cancel his or her registration, the User shall submit notice of cancellation of the Creator registration to the Company by the method prescribed by the Company. </li> <li> In the case where a Creator engages in the conduct set forth in any of the following items, the Company may, at its discretion, cancel the Creator registration, compel the Creator to withdraw also as a User, and refuse use of the Individual Service and related services. <ol> <li>In cases where it is determined that the registration application was not performed using the method prescribed by the Company. </li> <li>In cases where the Creator violates the pixiv Master Terms of Use, these Individual Terms of Use, or other terms of use and the like. or </li> <li>In cases where the Company determines that registration is inappropriate. </li> </ol> </li> </ol> Article 6. Creation of Support Plans <ol> <li>Creators may create support plans using the method prescribed by the Company. </li> <li> When a Creator creates a support plan, the Creator shall do so to the extent and by the method prescribed by the Company, and the following matters shall be specified. <ol> <li>Creation of multiple support plans and setting monthly fees for each support plan. </li> <li>Details of the Supporter-exclusive Posted Content to be provided to Supporters according to a support plan. and </li> <li>Details of other privileges that Supporters can enjoy (“Privileges”). </li> </ol> </li> </ol> Article 7. Posting <ol> <li>After setting the scope of disclosure using the method prescribed by the Company, Creators can publish posts on a Creator page at their discretion. </li> <li> Creators may not publish posts that fall under any of the following. If the Company determines that a post falls under any one of the following, the Company is entitled to request that the registered Creator revise the post or make the post private in whole or in part, and depending on the circumstances, the Company may cancel the Creator registration of the relevant Creator. <ol> <li>Obscene or excessively deviant sexual expression. </li> <li>Violent or cruel expression that causes strong feelings of disgust or discomfort. </li> <li>Expression that glorifies or promotes extreme ideas or anti-social behavior. </li> <li>Expression that glorifies or promotes discrimination on the basis of race, belief, occupation, sex, religion, and so on. </li> <li>Expression that glorifies or promotes cult-like religious behavior or extreme political behavior. </li> <li>In the case where a third party makes a claim of infringement of rights or other assertion, and following investigation by the Company, a determination is made that the third party’s claim is not baseless. </li> <li>A post regarding which a public agency or an expert (a national or regional public body, a credibility confirmation organization specified in the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders, Internet hotline, attorney, etc.) indicates or expresses an opinion that the content is unlawful, contrary to public morals, or infringes on the rights of another person. </li> <li>Expression that infringes on the rights of a third person or falls under Article 18 (Prohibitions) and is determined to be inappropriate for provision on the Individual Service even when taking into consideration the freedom of expression. or </li> <li>Further to the above, expression that violates the pixiv Master Terms of Use, these Individual Terms of Use, or other guidelines. </li> </ol> </li> </ol> Article 8. Monitoring of the Site by the Company The Company and third parties entrusted by the Company are entitled to monitor all areas of the Site for the purpose of investigating whether Posted Content has been posted to or transmitted on the Site in violation of these Individual Terms of Use, whether Supporter-exclusive Posted Content or Privileges are provided in violation of these Individual Terms of Use, and whether registered Creators are in compliance with laws and regulations. Article 9. Support by Supporters <ol> <li>Users may support Creators under a particular plan by the method prescribed by the Company. </li> <li>In the case where User applies for a particular support plan, a two-party agreement (“Support Agreement”) shall be formed with the Creator who created the relevant plan. The principal content of such agreement shall be the provision of access to Supporter-exclusive Posted Content and Privileges by the Creator to the relevant User and the payment of support monies by the User as consideration for such provision. </li> <li>Users may access Supporter-exclusive Posted Content published by the Creator and receive Privileges as long as the User is a Supporter. </li> <li>User confirms and agrees that the Company shall not bear any liability whatsoever regarding the particulars of Supporter-exclusive Posted Content and Privileges. </li> </ol> Article 10. Performance of Duties under Support Agreements, Availability of a Cooling-Off Period, etc. <ol> <li>Supporters may not demand refund of support monies that were previously paid. Support amounts are not subject to a cooling-off period, and therefore, refunds under a cooling-off period cannot be made. </li> <li>Supporters cannot cancel or obtain a refund of support monies previously paid on grounds relating to the particulars of the Supporter-exclusive Posted Content or Privileges, but in the case where Supporter-exclusive Posted Content or Privileges are not provided in accordance with the relevant plan and in cases where such Supporter-exclusive Posted Content or Privileges contain defects as to form (incorrect file format, inability to download, etc.), Supporters may contact the Company using the Contact Form on the Site. </li> <li>Creator shall comply with the Act for the Prevention of Unreasonable Premiums and Misrepresentation concerning Products and Services, the Specified Commercial Transactions Act, and other relevant laws and regulations and shall properly perform labeling on the Site required under the Specified Commercial Transactions Act. </li> </ol> Article 11. Term, Renewal, and Cancellation of Support Agreements <ol> <li>The term of Support Agreements shall be from the day of provision of support by User to the relevant Creator until the last day of the month in which that day occurs. In subsequent months, Support Agreements shall automatically be renewed on a monthly basis from the first day to the last day of each month. </li> <li>In the case where a Creator or Supporter wishes to cancel automatic renewal of a Support Agreement, such person shall cancel automatic renewal using the procedures prescribed by the Company by the following month. </li> <li>Even in the case where automatic renewal of a Support Agreement is canceled, Supporters may not demand daily pro rata refund of support monies paid pursuant to the Support Agreement for the month in which the day of cancellation of automatic renewal falls. </li> <li>In the case where a registered User makes late payment of support monies (including cases where payment procedures are not performed as a result of a credit card error or the like), the relevant User shall automatically be deemed to have canceled automatic renewal. </li> </ol> Article 12. Cancellation of Particular Support Plans <ol> <li>Notwithstanding the preceding article, a Creator may delete the particular support plans by using the procedures prescribed by the Company and cancel the Support Agreements of Supporters for such support plans. </li> <li>When a Creator cancels a plan, no duties for the Creator to provide new Supporter-exclusive Posted Content and Privileges shall arise and no duties for Supporters to pay support monies shall arise with regard to the relevant plan as of the month (from the first day to the last day) following the day of cancellation of the plan. </li> </ol> Article 13. Termination of Support Agreements with Supporters for Other Reasons <ol> <li>Notwithstanding the preceding two articles, in the case where the Company cancels the Creator registration of a particular Creator, all Support Agreements between the relevant registered Creator and Supporters shall terminate. </li> <li>In the case of the preceding paragraph, support monies shall not be calculated on a daily pro rata basis, and Supporters may not demand refund of the support monies for the current month. </li> <li>Even in the case where a Support Agreement terminates pursuant to this article, the Company shall be released from liability to the extent of measures pursuant to these Individual Terms of Use, and in such case, User may not make any demands whatsoever for compensatory damages to the Company. </li> <li>In the case where the Company cancels the Creator registration of a particular Creator, the Company may delete the Creator pages and posts of the relevant Creator. </li> </ol> Article 14. Payment <ol> <li>Supporters shall pay support monies (including amounts equivalent to consumption taxes) for the month in which the day that support commenced occurs and thereafter shall pay each month’s support monies at the beginning of each month by the method specified by the Company. </li> <li>Even in the case where a Support Agreement is canceled or terminated for any other reason during a month, no daily pro rata calculation of support monies shall be performed. </li> <li>In cases where a credit card is used, support monies shall comply with the contract terms and conditions or terms of use of the relevant credit card company. A credit card held in the name of the Supporter must be used. </li> <li>The Company shall have the authority to collect support monies paid by Supporters to Creators and to outsource such collection services to third parties specified by the Company. The duty to pay support monies of Supporters shall extinguish upon receipt of support monies from a Supporter by the Company or the third party specified by the Company. </li> </ol> Article 15. Direct Deposit Request <ol> <li>Registered Creators may request payment of support monies by requesting direct deposit of support monies (“Direct Deposit Request”) by the method prescribed by the Company. </li> <li>The amounts for which a Direct Deposit Request may be made shall be from 201 yen to 1 million yen. </li> <li>In such case of Direct Deposit Request, the Company shall pay the remaining balance of support monies actually received by the Company or the third party specified by the Company pursuant to the preceding article by the time that the Direct Deposit Request is made minus the assorted fees specified below (“Direct Deposit Amount”) by remittance to the bank account or PayPal account specified in advance by the Creator. </li> <li> The Company shall have the authority to collect support monies paid by Supporters to Creators and to outsource such collection services to third parties specified by the Company. The duty to pay support monies of Supporters shall extinguish upon receipt of support monies from a Supporter by the Company or the third party specified by the Company. <ol> <li>Platform fees: An amount corresponding to 5% of the support monies (including amounts equivalent to consumption taxes. rounded to the nearest whole number) </li> <li>Payment fees: An amount corresponding to 5% of the support monies (including amounts equivalent to consumption taxes. rounded to the nearest whole number) </li> <li>Remittance fees: 200 yen in the case where the total amount received is less than 30,000 yen, and 300 yen in the case where the total amount received is 30,000 yen or more </li> </ol> </li> <li>The Company may deduct the fees specified in the preceding paragraph from support monies to be paid to the Creator in lieu of receipt of those fees. </li> <li>No interest shall accrue during the period from when the Company or the third party specified by the Company receives support monies until the Company makes payment to the Creator. </li> <li>In the case where the Company has any claims against a Creator, the Company may set off the claims that the Creator has against the Company as specified in Paragraph 1. </li> <li>In the case where a Creator does not request payment within 365 days from the time that the Creator can request payment of support monies with a remittance amount of at least 201 yen pursuant to this article, the Company shall make payment to the bank account designated by the Creator in advance. </li> </ol> Article 16. Insufficient or Incorrect Direct Deposit Account Information <ol> <li>In the case where a Creator makes a Direct Deposit Request but the Company is unable to make the direct deposit because of insufficient or incorrect direct deposit bank account information provided by the Creator, the Company may handle the relevant payment request as void. In this case, the Company shall notify the registered Creator regarding the insufficient or incorrect direct deposit account information and encourage the Creator to reapply for payment. </li> <li>In the case where a Creator makes a Direct Deposit Request but the Company makes a remittance to a third party due to insufficient or incorrect direct deposit bank account information, the Company may deem that the payment was made to the relevant Creator and shall be released from liability regarding claims from the Creator. </li> </ol> Article 17. Reaction to Problems <ol> <li> Except in cases specified in these Individual Terms of Use, the Company shall not bear any responsibility or any duties relating to problems that occur between Users or between a User and a third party in relation to the Individual Service. However, in the case where the Company determines that it is necessary for operation of the Individual Service, the Company may serve as a liaison to convey the particulars of the other party’s claim to User or a third party. In this case, User shall respond in good faith in accordance with the Company’s instruction. provided, however, that the Company shall not be obligated to perform any such liaison services. </li> <li>In the case where the Company receives a claim from a third party (for the purpose of this paragraph, including User) of infringement of copyrights or other rights in relation to Posted Content, the Company shall notify the User who posted the relevant Content and may make the relevant Posted Content private on the basis of its own determination. </li> </ol> Article 18. Prohibitions When using the Individual Service, User may not engage in any conduct prohibited by or in violation of the pixiv Master Terms of Use, these Individual Terms of Use, or other terms of use or guidelines. In the case where User engages in prohibited conduct or commits a violation, User may be subject to compulsory withdrawal, suspension of use, deletion of posted work data in whole or in part, modification of the scope of disclosure, or other disadvantageous measures. provided, however, that the Company shall not bear a duty to take these measures and shall not bear a duty to disclose the reasons for measures it has taken. Supplementary provision: <ul> <li>These terms and conditions will be enforced from April 28, 2018. </li> <li>These individual terms also apply to any actions you have taken prior to the enforcement of these individual terms. </li> </ul> Revision <ul> <li>March 30, 2020 pixiv Co., Ltd. The entire agreement has been revised as an individual agreement tied to the service common use agreement. </li> <li>April 28, 2018 </li> </ul> “pixiv COMIC” Terms of Use This document is an English translation of the original version for reference purposes only. The original version is written in the Japanese language. In the case of any discrepancy between the original Japanese version and this English translation, the original Japanese version shall prevail. Article 1. Introduction <ol> <li>These Individual Terms of Use apply to all conduct in cases where User uses the “pixiv COMIC” service (“Individual Service”) provided by the Company. </li> <li>These Individual Terms of Use set forth conditions for use of the Individual Service. User agrees to, and shall use the Individual Service in accordance with, these Individual Terms of Use. </li> <li>By using the Individual Service, User shall be deemed to have agreed to the entire content of these Individual Terms of Use. </li> <li>Unless User agrees to these Individual Terms of Use, User may not use the Individual Services. </li> <li>These Individual Terms of Use are the individual terms of pixiv service Master Terms of Use ("Master Terms of Use"), which are applied for all services throughout pixiv Inc.'s services, and cases unspecified in these Individual Terms of Use, unless specified to exclude in the Individual Terms of Use, shall follow Master Terms of Use and other relating guidelines ("Terms etc.") set by the Company. </li> </ol> Article 2. Provision of Services The Company grants to User a non-exclusive right to use the Individual Service in accordance with these Individual Terms of Use and the terms of use set forth in the Individual Service. Even in cases where terms such as “purchase,” “sale,” and the like are displayed on the Individual Service page, Intellectual Property Rights and ownership relating to the content will not transfer to User, and User is granted only a use right. Article 3. Content <ol> <li>“Content” means manga works and their electronic book files that can be purchased and read on the Individual Service, including posted works.In addition, in these Individual Terms of Use, "subscription" means purchasing the right to view content provided for a fee with Coins (defined in the next article). </li> <li>Content may be read via a viewer using an application or browser version. Users shall comply with the use fees, use periods, payment methods, and other terms of use specified with regard to Content. </li> <li>Content that is read for a fee may be used only from the account from which the purchase was made. Users may not assign or transfer Content use rights to third parties. </li> <li>Some content may have restrictions on how long it can be viewed. In this case, the Company may terminate or restrict the provision of the content without prior notice even during the period. We are not obliged to notify users that the browsing period has expired. </li> <li>Some Content may be purchasable and readable only using a browser and cannot be purchased or read through an application. Further, some Content may be purchased and readable through an application and cannot be purchased or read using a browser. </li> <li>Users may not use Content in excess of the use format intended by the Individual Service (including reproduction, transmission, reprinting, modification, and other similar conduct). </li> <li>Some Content may not be purchasable or readable depending on the region of use or the account use conditions. </li> </ol> Article 4. Coins <ol> <li>“Coins” means a prepaid payment instrument exclusive to the Individual Service used for purchasing the Content that is fee-based (“Fee-based Content”). </li> <li>Coins are granted to Users through purchases through the Individual Service, campaigns, and by other means specified by the Company. Coin purchase units, methods of payment, use periods, and other conditions of grant are specified by the Company and indicated on the Individual Service. </li> <li>Coins may be exchanged only for the rights to purchase Fee-based Content specified by the Company. Coins may not be exchanged for any other rights (except the rights above), cash, goods, or other economic benefits. The number of Coins necessary for exchange for Content and other conditions of use of Coins shall be determined by the Company and indicated on the Individual Service. In cases where Coins are used to purchase Content, such use may not be canceled. </li> <li>No refunds of Coins shall be made for any reason. provided, however, that this shall not apply in the case where the Company discontinues the Individual Service and other cases where refund is required by laws and regulations. In such a case, the method of refund of Coins shall be specified by the Company in accordance with laws and regulations and indicated on the Individual Service. </li> <li>Coins may be used only from the account etc. used to purchase the Coins. Assignment or transfer of Coins to other accounts etc. is not permitted. </li> <li>Coins may be transferred to a different device verified from the same account. provided, however, that devices with different operating systems use different types of Coins even though these Coins have the same name, and different types of Coins cannot be accepted or combined. </li> <li>If the user's account is deleted, the coin will no longer be usable. In this case, the Company shall not be liable unless otherwise provided in Master Terms of Use or these individual Terms of Use. </li> </ol> Article 5. Discount Items <ol> <li>“Discount Items” means a discount ticket exclusively for the Individual Service, which can be used when subscribing to Content that is Fee-based Content. </li> <li>The Discount Items provided by the Company in the Individual Service fall under the following two categories: <ol> <li>Coupons. and </li> <li>Promotion codes. </li> </ol> </li> <li>The terms of use for Discount Items will be separately stipulated by the Company for each Discount Item, and Users may use Discount Items only in accordance with the stipulated terms of use. </li> <li>There are cases where Discount Items, even if they have the same name, will have different compatible operatings systems. terms of use shall be established and applied for each operating system, and Users may use Discount Items only in accordance with the stipulated terms of use. </li> <li>Users may not cancel the use of a Discount Item after such Discount Item has been used. </li> <li>Users shall under no circumstances assign, sell, or loan Discount Items that they have obtained to third parties. </li> <li>A coupon may be used only from the account or application etc. used to obtain the coupon. Assignment or transfer to other accounts etc. is not permitted. </li> <li>Coupons may be transferred to a different device verified using the same account. provided, however, that it may not be possible to use a coupon on a device to which it has been transferred depending on the conditions relating to compatible operating systems attached to such coupon, and Users are therefore asked to confirm the conditions relating to compatible operating systems attached to coupons prior to transferring them between devices and to make transfers between devices at their own responsibility. The Company will not be liable for coupons becoming unusable in conjunction with transfers between devices. </li> <li>Discount Items cannot be exchanged for cash under any circumstances. </li> <li>After the Company grants a Discount Item to a User, if there are grounds for the Company to determine that cancelling such grant is appropriate, the Company can cancel Discount Items it has already granted. </li> <li>When the Company verifies an account that has used a Discount Item in the manner prescribed by the Company, it will deem that the Discount Item was used by the User who holds such account. Even in cases that use by such an account is unauthorized use by third parties, the Company will not refund used Discount Items or be liable for any damage suffered by the User. </li> </ol> Supplementary Provisions <ul> <li>These Individual Terms of Use shall take effect on October 25, 2017. </li> <li>These Individual Terms of Use shall also retroactively apply to conduct undertaken by User before these Individual Terms of Use came into effect. </li> </ul> Revision <ul> <li>September 24, 2020 Article 5 (Discount Items) has been added in conjunction with the provision of the new features. </li> <li>March 30, 2020 pixiv Co., Ltd. The entire agreement has been revised as an individual agreement tied to the service common use agreement. </li> </ul> “BOOTH” Individual Terms of Use This document is an English translation of the original version for reference purposes only. The original version is written in the Japanese language. In the case of any discrepancy between the original Japanese version and this English translation, the original Japanese version shall prevail. Article 1. Introduction <ol> <li>These Individual Terms of Use apply to all conduct in cases where User uses the “BOOTH” service (“Individual Service”) provided by the Company. </li> <li>These Individual Terms of Use set forth conditions for use of the Individual Service. User agrees to, and shall use the Individual Service in accordance with, these Individual Terms of Use. </li> <li>By using the Individual Service, User shall be deemed to have agreed to all provisions of these Individual Terms of Use. </li> <li>Unless User agrees to these Individual Terms of Use, User may not use the Individual Services. </li> <li>These Individual Terms of Use are the individual terms of pixiv service Master Terms of Use ("Master Terms of Use"), which are applied for all services throughout pixiv Inc.'s services, and cases unspecified in these Individual Terms of Use, unless specified to exclude in the Individual Terms of Use, shall follow Master Terms of Use and other relating guidelines ("Terms etc.") set by the Company. </li> </ol> Article 2. Definitions The terms used in these Individual Terms of Use shall have the meanings set forth in the following items. Unless otherwise provided in these Individual Terms of Use, terms shall have the respective meanings ascribed to them in the pixiv Master Terms of Use. <ol> <li>“Shop” means a page created by User using User’s own email address and Password through the use of the Individual Service. </li> <li>“Shop Owner” means the User who created the Shop using the prescribed procedures on the Individual Service. </li> <li>“Registered Email Address” means email address information provided by User to the Company for the purpose of receiving provision of the Individual Service. </li> <li>“Password” means a text string identifying an individual by reference to a Registered Email Address when using the Individual Service. </li> <li>“Product” means items listed by the Shop Owner on a Shop for sale. “Posted Information” specified in the pixiv Master Terms of Use includes information relating to Products. </li> <li>“Informational Commodity”means information sold on the Internet, which is called to be know-how etc. that enables to archive a high income by engaging a side business or investment etc.</li> </ol> Article 3. Account Registration, etc. Procedures for the deletion of User registration shall comply with the pixiv Master Terms of Use. provided, however, that in the case where purchase procedures using the Individual Service are pending at the time when User performed the withdrawal procedures and in cases where there is an unpaid Balance, User may not withdraw. Accordingly, User may perform the withdrawal procedures after final determination of successful completion or failure of procedures for a series of purchases in accordance with these Individual Terms of Use. Article 4. Use of the Individual Service and User Responsibilities <ol> <li>User shall bear all responsibility regarding Products that User registered using the Individual Service. The Company shall not bear any responsibility whatsoever regarding Products registered by User. </li> <li>In the case where User receives notice from the Company or another User or an indication from the Company that Product data constitutes prohibited registration information or that there are defects in Product data, User shall, under its own responsibility and at its own expense, take appropriate measures such as collection, replacement, or repair of the Product. </li> <li>In the case where changes occur to information relating to a Product, User shall promptly revise the registered information using the prescribed procedures. The Company shall not bear any liability whatsoever in the case where User incurs disadvantage as a result of the failure to revise registered information. </li> <li>User may not, in relation to the Individual Service or through the use of the Individual Service, engage in trading of Products not directly related to the particulars of Products posted on the Individual Service. </li> <li>User shall, under its own responsibility, manage and store all data relating to the Shop opened by User. </li> <li>User shall preserve data uploaded to the Individual Service by making backups from time to time or by other such measures. The Company does not make any warranties concerning the preservation of data. </li> </ol> Article 5. Shop Owner Duties and Responsibilities <ol> <li>Shop Owners understand these Individual Terms of Use and shall endeavor to perform and comply with them. </li> <li>When operating their own Shops using the Individual Service, Shop Owners must register information identifying the business operators. </li> <li>When operating their own Shops using the Individual Service, Shop Owners shall comply with the Specified Commercial Transactions Act, Installment Sales Act, Act for the Prevention of Unreasonable Premiums and Misrepresentation concerning Products and Services, Pharmaceutical Affairs Act, and other relevant laws and regulations. </li> <li>Shop Owners warrant to the Company that Product and other information does not infringe on the rights of third parties. In the case where any dispute arises with a third party on the grounds that a Product or the like registered by a Shop Owner infringes on the rights of the third party, the relevant Shop Owner shall, under its own responsibility and at its own expense, resolve the matter and shall not cause any damage to the Company. </li> <li>In cases where a Shop Owner receives order information from a User, the Shop Owner shall without delay commence processing of the order. </li> <li>If a material defect such as a change or flaw in an ordered Product is discovered when selling such ordered Product, the Shop Owner must promptly provide notice of that fact to the User who made such order. </li> <li>Shop Owners shall bear a duty to maintain the quality of Products and services that they sell, and if there is a possibility of a deterioration of quality, must promptly delete the registered products. </li> <li>In the case where a purchase is cancelled because of defects or the like in a Product sold by a Shop Owner to a User and a request for refund of the purchase price is made to the Shop Owner, the Shop Owner shall promptly comply with the refund request and shall bear a duty to refund the purchase price to the User. </li> <li>Shop Owners shall make every effort to maintain service quality and image and shall not engage in conduct that impairs such quality and image. </li> <li>In the case where a Shop Owner sells or provides Products or services to Users from a Shop operated by the Shop Owner, the Shop Owner shall, under its own responsibility, sell the Product or service and collect the charges therefor and shall bear responsibility for the overall content of the Shop Owner. </li> <li>A Shop Owner shall bear all liability for accidents and damage occurring as a result of the Shop Owner’s lack of care regarding the Shop operated by the Shop Owner, and the Company shall not bear any liability whatsoever. </li> <li>Regardless of whether a Shop Owner is an enterprise that handles personal information under the Act on the Protection of Personal Information, a Shop Owner must comply with the duties of an entity that handles personal information pursuant to that Act. </li> <li>In the case where a Shop Owner causes damage to a User of the Individual Service or a third party through the use of the Individual Service, the Shop Owner shall resolve that matter under its own responsibility and at its own expense and shall not cause any damage to the Company. </li> <li>In the case where a Shop Owner engages in conduct in violation of these Individual Terms of Use or improper or unlawful conduct, the Company is entitled to demand compensation for damage from the Shop Owner. </li> <li>In the case where a Shop Owner sells digital content such as music, video, or images (“Downloadable Products”) through the use of the Individual Service, the Shop Owner shall, under its own responsibility and at its own expense, take measures to protect the intellectual property rights relating to such Downloadable Products to prevent unlawful copying and distribution such as employing encryption. The Company shall not bear any liability whatsoever in relation to the distribution or use of Downloadable Products sold by the Shop Owner. </li> <li>A Shop Owner shall, under its own responsibility and at its own expense, provide appropriate explanations and support about how to download Downloadable Products and so on. </li> <li>In the case where a Shop Owner receives a claim from a User or in the case where a dispute with a User arises in relation to a quality defect, flaw, damage during transportation, insufficient quantity, incorrect product relating to a Product or service sold to the User or any other matter relating to a sold Product or service, the Shop Owner shall resolve the claim without delay. If the Shop Owner receives a request from the Company for modification of a Product or service or improvement of sales methods, transportation methods, of the like as a result of such a claim or dispute, the Shop Owner must promptly make the requested improvements. </li> <li>In the case where a Shop Owner receives a request from a User for return of a Product or service in relation to a claim or dispute specified in the preceding paragraph, the Shop Owner shall promptly take appropriate measures according to the request. </li> </ol> Article 6. Products Prohibited from Registration When using the Individual Service, User may not register Products whose registration is prohibited by the item below or any item of Article 14 of the pixiv Master Terms of Use. <ul> <li>Informational Commodities related to finance such as FX transaction, stock transaction and crypto asset transaction, and tools and products related to such Infromational Commodities.</li> </ul> Article 7. Prohibited Conduct <ol> <li> When using the Individual Service, in addition to the matters specified in each item of Article 14 of the pixiv Master Terms of Use, User may not engage in the conduct set forth in the following items. In the case where User engages in such conduct, regardless of whether such conduct was caused by User’s willful misconduct or negligence, the Company may take measures disadvantageous to the User who engaged in such conduct including compulsory withdrawal, suspension of use, deletion of Shop data in whole or in part, or modification of the scope of disclosure. <ol> <li>Registering items that are identical or similar to the trademarks, domains, and so on of the Company or third parties or registering subdomains that pose a risk of confusion with third parties. </li> <li>Registering or selling products in whose creation the Shop Owner did not participate. </li> <li>Engaging in or soliciting direct transactions not conducted via the Individual Service or complying with such solicitations. </li> <li>Shipping Products that are clearly different from the Product information posted on the Individual Service. </li> <li>Failing to ship Products after formation of a transaction without good cause. and </li> <li>Inappropriately delaying responses to or ignoring communications from the Company or from other Users engaged in transactions between Users. </li> </ol> </li> <li>In the case where User violates any item of the preceding paragraph and causes damage to the Company, another User, or a third party by willful misconduct or negligence, User shall pay compensation for such damage under its own responsibility and at its own expense. </li> </ol> Article 8. Method of Payment of Use Fees for the Individual Service <ol> <li>Use of the Individual Service including membership registration, Shop registration, Product registration, and viewing the Individual Service shall be free of charge, but some features shall be fee-based, and use fees and the like shall be paid. All amounts for transactions between Users and use fees for the Individual Service shall include consumption taxes. </li> <li>The Company may modify fees without obtaining User’s approval, and User consents to this in advance. Further, the revised fee structure shall apply as of the time of renewal of agreements. </li> <li>User shall pay use fees and the like with a valid credit card or bank account managed by User or other settlement method information specified by the Company as the means of payment. </li> <li>In cases where the means of payment is a credit card, use fees and the like shall be withdrawn from the account specified by User on the transfer date specified in the member agreement of the relevant credit card company. </li> <li>In cases where fee-based services that generate monthly use fees and other periodic use fees are used and User pays such use fees after the payment due date, delay penalties shall be paid to the Company in the amount calculated at the rate of 14.6% per annum for the number of days from the day after the payment due date until the day before the actual payment date. Remittance fees and other fees necessary for such payment shall be borne by User. </li> <li>In cases where fee-based services that generate monthly use fees and other periodic use fees are used and User pays such use fees after the payment due date, the Company may, without the provision of notice to the relevant User, suspend use of all fee-based services provided to the User. </li> <li>In cases where fee-based services that generate monthly use fees and other periodic use fees are used and use of the registered credit card, bank account, or other payment method registered as the means of payment for those fee-based services is suspended, the Company may, without the provision of notice to the User, suspend use of all fee-based services provided to the User. </li> <li>In cases where a User engages in conduct determined by the Company to be in violation of these terms of use, the Company may, without the provision of notice to the User, suspend use of all fee-based services provided to the User. </li> <li>In the cases specified in Paragraphs 6, 7, and 8 of this article, use fees and the like until the month in which use is suspended shall be charged. </li> </ol> Article 9. Product Prices Shop Owners may freely determine the prices of listed Products as free or within the range of at least 100 yen and no more than 1 million yen. Article 10. Payment of Sales Revenues to Shop Owners <ol> <li>Shop Owners shall entrust to the Company the collection of sales proceeds for Products purchased by Users from Shop Owners on the Individual Service. </li> <li> The Company shall calculate the amount of a Shop Owner’s sales revenues minus transaction fees (specified in Paragraph 5 of this article, referred as “Balance”) and pay the amount equal to the total Balance minus remittance fees (specified in Paragraph 6 of this article) by period specified in Paragraph 4 of this article to the payee determined by the following sentences. The remittance account shall be the account registered by Shop Owner as of the 19th day of the month in which the Company performs the remittance. ※In situations where the Balance amount is high, the remittance account shall be determined by the first business day of the month of when remittance will be done. </li> <li>In cases where there has not been a remittance request for half a year and the Balance is less than 5,000 yen, remittance of the relevant Balance shall be carried over to the remittance day within five business days from the 20th day of the month half a year past the last remittance request. </li> <li>In cases where a Shop Owner requests remittance in accordance with the method specified by the Company, the Company shall remit the Balance as of the end of the preceding month within five business days from the 20th day of the month following the month in which the request was made. </li> <li> Transaction price will be the amount multiplied by the rate in items specified below with the settlement price (total amount of Product price, BOOST fee, postage fee, and FACTORY margin) or the amount specified below (f). In addition, BOOST fee is included in the subject of transaction fees. <ol> <li>Credit card payment: the transaction fees per payment transaction shall be 3.6% of the aggregate of the sales proceeds and delivery charges of the Products sold </li> <li>PayPal payment: the transaction fees per payment transaction shall be 3.6% of the aggregate of the settlement price regarding sales proceeds and delivery charges of the Products sold. </li> <li>Bank payment: the transaction fees per payment shall be 3.6% of total settlement price. </li> <li>Convenience store payment: the transaction fees per payment shall be 3.6% of total settlement price. </li> <li>Rakuten Pay payment: the transaction fees per payment shall be 3.6% of total settlement price. </li> <li>Storage shipping fee: additional fee of 26 yen per delivered Products with the transaction price. </li> </ol> </li> <li>Remittance fees shall be determined on the basis of the total Balance. If the total Balance is less than 30,000 yen, the remittance fees shall be 200 yen, and if the total Balance is 30,000 yen or more, the remittance fees shall be 300 yen. </li> <li>Remittance Amounts shall include amounts corresponding to consumption tax on the sales proceeds of the Products sold. </li> <li>In cases where the Company is unable to complete a remittance because the remittance account information registered by a Shop Owner is incomplete or incorrect, the remittance shall be carried over to the following and subsequent months, with the same procedure to be performed in subsequent months. </li> <li>In cases where a remittance is not completed because of incorrect remittance account information or the like, the Company shall consider the Shop Owner to have released the Company from its duty to pay the relevant Balance after the lapse of six months from the day on which the remittance could not be completed. </li> <li>In the case where a payment date is a business holiday of the Company or financial institutions, payment shall be made within five business days from the following business day. </li> <li>In the case where an amount in excess of the amount to be paid to a Shop Owner is paid as a result of problems with the Company’s systems or other reasons, the Shop Owner shall bear a duty to immediately refund the amount corresponding to the excess payment to the Company, regardless of the reason. </li> <li>In cases where doubt concerning the rights and so on to a Product sold by a Shop Owner arise and in cases where the Company determines that a problem arising between a Shop Owner and a User on the basis of inquiries and the like from the User cannot be resolved within a certain period, the Company may suspend remittance to the relevant Shop Owner of the Balance, and Shop Owners agree to this. </li> <li>In the case where a Shop Owner withdraws and there is an unpaid Balance, after deducting remittance fees from the total Balance, the Company shall remit the Balance within five business days from the 20th day of the month following the month of withdrawal. provided, however, that if the unpaid Balance is less than the remittance fees, the Company shall not make payment to the Shop Owner. </li> </ol> Article 11. Prohibition of Assignment of Use Rights Shop Owners may not, without the Company’s approval, assign their rights as Users of the Individual Service to third parties, allow the use of those rights by third parties, engage in similar conduct, create a pledge on those rights, or otherwise offer those rights as security. Article 12. Disclaimers The Company shall not bear any liability whatsoever in relation to direct exchanges of information between Users or between Users and third parties via the Individual Service and other conduct performed ancillary to such exchanges. Article 13. Intellectual Property Rights ALL rights such as copyrights of information registered on the Individual Service belongs to the creator and User of registered Products. User grants to the Company a gratis and perpetual license to use and modify informations of Products and such registered by the User in order to provide service, system construction, improvement, and maintenance. In cases when Company uses the registered Product etc. information with procedure listed in the previous sentence, part of the information or name display can be omitted. Article 14. No Warranties, etc. <ol> <li>The Company does not confirm, does not bear any duty to confirm, and makes no warranties whatsoever regarding the content, quality, accuracy, lawfulness (hereafter, including non-infringement of intellectual property rights or the rights of third parties), utility, reliability, or otherwise of service, Product, or any other information provided by Users via the Individual Service. </li> <li>The Company makes no warranties whatsoever and shall not bear any liability whatsoever regarding the content, quality, accuracy, lawfulness, utility, reliability, or otherwise of content or any other information provided by the Company through the Individual Service. </li> <li>In addition to the preceding paragraphs, the Company makes no warranties whatsoever regarding the content, quality, or level of services, stable provision of services, or results in conjunction with use of services. Even in cases where User or third parties incurred direct or indirect damage as a result of inaccurate, inappropriate, or unclear content, expression, conduct, or the like in the provision of the Individual Service, the Company shall not bear any liability whatsoever for damage, regardless of whether such damage was caused by the Company’s willful misconduct or negligence. </li> </ol> Compensation <ul> <li> Refund to the shop <ul> <li>When trouble arises which the provider company is responsible of. </li> </ul> </li> <li> Buyer <ul> <li>When trouble arises during transaction which the owner is responsible of. </li> <li>Delivery accidents </li> </ul> </li> <li> Disclaimer <ul> <li>When remittance of the refund was not possible due to payee's flaw, the remittance is carried over to after the following month and to be the same afterwards. </li> </ul> </li> </ul> When remittance of the refund was not possible due to the flaw in remittance information, or if the situation stated in previously paragraph and is determined difficult to continue the process, the Company shall regard this refund payment as exemption from duty by the payee, and the Company shall not take any responsibility in the remittance delay or impossibility, unless specified in the Master Terms of Use or the Individual Terms of Use. Supplementary Provisions <ul> <li>These Individual Terms of Use shall take effect on December 27, 2013. </li> <li>These Individual Terms of Use shall also retroactively apply to conduct undertaken by User before these Individual Terms of Use came into effect. </li> </ul> Revision <ul> <li>April 25, 2016 </li> <li>August 1, 2017 </li> <li>November 1, 2017 </li> <li>December 4, 2017 </li> <li>November 5, 2018 </li> <li>March 30, 2020 As related as individual terms of Master Terms of Use, overall terms of Individual Terms of Use were modified. </li> <li>July 1, 2020 </li> <li>August 6, 2020 </li> <li>August 26, 2020 </li> </ul> BOOTH Storage Service Terms of Use This document is an English translation of the original version for reference purposes only. The original version is written in the Japanese language. In the case of any discrepancy between the original Japanese version and this English translation, the original Japanese version shall prevail. Article 1. Introduction <ol> <li>These Individual Terms of Use apply to all conduct in cases where User uses storage service (“Storage Service”) entrusted to the Company for storage in a warehouse and shipment of Products and services ancillary thereto provided in relation to the “BOOTH” service (“Individual Service”) operated and managed by the Company. </li> <li>These Individual Terms of Use set forth conditions for use of the Storage Service. User agrees to, and shall use the Storage Service in accordance with, these Individual Terms of Use. </li> <li>By using the Storage Service, User shall be deemed to have agreed to all provisions of these Individual Terms of Use. </li> <li>Unless User agrees to these Individual Terms of Use, User may not use the Individual Service. </li> <li>These Individual Terms of Use are the individual terms of pixiv service Master Terms of Use ("Master Terms of Use"), which are applied for all services throughout pixiv Inc.'s services, and cases unspecified in these Individual Terms of Use, unless specified to exclude in the Individual Terms of Use, shall follow Master Terms of Use and other relating guidelines ("Terms etc.") set by the Company. </li> <li>Unless otherwise provided in these Individual Terms of Use, the definitions in the pixiv Master Terms of Use and “BOOTH” Terms of use shall apply. </li> </ol> Article 2. Scope of Application of these Individual Terms of Use <ol> <li>These Individual Terms of Use apply to storage of products other than the prohibited items specified in Article 14 of the pixiv Master Terms of Use where such storage is performed as the Storage Service. Provision of the Storage Service shall be limited to Japan. </li> <li>Any matters not specified in these Individual Terms of Use shall be governed by laws and regulations or shall be in accordance with general practice. </li> <li>Notwithstanding the preceding two paragraphs, the Company may accept proposals for special separate agreements which amend some parts of these Individual Terms of Use to the extent not in violation of laws and regulations. </li> </ol> Article 3. Method of Use and Storage Fees <ol> <li>The Storage Service may be used for products handled by User on the Individual Service, upon User consenting to these Individual Terms of Use and making a request for the storage and shipment services via the Individual Service. </li> <li>In cases where the product sales rate* for the one-month period from the beginning of the month including the day on which the stored products are transferred to the Company equals 20% or greater, no storage fees for that one-month period shall arise. * The sales rate is equal to the number of products sold in the relevant storage period divided by (the number of products in inventory on the first day of the relevant storage period plus the number of products added to the inventory during that relevant storage period). </li> <li>The Company shall invoice User for storage fees at the beginning of the month following the month in which the storage period ends. The storage fees shall be 1,000 yen (not including consumption tax) per month. </li> <li> The maximum numbers of stored products shall be as set forth below. The Company’s determination shall take precedence with regard to product types and sizes. ■ Maximum Number of Stored Products by Size ■ <dl> <dt>Yu-packet size</dt> <dd> Product type and size Total of length, width, and height up to 60cm: Up to 34 cm length/width cm and up to 3 cm height Weight when packaged Up to 1 kg Number that may be stored 1,000 </dd> <dt>60 size A (printed materials such as fanzines and pamphlets, CDs, DVDs)</dt> <dd> Size when packaged Total of length, width, and height up to 60 cm: Up to 3.5 cm height Weight when packaged Up to 2 kg Product type Limited to printed materials, CDs, and DVDs Number that may be stored 1,000 </dd> <dt>60 size B (other goods)</dt> <dd> Size when packaged Total of length, width, and height up to 60 cm Weight when packaged Up to 2 kg Product type Non-printed materials and printed materials, CDs, and DVDs that do not fall within the definition in 60 size A Number that may be stored 200 </dd> <dt>80 size</dt> <dd> Size when packaged Total of length, width, and height up to 80 cm Weight when packaged Up to 5 kg Number that may be stored 100 </dd> <dt>100 size</dt> <dd> Size when packaged Total of length, width, and height up to 100 cm Weight when packaged Up to 10 kg Number that may be stored 100 </dd> <dt>120 size</dt> <dd> Size when packaged Total of length, width, and height up to 120 cm Weight when packaged Up to 15 kg Number that may be stored 70 </dd> <dt>140 size</dt> <dd> Size when packaged Total of length, width, and height up to 140 cm Weight when packaged Up to 20 kg Number that may be stored 70 </dd> <dt>160 size</dt> <dd> Size when packaged Total of length, width, and height up to 160 cm Weight when packaged Up to 25 kg Number that may be stored 50 </dd> </dl> </li> <li>In cases where the Company cannot confirm payment of the storage fees specified in Paragraph 3 of this article, the Company shall terminate storage of the relevant products in the month in which the storage period ends, set the number of the relevant products in inventory registered on the Individual Service to zero, and perform return procedures. </li> <li>User may make a request to the Company to return those products that User selects to be returned (“Products Subject to Return”). The Company shall calculate the shipping fees necessary for return according to the number of the Products Subject to Return and may invoice User for those shipping fees. </li> <li>In cases where the return procedures are not performed for Products Subject to Return despite termination of the storage period, the Company may return the Products Subject to Return to the address registered by User on the Individual Service. </li> <li>The Company may return to the address registered by User on the Individual Service, discard, or otherwise dispose of stored products that have not been shipped for six months from the month after the month including the day of the last shipment. </li> <li>In regards to the new storage requests, the number of Products which can be in storage shall be from 30 items, and one item for additional storing. </li> </ol> Article 4. Means of Payment of Storage Fees <ol> <li>User shall pay the storage fees for the Storage Service with a valid credit card managed by User or other payment method as the means of payment. </li> <li>The means of payment specified in the preceding paragraph shall be either of the following methods: <ol> <li>Credit card. or </li> <li>Other method specified by the Company. </li> </ol> </li> <li>Use of a credit card shall be conditioned on the User’s name being the same as the holder of the credit card specified in the preceding paragraph. </li> <li>In cases where a credit card is used for payment, the storage fees and other fees shall be withdrawn from the account designated by User on the payment date designated in the credit card company member agreement. </li> </ol> Article 5. Method of Calculation and Payment of Storage Fees <ol> <li>During the terms of the Agreement, User shall pay the storage fees invoiced pursuant to Article 3 using the credit card specified in Article 4 in a lump-sum in accordance with the credit card company member agreement. </li> <li>In cases where the settlement specified in the preceding paragraph cannot be completed because User’s credit card is expired or for other reasons, User shall immediately pay the storage fees by the method specified by the Company. </li> <li>In cases where a dispute arises between User and the relevant credit card company in relation to the obligation to pay these fees or other obligations, the matter shall be resolved between the parties, and the Company shall not bear any liability whatsoever. </li> <li>Agreements relating to use of the Storage Service shall expire when the storage period expires. Even in the case where User stops using the Individual Service or the Storage Service for its own convenience, storage fees that were previously paid shall not be refunded. </li> <li>In cases where the specified storage period expires, the agreement between User and the Company relating to use of the Storage Service shall expire. </li> <li>The Company shall at its discretion set a period during which a history of the services provided to User via the Storage Service shall be retained even after expiration of an agreement within the period and extent specified by the Company. In cases where User enters into a new agreement with the Company during that period, it will be possible to maintain the status of the history of services provided during the term of the previous agreement for the period and to the extent specified by the Company. provided, however, that this shall be at the Company’s discretion, and the Company makes no warranty that the entire service history during the period of the prior agreement will be maintained. </li> </ol> Article 6. Notice of Changes regarding Credit Card <ol> <li>In cases where there are any changes relating to credit card information provided to the Company including the address, credit card number, and expiration date, User shall promptly provide notice to the Company by the method prescribed by the Company. provided, however, that in cases falling under the following items, User shall not object to User’s credit card company providing notice to the Company without User’s prior consent. <ol> <li>In cases where User loses the membership qualification for the credit card regarding which notice was provided to the Company. or </li> <li>In cases where the credit card number that has been provided to the Company has changed because of loss of the credit card or other circumstances. </li> </ol> </li> <li>The Company shall not bear any liability whatsoever if User incurs any disadvantage as a result of failure to provide the notice specified in the preceding paragraph. </li> </ol> Article 7. Product Shipping on behalf of User and its Charges <ol> <li>User shall pay to the Company the shipping fees specified in Paragraph 4 and storage shipping fees specified in Paragraph 5 of this article (referred as "Shipping fees etc.) for each parcel of stored products that the Company ships on behalf of User. Shipping fees shall not be refunded for any reason. Shipping fees shall be based on the amount of products delivered and shall be invoiced when a product sale is formed and the product is shipped. Selection of the method of shipping, shipping company, and so on shall be determined by the Company. </li> <li>The Company may at its discretion change shipping rates. </li> <li>Except for circumstances relating to the day of suspension of shipping operations for which prior notice is provided by the Company to User, in the event there is a possibility of User being disadvantaged as a result of loss of or damage to products as a result of the Company’s negligence, the Company shall use its reasonable efforts to control the situation. User shall have the right to consult with the Company regarding damage incurred and demand compensatory damages, and the Company shall pay compensation for products up to the lower cost of 10,000 yen or the sale amount of the products to the extent attributable to the Company. </li> <li>The shipping fees when the Company ships products on behalf of User via the Storage Service shall be, 400 yen per parcel in the case of Yu-packet (total of length, width, and height up to 60cm, with up to 34 cm length/width, up to 3cm height, and up to 1kg weight) and 730 yen per parcel in the case of home delivery service (Ta-Q-BIN) (total of length, width, and height up to 160 cm, up to 25 kg weight). The Company may, at its discretion, calculate the number of boxes necessary according to the quantity of products at the time of product shipment, calculate the shipping fees on the basis of the number of boxes, and invoice User. </li> <li>The storage shipping fees cost 26 yen per order. </li> </ol> Article 8. Refusal to Accept Product Storage User must not register the following products when using the Individual Service: <ol> <li>If the request for product storage is not in compliance with these Individual Terms of Use. </li> <li>If the products are dangerous products, products that are susceptible to change in quality or easily damaged, products that are not properly packaged, prohibited products specified in Article 9, and other products that the Company determines are not suitable for storage. </li> <li>If the facilities necessary for product storage are not available. </li> <li>If special burdens are required in relation to storage of the products. </li> <li>If storage of products would be contrary to laws and regulations, public order, or good morals. or </li> <li>If there are other unavoidable circumstances. </li> </ol> Article 9. Prohibited Products In addition to the goods specified in Article 14 (Prohibited Conduct) of the pixiv Master Terms of Use, User may not request storage and shipment of the products set forth in the following items. <ol> <li>Products whose total length, width, and height exceeds 160 cm per item. </li> <li>Cash, securities, bank books, stamps, revenue stamps, certificates, important documents, seals, credit cards, and cash cards. </li> <li>Precious metals, fine art, antiques, precious stones, craftwork, furs, kimono, and other high-priced or valuable items. </li> <li>Precision machinery, glass products, ceramic ware, household Buddhist altars, and other easily broken products. </li> <li>Products that emit magnetism or will otherwise have an effect on other stored products. </li> <li>Kerosene, gasoline, gas tanks, matches, lighters, paint, and other flammable materials. </li> <li>Agricultural chemicals, dangerous drugs, gunpowder, poisons, chemicals, radioactive materials, or other hazardous or toxic substances. </li> <li>Animals and plants (including seeds and seedlings). </li> <li>Raw food and solid or liquid foodstuffs. </li> <li>Products that emit or may emit an offensive or foul odor. </li> <li>Waste material. </li> <li>Products whose possession is prohibited by laws and regulations. </li> <li>Products contrary to public order and morals. and </li> <li>Other products that the Company or the warehouse operator determines to be inappropriate. </li> </ol> Article 10. Compensation Amount <ol> <li>User agrees in advance that the amount of compensation for stored products (“Compensation Amount”) shall be limited to the lower cost of 10,000 yen or the product sale amount. </li> <li>Notwithstanding the preceding paragraph, following discussions with User at the time of the request for storage, the Company may set the Compensation Amount at a value determined to be appropriate. </li> </ol> Article 11. Request for Storage and Shipment. Formation of Storage Agreement <ol> <li>When User requests storage and shipment pursuant to these Individual Terms of Service, User must make a request by inputting and transmitting the following matters relating to the relevant product (“Application Matters”) according to the procedures and the method prescribed by the Company via the Individual Service. <ol> <li>User’s name, address, telephone number, and email address. </li> <li>Name and quantity of the product. </li> <li>If special care is required during storage, particulars relating to such special care during storage. and </li> <li>Other matters necessary for storage. </li> </ol> </li> <li>An agreement for storage of products by the Company on behalf of User (“Storage Agreement”) pursuant to these Individual Terms of Use, the “BOOTH” Terms of Use, guidelines, and the like shall be formed when the Company approves the Application Matters and accept such storage. </li> </ol> Article 12. Change of Application Matters, etc. <ol> <li>In cases where any of the change in matters specified in Paragraph 1, Item (1) of the preceding article occurs, User must immediately notify the Company in accordance with the procedures and method prescribed by the Company. </li> <li>In cases where User seeks to change any of the matters specified in Paragraph 1, Items (2) to (4) of the preceding article, User must make a prior request to the Company in accordance with the procedures and method prescribed by the Company. </li> </ol> Article 13. Cancellation of Agreement <ol> <li>In cases where the following circumstances exist, the Company may cancel a Storage Agreement. <ol> <li>If it is discovered that User falls under any one of the items specified in Article 6 or Article 7, Paragraph 1 of the “BOOTH” Terms of Use or that a product falls under any one of Items (2) to (6) of Article 8 of these Individual Terms of Use. </li> <li>If User does not transfer the stored products in accordance with these Individual Terms of Use. or </li> <li>If User refuses inspection of the particulars of the stored products in accordance with Paragraph 1 of the following article. </li> </ol> </li> <li>In the case where the Company suspends or discontinues business operations, it may cancel Storage Agreements. In this case, the Company shall provide notice to that effect at least three months before the cancellation date. </li> <li>In cases where User falls under any one of the following items, User’s obligations shall be accelerated and the Company may immediately cancel Storage Agreements. <ol> <li>If User violates any provision of these Individual Terms of Use, the “BOOTH” Terms of Use, guidelines, and the like or related rules established by the Company. </li> <li>If damage is caused to the Company or a third party or there are reasonable grounds to determine that such damage will be caused for reasons attributable to User or changes in the quality of stored products and the like. </li> <li>If a note or check is dishonored or if User is the subject of a suspension of bank transactions. </li> <li>If User is the subject of attachment, provisional attachment, provisional disposition, or other compulsory enforcement, or if User is the subject of or files a petition for corporate reorganization, bankruptcy, or civil rehabilitation. </li> <li>If inheritance proceedings are commenced with respect to User. </li> <li>If it is discovered that the details of the Application Matters are contrary to facts. </li> <li>If it is discovered that User or a person associated with User is a member of an organized crime group or the like or a group suspected of engaging in or abetting collective or habitual violent or unlawful conduct or engages in transactions with such persons. or </li> </ol> </li> <li>In the case where the Company or third party incurs damage as a result of the circumstances set forth in the foregoing items of the preceding paragraph, User shall pay compensation for such damage. </li> <li>In cases where the Company cancels a Storage Agreement pursuant to Paragraphs 1 to 3 of this article after delivery by User of the stored products to the Company, User must without delay pay storage fees, other expenses, advances, and delay penalties and retrieve the stored products. </li> <li>In cases where the Company cancels a Storage Agreement pursuant to Paragraph 1 or Paragraph 3 of this article, the Company shall not bear any liability for damage incurred as a result of such cancellation. </li> <li>In the case where the Company cancels a Storage Agreement pursuant to Paragraph 2 of this article and such suspension or termination of business operations is for good cause, the Company shall not bear liability to pay compensation for damage incurred as a result of such cancellation. </li> </ol> Article 14. Inspection of the Content of Stored Products at the Time of Transfer <ol> <li>When the Company receives transfers of stored products, if the Company has any doubts regarding the name, quantity, or special care regarding storage or shipment of the stored products that was input and transmitted as the Application Matters, the Company may, with User’s consent, inspect the content of the stored products. </li> <li>Notwithstanding the preceding paragraph, in cases where there is not sufficient time to request User’s consent and there is good cause to determine that there is an abnormality in the content of the stored products on the basis of the external appearance, the Company may inspect the content of stored products without obtaining User’s consent. </li> <li>In cases where the Company conducted an inspection pursuant to Paragraph 1 of this article and User was not present during the inspection or the Company conducted an inspection pursuant to the preceding paragraph, the Company shall without delay send notice to that effect and the results of the inspection to User. </li> <li>In cases where the Company conducted an inspection pursuant to Paragraph 1 or Paragraph 2 of this article and the content of the stored product does not differ from the Application Matters that were input and transmitted, the Company shall be liable to pay compensation for damage incurred as a result of the inspection. </li> <li>In cases where the Company conducted an inspection pursuant to Paragraph 1 or Paragraph 2 of this article and the content of the stored product differs from the Application Matters that were input and transmitted, User must pay the expenses incurred for the inspection. </li> </ol> Article 15. Change of Compensation Amount at the Time of Transfer When the Company receives transfers of stored products, in cases where the Company determines that the Compensation Amount is not appropriate, following consultations with User, the Company may change the Compensation Amount to a value that it determines to be appropriate. Article 16. Confirmation of Transfer, etc. In cases where the Company receives transfers of stored products, the Company shall provide notice according to the procedures and method prescribed by the Company. Article 17. Storage Methods The Company shall store stored products by the method determined and indicated by the Company in the condition in which the products are packaged at the time of transfer and without inspecting the content. Even if any products are lost or damaged, the Company shall not bear liability except in cases where such loss or damage is attributable to the Company. Article 18. Subcontracting <ol> <li>In cases where the Company does not possess the facilities necessary for storage of stored products or there are other unavoidable circumstances, the Company may, at its discretion, under its own responsibility, and at its own expense, subcontract storage of stored products to other warehouse operator. provided, however, that in cases where there is not sufficient time to obtain consent, the Company may outsource storage without obtaining User’s consent. </li> <li>In cases where the Company subcontracts storage to other warehouse operators pursuant to the proviso of the preceding paragraph, the Company shall without delay provide notice to that effect to User. </li> </ol> Article 19. Refusal to Renew Storage Period <ol> <li>In cases where the following circumstances exist, the Company may refuse to renew a storage period. In such cases, the Company shall provide notice to that effect at least one week prior to the expiration date of the storage period. <ol> <li>If payment of storage fees, other expenses, advances, or delay penalties are not paid by the day specified and notified by the Company. </li> <li>If User refuses inspection of the content of stored products pursuant to Article 20, Paragraph 1. or </li> <li>If User otherwise violates these Individual Terms of Use, the “BOOTH” Terms of Use, or guidelines and the like. </li> </ol> </li> <li>In cases where the Company refuses to renew a storage period pursuant to Paragraph 1 of this article, the Company shall deem that a request for cancellation of agreement was made to User simultaneously with expiration of the storage period. </li> <li>In cases where the Company refuses to renew a storage period pursuant to Paragraph 1 of this article, User’s obligations shall be accelerated because of the forfeit of the benefit of time, and User must without delay pay storage fees, other expenses, advances, and delay penalties and retrieve the stored products. </li> <li>In cases where the Company refuses to renew a storage period pursuant to Paragraph 1 of this article, the Company shall not bear liability to pay compensation for damage resulting from such refusal. </li> </ol> Article 20. Inspection of Content of Stored Products during Storage <ol> <li>If during the storage period the Company has any doubts regarding the name, quantity, or special handling notes regarding storage or shipment of the stored products that were input and transmitted as the Application Matters, the Company may, with User’s consent, inspect the content of the stored products. </li> <li>Notwithstanding the preceding paragraph, in cases where there is not sufficient time to request User’s consent and there is good cause to determine that there is an abnormality in the content of the stored products on the basis of the external appearance, the Company may inspect the content of stored products without obtaining User’s consent. </li> <li>In cases where the Company conducted an inspection pursuant to Paragraph 1 of this article and User was not present during the Inspection or the Company conducted an inspection pursuant to the preceding paragraph, the Company shall without delay send notice to that effect and the results of the inspection to User. </li> <li>In cases where the Company conducted an inspection pursuant to Paragraph 1 or Paragraph 2 of this article and the content of the stored product do not differ from the Application Matters that were input and transmitted, the Company shall be liable to pay compensation for damage incurred as a result of the inspection. </li> <li>In cases where the Company conducted an inspection pursuant to Paragraph 1 or Paragraph 2 of this article and the content of the stored product differs from the Application Matters that were input and transmitted, User must pay the expenses incurred for the inspection. </li> </ol> Article 21. Emergency Examination, Warehouse Opening, and Site Inspections In cases where any one of the following items applies, the Company may, without providing prior notice to User, examine stored products, open warehouses, unpackage products, or conduct on-site inspections of storage facilities. <ol> <li>In cases specified by laws and regulations. </li> <li>In cases where the Company determines there are unavoidable, emergency circumstances. or </li> <li>In other cases where there is good cause. </li> </ol> Article 22. Change of Storage Method In the cases specified in the following items, the Company may change the storage site or storage facilities from those where stored products were originally placed in storage, transship stored products, store products with other freight, or otherwise change the storage method. provided, however, that in the case specified in Item (3) of this article, the Company shall provide prior notice to User. In the cases specified in Items (2) and (3) of this article, the Company shall not bear a duty to pay compensation for damage incurred by User as a result of the change of storage method. <ol> <li>If a Storage Agreement is canceled, rescinded, or otherwise terminated. </li> <li>If payment of storage fees or other obligations pursuant to a storage Agreement is late. or </li> <li>If facilities are closed, renovated, or there is other good cause. </li> </ol> Article 23. Handling of Stored Products Not Suitable for Storage <ol> <li>If either of the following circumstances exist, the Company may issue a warning to User to take necessary measures within the specified reasonable period. <ol> <li>If the Company determines that the stored products are not suitable for storage as a result of change in quality, damage, or the like. or </li> <li>If the Company determines that there is a likelihood of the stored products causing damage to the warehouse or other stored products. </li> </ol> </li> <li>In the case where User receives a warning specified in the preceding paragraph, User must without delay take the necessary measures. </li> <li>In the case where User does not comply with the warning within the period specified by the Company or there is not sufficient time for the Company to provide a warning, the Company may dispose of the stored products or take other necessary measures. </li> <li>In cases where the relevant circumstances are attributable to User, User shall bear the expenses necessary for the measures specified in the preceding three paragraphs. </li> <li>In cases where the Company takes the measures specified in Paragraph 3 of this article, the Company shall without delay provide notice to that effect to User. </li> </ol> Article 24. Return Procedures <ol> <li>In cases where User wishes stored products to be returned, User must input and transmit to the Company the matters prescribed by the Company in accordance with the procedures and method prescribed by the Company via the Individual Service. </li> <li>A User who performed the withdrawal procedures for stored products prescribed by the Company pursuant to the preceding paragraph must without delay retrieve the relevant stored products. </li> </ol> Article 25. Refusal to Return of Stored Products <ol> <li>The Company may refuse to comply with requests to return stored products until it receives payment of storage fees, other expenses, advances, and delay penalties. </li> <li>During the custody period specified in the preceding paragraph, User must pay amounts equal to the storage fees. </li> <li>In cases where the Company does not comply with requests to return stored products pursuant to Paragraph 1 of this article, the Company shall not bear liability to pay compensation for damage incurred as a result. </li> </ol> Article 26. Requests to Retrieve Stored Products <ol> <li>In cases where stored products are not retrieved pursuant to Article 13, Paragraph 4 or Article 19, Paragraph 3, the Company may demand that User retrieve the stored products by the day specified by the Company. </li> <li>In cases where the demand specified in the preceding paragraph is made by sending an email or mailing documents, the Company may state that if the stored products are not retrieved by the day specified by the Company, the Company shall deem that User has refused to retrieve the stored products. After passage of the day specified pursuant to Paragraph 1 of this article, the Company shall not bear liability pay compensation for damage to the stored products. </li> </ol> Article 27. Disposal of Stored Products <ol> <li>If User refuses or is unable to retrieve stored products or the Company is unable to identify User in the absence of the Company’s negligence and the stored products are not retrieved by the deadline despite the provision to User of a warning to retrieve the stored products by a specified deadline, three months after the day of such warning and following the provision of notice to User, the Company is entitled to sell or otherwise dispose of the stored products in the presence of a fair third party. provided, however, that in cases where the stored products have decomposed or otherwise changed in quality, following the provision of notice to User, the Company is entitled to sell or otherwise dispose of the stored products in the presence of a fair third party immediately after the lapse of the retrieval deadline. </li> <li>In cases where the Company disposes of stored products pursuant to the preceding paragraph, the Company shall without delay provide notice to that effect to User. </li> <li>In cases where the Company sells stored products pursuant to Paragraph 1 of this article, the Company shall deduct storage fees, other expenses, advances, delay penalties, and expenses required for the sale (including expenses required for notice to User) from the sale proceeds, and if there is a remaining balance, shall refund the balance to User, and if there is a shortfall, shall demand payment of the shortfall by User. </li> </ol> Article 28. Responsibility for Outsourced Products In cases where the Company outsources storage of stored products to another warehouse operator pursuant to Article 18, the Company shall bear liability equivalent to that as in the case where the Company itself stores the relevant stored products pursuant to these Individual Terms of Use. Article 29. Disclaimers <ol> <li>The Company shall not bear liability to pay compensation for damage arising from the following circumstances. <ol> <li>Change of quality of stored products, defects, natural consumption, or incomplete packaging. </li> <li>Insect damage. </li> <li>War, disturbance, riots, theft, labor strike, or work slowdown. </li> <li>Earthquake, tsunami, storm surge, flooding, or storm damage. </li> <li>Requisition or quarantine. or </li> <li>Further to the preceding items, other disaster, accident, order, measures, or preservative action that cannot be resisted or avoided. </li> </ol> </li> <li>In cases where the Company promises to bear liability to pay compensation for the damage specified in the preceding paragraph on the grounds that it owns special facilities or otherwise, the Company shall pay compensation for such damage. </li> </ol> Article 30. Amount of Damages In cases where stored products are lost or damaged due to reasons attributable to the Company, the Company shall pay compensatory damages of up to the Compensation Amount specified in Article 10. Article 31. Grounds for Extinguishment of Liability <ol> <li>The Company’s liability for damage resulting from partial loss of or damage to stored products shall extinguish unless User provides notice to the Company to the effect that the relevant stored products were partially lost or damaged within one week from the day that User retrieves the stored products. </li> <li>The preceding paragraph shall not apply in cases where the Company was aware at the time that the Company returns the stored products that partial loss of or damage to stored products had occurred. </li> </ol> Article 32. User’s Liability to Pay Compensation User must bear liability to pay compensation for damage caused to the Company as a result of changes to or defects in stored products. provided, however, that this shall not apply in cases where User was not negligent and was unaware of the changes to or defects in the stored products or the Company was aware of such changes to or defects in the stored products. Article 33. Payment of Amounts Equivalent to the Storage Fees in Case of Late Retrieval In the case where User does not retrieve stored products as specified in Article 13, Paragraph 4 or Article 19, Paragraph 3, User must pay monies equal to the storage fees for the relevant storage period. Article 34. Payment of Fees for Lost Stored Products In cases where stored products are lost, the Company may invoice User for fees until the day that the products were lost. provided, however, that in the case where such loss is attributable to the Company, this shall not apply to storage fees for the relevant storage period. Article 35. Notice or Communications <ol> <li>In cases where it is necessary to provide notice to or communicate with User, the Company shall do so by delivering documents, posting on its website, or by email or mail. In cases where User determines that it is necessary to contact the Company, User shall contact the Company by email or mail. In cases where the Company provides notice to or communicates with User by posting on its website, such notice or communication shall take effect 48 hours after such notice or communication is posted, and in cases where the Company provides notice to or communicates with User by other means, such notice or communication shall take effect when issued. </li> <li>Except in cases where the Company determines there is a particular need, the Company will not accept communications by telephone or in person. </li> <li>Except in cases pursuant to laws and regulations, ordinances, statutes, and so on in Japan, the Company shall not disclose or divulge to third parties other than User User’s personal information learned in relation to provision of the Individual Service and shall not use such personal information in excess of the scope necessary to provide the Storage Service. </li> <li>Except in the cases specified in the following paragraph, the Company shall not disclose to third parties email communications histories. </li> <li>In cases where the Company is the subject of search, seizure, or the like as compulsory disposition pursuant to an order issued by a judge, in cases where an inquiry is made by a public organization with the statutory authority to make such inquiries (pursuant to Article 197, Paragraph 2 of the Code of Criminal Procedure), and in other cases where the Company must provide information pursuant to laws and regulations, the Company may disclose the subject matter without obtaining User’s consent. </li> </ol> Supplementary Provisions <ul> <li>These Individual Terms of Service shall take effect on December 19, 2013. </li> <li>These Individual Terms of Use shall also retroactively apply to conduct undertaken by User before these Individual Terms of Use came into effect. </li> </ul> Revision <ul> <li>March 30, 2020 As related as individual terms of Master Terms of Use, overall terms of Individual Terms of Use were modified. </li> <li>February 1, 2019 </li> <li>August 1, 2017 </li> <li>June 1, 2015 </li> </ul> “pixivFACTORY” Terms of Use This document is an English translation of the original version for reference purposes only. The original version is written in the Japanese language. In the case of any discrepancy between the original Japanese version and this English translation, the original Japanese version shall prevail. Article 1. Introduction <ol> <li>These Individual Terms of Use apply to all conduct in cases where User uses the pixivFACTORY service (“Individual Service”) provided by the Company. </li> <li>These Individual Terms of Use set forth conditions for use of the Individual Service. User agrees to, and shall use the Individual Service in accordance with, these Individual Terms of Use. </li> <li>By using the Individual Service, User shall be deemed to have agreed to the entire content of these Individual Terms of Use. </li> <li>Unless User agrees to these Individual Terms of Use, User may not use the Individual Services. </li> <li>These Individual Terms of Use are the individual terms of pixiv service Master Terms of Use ("Master Terms of Use"), which are applied for all services throughout pixiv Inc.'s services, and cases unspecified in these Individual Terms of Use, unless specified to exclude in the Individual Terms of Use, shall follow Master Terms of Use and other relating guidelines ("Terms etc.") set by the Company. </li> </ol> Article 2. Definitions The terms used in these Individual Terms of Use shall have the meanings set forth in the following items. Terms not defined in these Individual Terms of Use shall have the meanings specified in the pixiv Master Terms of Use. <ol> <li>“Product” means an item that User can commission the manufacture of and can purchase through the Individual Service. </li> <li>“Related Service” means the service operated by the Company and named “BOOTH” (https://booth.pm) and other service. </li> </ol> Article 3. Use of the Individual Service and User Responsibilities In cases where User uses the Individual Service in combination with the Related Service, User shall also bear duties pursuant to the terms of use relating to the Related Service. Article 4. Consignment of Product Manufacture and Purchase of Product <ol> <li>In the case where User commissions the manufacture of and purchases a Product using the procedure prescribed by the Company through the Individual Service, the Company shall process a registered image to add to the Product materials selected by the User, manufacture the Product, and deliver the Product to the address designated by the User. </li> <li>The Product manufacturing fees (including Product materials charges. referred to as “Product Materials Charges”) shall be decided by the Company. A User who commissions the manufacture of and purchases a Product shall pay the Product Materials Charges to the Company. </li> </ol> Article 5. Sale of Products on the Related Service <ol> <li>Through cooperation with the Related Service, User may register and sell on the Related Service by the method specified separately by the Company Products that User commissioned the manufacture of to the Company and purchases using the Individual Service. Use of the Related Service shall comply with the terms of use for the Related Service. </li> <li>In the case of sale of Products on the Related Service, the sale price (“Product Charges”) shall be set by User. provided, however, that the Company shall set maximum sale prices that may be set and the maximum number of products that may be displayed. </li> <li>In the case where User sells Products on the Related Service, User shall pay Product Materials Charges for the sold Products to the Company. The amounts of the Product Materials Charges shall be set separately by the Company on the Individual Service. </li> <li>In cases where a Product purchase and sale agreement is formed on the Related Service, the Company shall receive the Product Charges paid by the User who purchased the relevant product (“Purchaser”) on behalf of the User who sold the Product. In the case where the Company receives Product Charges from a Purchaser, the Company shall pay the amount (“Remittance Amount”) after deducting the Product Materials Charges from the relevant Product Charges (including consumption tax) by the method specified separately on the Related Service. The method of payment, payment date, and so on shall comply with the individual terms of use for the Related Service. </li> </ol> Article 6. Suspension of Product Manufacturing Consignment <ol> <li>In the case where the Company determines that User violated or is suspected of violating any provision of the pixiv Master Terms of Use, these Individual Terms of Use, the terms of use of the Related Service, or guidelines and the like, the Company may suspend delivery of the relevant Product. In this case, if User already sold the relevant Product to Purchaser and the Product Charges were paid by Purchaser, the Company may refund the Product Charges for the relevant Product to Purchaser. </li> <li>In the case of the second sentence of the preceding paragraph, measures including cancellation and revocation of the purchase and sale agreement for the relevant Product formed with Purchaser shall be undertaken between User and Purchaser, and the Company shall not bear any liability whatsoever in relation to damages incurred by User or Purchaser as a result. </li> </ol> Article 7. Assumption of Risk In the case where a Product is lost or damaged before receipt of the Product by User or Purchaser for reasons not attributable to User, the Company, or Purchaser, User shall assume all risk relating to loss of or damage to the relevant Product. Article 8. Prohibited Conduct When using the Individual Service, User may not engage in any conduct prohibited by or in violation of the pixiv Master Terms of Use, these Individual Terms of Use, or other terms of use or guidelines. In the case where User engages in prohibited conduct or commits a violation, User may be subject to compulsory withdrawal, suspension of use, deletion of posted work data in whole or in part, modification of the scope of disclosure, or other disadvantageous measures. provided, however, that the Company shall not bear a duty to take these measures, and shall not bear a duty to disclose the reasons for measures it has taken. Article 9. Exchange of Products Because Products sold by means of the Individual Service are manufactured to order, User may not return or exchange any Product at User’s convenience. The Company conducts comprehensive Product quality control, but in cases where the Company acknowledges that the Product ordered by User and the completed product are clearly different, the Product may be exchanged for a non-defective product at the Company’s shipping expense. User shall submit a request to the Company to that effect by the method prescribed by the Company. provided, however, that User may not request exchange of a Product in the following cases: <ol> <li>In the case where one week or more lapsed after receipt of the Product to the address specified by the User. </li> <li>In the case where some of the Products are used such as through distribution. </li> <li>In the case where the Product is damaged, marred, and so on for reasons not attributable to the Company. </li> <li>In the case where the Company determines that the Product quality is within a certain permissible range. and </li> <li>In the case where a service Product is damaged, marred, and so on during shipping. </li> </ol> Supplementary Provisions <ul> <li>These Individual Terms of Use shall come into effect on November 14, 2014. These Individual Terms of Use shall also retroactively apply to conduct undertaken by User before they came into effect. </li> </ul> Revision <ul> <li>March 30, 2020 As related as individual terms of Master Terms of Use, overall terms of Individual Terms of Use were modified. </li> </ul> pixiv Live Feature Guidelines This document is an English translation of the original version for reference purposes only. The original version is written in the Japanese language. In the case of any discrepancy between the original Japanese version and this English translation, the original Japanese version shall prevail. The Company establishes the following guidelines regarding operation and use of the pixiv Live Feature (“Individual Service”). 1. Rules These guidelines are guidelines established independently by the Company and are subject to change in conjunction with societal or environmental changes at the Company’s discretion In addition, these guidelines are the individual terms of pixiv service Master Terms of Use (hereinafter referred to as “Master Terms of Use”) that applies to all services provided by the Company, and are subject to these guidelines. For items not specified, in addition to the “Master Terms of Use”, if the guidelines stipulate that applications are excluded, such as guidelines established by the Company for individual services (hereinafter referred to as “rules”) Various regulations apply. 2. Addition of Age Restrictions and Suspension of Distribution The Individual Service management team shall make determinations regarding thumbnails, distributed content, titles, explanations and the like, and shall check for the addition of age restrictions, modification of the scope of disclosure, and distribution subject to suspension. In cases where subject distributions are found, age restrictions may be added, the scope of disclosure may be modified, or distribution may become the subject of compulsory suspension, and when bad-faith conduct including the prohibited conduct set forth below is found, the pixiv Sketch account and pixiv account may be deleted. Please note that the Company is unable to disclose the reasons for such action, even if an inquiry is made. 3. Prohibited Conduct and Content Prohibited from Distribution The conduct and distribution of the content set forth below are prohibited. In cases where the Company determines that conduct or content falls under the prohibited conduct or content, distribution of that content may be subject to compulsory suspension and the pixiv account may be suspended or deleted. <ol> <li> Conduct that infringes on the rights of other users, the Company, or third parties <ol> <li>Posting member IDs, image IDs, and so on from the Individual Service or other sites and engaging in defamation. </li> <li>Engaging in defamation, threats, or conduct that causes economic or emotional harm or disadvantage. </li> <li>Posting the personal information of oneself or a third party. </li> <li>Distribution or posting of comments for the purpose of gathering or exchanging the personal information of third parties. </li> <li> Divulging or asking for the personal information of third parties. * Personal information includes telephone number, address, email address, Mynumber, and so on. </li> <li>Engaging in conduct that infringes on the rights to likeness or copyrights of other persons. and </li> <li>Posting text, images, voice recordings, and videos for which one does not hold the rights. </li> </ol> </li> <li> Conduct in violation of social ethics or laws <ol> <li>Extremely provoking and repugnant violent scenes and excessively brutal and violent content. </li> <li>Content that excessively advocates extreme ideas. </li> <li>Content that glorifies anti-social conduct or excessively promotes such conduct. </li> <li>Content that inappropriately discriminates on the basis of race, creed, vocation, sex, religion, and so on. </li> <li>Content that expresses cult-like religious behavior or extreme political behavior. and </li> <li>Conduct that promotes homicide, abuse, self-injury, or suicide. </li> </ol> </li> <li> Commercial use <ol> <li>Soliciting pyramid schemes, network business, and the like. and </li> <li>Transmitting information for the purpose of commercial advertising or publicity. </li> </ol> *Not including publicity and the like for goods or books produced by the posting User. </li> <li> Sexualized depictions contrary to laws and regulations <ol> <li>Depicting or exposing sexual organs. </li> <li>Depicting or exposing conjoined parts and the like using other objects in a manner associated with sex. </li> <li>Making sexualized depictions in an unnecessarily distorted manner. and </li> <li>Sexualized depictions that clearly have children as the subject matter. </li> </ol> *This shall not apply in cases where concealment processing (such as pixelation) is applied to the extent permitted by social norms, but distribution of sexualized depictions prior to concealment is prohibited. </li> <li> Harassment <ol> <li>Abusive or violent statements directed towards distributors or viewers. </li> <li>Conduct that impedes distribution or viewing. and </li> <li>Spam-like conduct that involves repeated posting of a number of comments. </li> </ol> </li> <li> Conduct for the purpose of meeting or dating others or . <ol> <li>Distribution or posting of comments for the purpose of prostitution or sexual services. </li> <li>Links to adult sites, dating sites, and the like. and </li> <li>Other actions for the purpose of obscene conduct. </li> </ol> </li> <li> Other prohibited acts <ol> <li>Collection of information using crawlers and other such programs. </li> <li>Conduct that imposes excessive burdens on servers. </li> <li>Impersonation of operators or other users. </li> <li>Distribution completely unrelated to works. and </li> <li>Other conduct that the operator determines to be inappropriate. </li> </ol> *The prohibited acts are subject to change without prior notice. </li> </ol> 4. Distribution to Specified Age Groups It is required that age restrictions be checked in relation to distribution of which viewing by persons under the age of 15 years and persons under the age of 18 years on the Individual Service would be inappropriate. Please be sure to set the appropriate age restrictions when commencing distribution of the following content. <ol> <li> R-18: Distributions that contain depictions inappropriate for persons under the age of 18 years, including but not limited to the following items: <ol> <li>Depictions of penetration of the sexual organs or intercourse and depictions that evoke sexual conduct, whether directly or indirectly. </li> <li>Portrayals of sex acts or masturbation. </li> <li>Images of nudity or exposed genitals. </li> <li>Depictions of persons who are clothed but that are highly salacious due to emphasis of the genitals and the like. </li> <li>In addition to the R-15 criteria, depictions that infer a sexually aroused state through facial expression, imitative sounds, perspiration, or other depictions. and </li> <li>Portrayals of excretory behavior and excreta. </li> </ol> </li> <li> Excessively violent depictions, conceptual and simulated depictions of highly risky or provocative conduct, including but not limited to the following items: <ol> <li>Depictions of injured bodies or exposed brain or organs. </li> <li>Anti-social depictions including suicide, homicide, and sexual criminal conduct. </li> </ol> </li> <li> R-15: Distributions that contain depictions inappropriate for persons under the age of 15 years, including but not limited to the following items: Content relating to sex and obscene depictions <ol> <li>Exposure of undergarments (including see-through clothing and exposure through stockings, tights, and the like). </li> <li>Clothing that is excessively revealing. </li> <li>Depictions of persons who are clothed but that are highly salacious due to emphasis of the breasts or buttocks and the like. </li> <li>Items with sexual associations such as condoms, sex toys, and restraints. </li> </ol> </li> <li> Portrayals of violent scenes or scenes that evoke fear, including but not limited to the following items: <ol> <li>Fighting that involves bloodshed. and </li> <li>Bodily restraint. </li> </ol> </li> </ol> 5. Concealment Processing (Pixelation) <ol> <li>In general, concealment processing shall not be based on the technical properties of the image, but is premised on obscuring details based on visual determination. </li> <li>Concealment is to be performed on the same dimension level in such a manner that it is not technically possible to return the image to its original condition. </li> <li>The scope is to be enclosed by an outline. </li> <li>Even in cases where processing is performed, if the details are clearly visible due to transparency, this shall not constitute concealment. </li> <li> In the case of pixelation, the relevant portions of the image shall be obscured, taking the following into consideration. In the case of a mosaic at least four-pixels square where the length of the entire image is at least 400 pixels, the mosaic shall cover, in the necessary areas, a surface area of approximately 1/100 of the lengthwise dimension of the entire image. </li> <li>In the case of overpainting, it is assumed that concealment processing will be performed on the entirety of the necessary area, but this shall not apply in cases where the necessary areas are obscured as a result of partial processing. </li> <li>In cases of use of white concealer or other concealment using a design or pattern, it is assumed that concealment processing will be performed on the entirety of the necessary area, but this shall not apply in cases where the necessary areas are obscured as a result of partial processing. </li> </ol> 6. Examples of Areas that Require Concealment Processing (Pixelation) <ol> <li>Sexual organs or areas related to sexual organs. </li> <li>Areas of sexual intercourse or penetration. </li> <li>Areas of anal intercourse or penetration. </li> <li>Areas that depict cutting, laceration, and the like in unnecessary detail and excessively. </li> </ol> *Distribution of parts before concealment processing or with incomplete concealment processing is prohibited. Please commence distribution or switch images at the time that concealment processing is completed. 7. Supplementary Provisions Revision <ul> <li>March 30, 2020 </li> <li>July 12, 2018 </li> <li>December 19, 2017 </li> </ul> Rules on the Receipt of Rewards These rules on the receipt of rewards (these “Common Rules”) set forth the terms of use of the program relating to the receipt of rewards (“Program”) on the Individual Service provided by the Company and apply to all matters relating to use of the Program by Users. Rewards are monetary incentive provided by the Company to creators according to evaluations of content posted on the services provided by the Company. Users can receive rewards by agreeing to these Common Rules and participating in the Program. Article 1. Common Rules <ol> <li>These Common Rules are individual rules of pixiv service Master Terms of Use ("Master Terms of Use") that apply to all services by the Company, and in the case of any matters not specified in these Common Rules, except when these Common Rules exclude application, Master Terms of Use and other provisions including guidelines and the like (“Other Provisions”) established by the Company in relation to the Program shall apply. </li> <li>Calculation, acquisition, and exchange of rewards shall be as set forth in Article 4. </li> <li>Users must agree to these Common Rules before using the Program. </li> </ol> Article 2. Purpose of the Program The Program is intended to encourage communication between creators and their fans and to support creative activities. Article 3. Conditions for Use of the Program Use of the Program requires satisfaction of the prescribed conditions. Details regarding those conditions shall be explained on the Individual Service page, and User shall confirm the particulars of such explanations prior to using the Program. Article 4. Rewards <ol> <li> When the Program is used, rewards shall be accumulated at the Company’s discretion based on the popularity of and reactions to content. When a certain number of rewards are accumulated, they can be converted to pixiv Points or cash. <ol> <li> Calculation of rewards. After joining the Program, calculation of rewards shall commence on the day that content is provided. Further, rewards shall be calculated on a monthly basis. </li> <li> Acquisition of rewards. Users may acquire rewards by the method specified by the Company after joining the Program and lapse of a certain period. (In cases where the Live Feature is used and content is provided by multiple persons, only the owner can acquire rewards. In cases of distribution by multiple persons, the owner is the manager.) </li> <li> Exchange of rewards. <ol> <li>In cases where accumulated rewards are acquired by bank remittance, the amount calculated in accordance with Article 4, Paragraph 1 of the Program shall be obtained. In cases where cumulative rewards are acquired as pixiv points, points shall be acquired according to the specified conversion rates for each service. </li> <li>Only individual Users can acquire rewards in cash. Corporations and organizations can acquire rewards only as pixiv points. Remittance accounts are limited to bank accounts in Japan. In cases where rewards are acquired in cash, User shall bear the remittance fees, and the amount shall be remitted after deducting the remittance fees. </li> </ol> </li> <li> Reward expiration dates. The reward expiration dates shall be 90 days from the day of acquisition. In cases where a period of 90 days lapses without converting acquired rewards to pixiv points or vouchers and the like, the relevant rewards shall become void. </li> </ol> </li> <li>In addition to the above, details concerning rewards shall be explained on service pages and help pages, and the User shall confirm the particulars of such explanations prior to using the Program. </li> </ol> Article 5. User Responsibilities Users shall confirm the following matters prior to using the Program. <ol> <li>That content is provided in accordance with the pixiv Master Terms of Use and the Live Feature guidelines. </li> <li>In cases where User is a minor, User must use the Program after a legal representative (person with parental rights or the like) confirms these Common Rules and consents to use of the Program. Minor Users who use the Program shall be deemed to be doing so after obtaining the above consent of a legal representative. </li> </ol> Article 6. Prohibitions <ol> <li>In cases where the Company determines that User conduct constitutes prohibited conduct specified in Article 14 of Master Terms of Use, the Company may suspend the grant of rewards, deprive User of acquired rewards, delete User’s account, or take other measures. </li> <li>User agrees that in the case of violation of the preceding article, User shall lose eligibility to receive rewards (including pixiv points and cash). Further, User warrants that in cases where problems arise with third parties as a result of or in relation to User’s participation in the Program or use of the Program, User shall resolve the matter under User’s responsibility and shall hold the Company harmless. </li> </ol> Article 7. Modification and Termination of the Program <ol> <li>The Company may, at its discretion, modify the details of or terminate provision of the Program. In the case where the Company terminates the provision of the Individual Service, the Company shall in principle provide notice or make an announcement to the User on the Program website in advance. </li> <li>The Company shall not bear any liability whatsoever in relation to damage incurred by User as a result of modification or termination pursuant to the preceding paragraph. </li> </ol> Supplementary Provisions <ul> <li>These Common Rules shall take effect on July 12, 2018. </li> </ul> Revision <ul> <li>March 30, 2020 </li> <li>July 19, 2018 </li> <li>July 12, 2018 </li> </ul> Rules on the Shoutout Feature Associated with the Live Feature Article 1. Introduction <ol> <li>These Terms of Use (these “Shoutout Terms”) apply to all conduct in cases where User uses the Cheers Feature associated with the Live Feature operated by pixiv Inc. (“Company”) in the service operated by the Company and known as “pixiv” or the service operated by the Company and known as “pixiv Sketch”. </li> <li>These Common Rules are individual rules of the pixiv Master Terms of Use applicable to all services provided by the Company. Except in cases where application of these Common Terms of Use is excluded, the pixiv Master Terms of Use and other provisions including guidelines and the like (“Other Provisions”) established by the Company for the Individual Service shall apply to use of the Cheers Feature. </li> <li>Common Rules that forth the conditions for use of the Feature. Users must use the Feature in accordance with these Common Rules after agreeing to these Common Rules. </li> <li>By using the Feature, User shall be deemed to have agreed to these Common Rules in their entirety. </li> </ol> Article 2. Definitions The definitions of terms used in these Common Rules shall be as set forth in the following items. <ol> <li>“Individual Service” means “pixiv” and “pixiv Sketch.” </li> <li>“Shoutout Feature” (“Feature”) means the fee-based feature that enables Users to send reactions to live streaming content on the Individual Service. </li> <li>“Emoji” means a pictorial symbol purchased by a User using pixiv points as the means of advance payment provided by the Company in order to express a reaction using the Live Feature. By using the Feature, a User can express a reaction by “sending Emoji” or “transmitting Emoji.” In response to this, the User to which the reaction was expressed using the Feature can “accept Emoji” or “receive Emoji.” </li> <li>“Live Feature” means a feature that enables Users to transmit video images in real time via the Individual Service. “Related Service” means a service provided on a related website other than the Individual Service using the pixiv member function operated by the Company. </li> <li>“User” means, for the purpose of these Common Rules, a person who is registered to use the Individual Service and Related Services. </li> <li>“Feature-Using User” means a User who uses the Feature. </li> <li>“Stream” and “Streaming” means the act of a User distributing video images in real time on the Individual Service. </li> </ol> Article 3. Scope of these Shoutout Terms <ol> <li>These Shoutout Terms and other terms of use and the like set forth the terms of use of the Feature on the Individual Service. Such other terms of use constitute a part of these Shoutout Terms, regardless of designation. </li> <li>In the case of a discrepancy between these Shoutout Terms and other terms of use and the like, such other terms of use shall apply preferentially. </li> </ol> Article 4. Revision of these Common Rules <ol> <li>The Company may, at its discretion, revise these Shoutout Terms at any time as it deems appropriate. </li> <li>Except when the Company provides otherwise, the revised Shoutout Terms shall take effect when displayed on the Individual Service. </li> <li>In the case where User uses the Individual Service and the Feature after revisions to these Shoutout Terms have come into effect, User shall be deemed to have agreed to the revised Shoutout Terms in their entirety. </li> </ol> Article 5. Handling of the Feature <ol> <li>The Live Feature on the Individual Service shall be shared with other Users during times of creative activity and can be used to Stream the creation process of illustrations, cartoons, and the like. </li> <li>The Feature is one means for Users to express reactions to Streamed content provided by a User who is Streaming live. The Feature is fee-based and differs from other types of reactions. The Feature can be used by purchasing Emoji from the Company. </li> <li>Users who use the Feature can send Emoji by paying the total necessary amount of pixiv points according to the number and type of Emoji. </li> <li>Purchased Emoji cannot be returned or refunded. Further, Emoji that have been transmitted cannot be canceled. </li> </ol> Article 6. Responsibility of Feature-Using User <ol> <li>Feature-Using Users shall use the Feature under their own responsibility and bear all liability for all conduct performed when using the Feature and the results of that conduct. </li> <li>Feature-Using Users shall bear all liability in relation to Emoji transmitted and received by Feature-Using Users through use of the Feature. The Company shall not bear any liability whatsoever in relation to Emoji transmitted and received by Feature-Using Users using the Feature. </li> </ol> Article 7. Prohibited Conduct When using the Feature and Individual Service, Feature-Using Users may not engage in any of the conduct specified in Article 15 of the pixiv Master Terms of Use or in the following items. In the case where a User engages in prohibited conduct, the User may be subject to compulsory withdrawal, suspension of use, deletion of account, modification of the scope of disclosure, inability to use the Feature or other disadvantageous measures. provided, however, that the Company shall not bear a duty to take any of these measures and shall not bear a duty to disclose the reasons for measures it has taken. <ol> <li>Expression that is linked to discrimination on the basis of race, ethnicity, sex, age, belief, or the like including (but not limited to) by using combinations of multiple Emoji or consecutively using the same Emoji. </li> <li>Conduct that imposes burdens beyond the normal scope on the Feature’s or Individual Service’s servers, conduct that impedes operation of the Feature or Individual Service or network systems, or other comparable conduct. </li> <li>Conduct in violation of laws and regulations, public order, these Common Rules, or other terms of use and the like or that the Company determines infringes on the rights of others. </li> <li>Using multiple accounts to purchase Emoji and transmit them to oneself. and </li> <li>Other conduct that the Company determines to be inappropriate. </li> </ol> Article 8. Modification of the Feature <ol> <li>The Company may supplement, modify, suspend, or terminate the Feature at its discretion and at any time without the provision of prior notice. </li> <li>The Company shall not bear any liability whatsoever in relation to supplementation, modification, suspension, or termination of the Feature. </li> </ol> Article 9. Emoji Fees Fees for the Emoji are set on the screen that opens by clicking each Emoji on the "Shoutout " screen of the live function. Supplementary provision <ul> <li>These Shoutout Terms will come into effect on July 12, 2018. </li> <li>Any act performed by the user prior to the enforcement of these Shoutout Terms is also subject to these Shoutout Terms. </li> </ul> Revision <ul> <li>March 30, 2020 pixiv Co., Ltd. The entire agreement has been revised as an individual agreement tied to the pixiv Master Terms of Use. </li> <li>July 12, 2018 </li> </ul> “VRoid Studio” Terms of Use This document is an English translation of the original version for reference purposes only. The original version is written in the Japanese language. In the case of any discrepancy between the original Japanese version and this English translation, the original Japanese version shall prevail. Article 1: Introduction <ol> <li>These Individual Terms of Use apply to all acts involving use of “VRoid Studio” (“Software”) and related websites, software, applications, products, documents and all other merchandise and services (“Individual Services”) provided by the Company to Users in connection therewith. </li> <li>These Individual Terms of Use set forth the conditions of use of the Individual Services. Users shall consent to these Individual Terms of Use and use the Individual Services in accordance herewith. </li> <li>These Individual Terms of Use is the individual Terms of Use of pixiv services' Master Terms of Use ("Master Terms of Use") provided by the Company. In cases of unspecified matter in the Individual Terms of Use, unless specified to exclude application of the term in the Individual Terms of Use, the Master Terms of Use or other suggested guidelines or terms and conditions by individual services ("Terms and Conditions") shall be applied. </li> <li>Users will be deemed to have consented to all of the particulars set forth in the pixiv Master Terms of Use, these Individual Terms of Use and related guidelines (Collectively “Terms etc.”) at the point in time that they click on the download button provided on this site. </li> <li>Users cannot use the Individual Services unless they consent to these Terms etc. </li> </ol> Article 2: Definitions <ol> <li>“Software” means all computer programs and data included in the 3D model generation software “VRoid Studio”. </li> <li>“Site” means the website entitled “VRoid (https://vroid.pixiv.net)” operated by the Company. </li> <li>“Client PC” means any computer on which the Software is installed. </li> <li>“User” means individuals and corporations that have agreed to the Terms etc. and installed Software on Client PCs. </li> <li>“Output Item” means works outputted using the Software with agreement to these Individual Terms of Use. </li> <li>“Associated Services” means associated websites other than the Site (VRoid Hub – https://vroidhub.com/. VRoid Market – https://vroidmarket.com/) which are operated by the Company and utilize the “pixiv” membership functions. </li> </ol> Article 3: Usage Rights and Fees <ol> <li>Users are entitled to install and use Software on Client PCs that they personally own. </li> <li>The Individual Services are free of charge. </li> </ol> Article 4: Duplication <ol> <li>Users are entitled to produce duplicates of Software generally only for backup purposes for such User itself. </li> <li>Notwithstanding the preceding paragraph, only with separate prior written consent of the Company, Users may duplicate the Software for the purpose of distribution the duplicates of the Software to unspecified others. </li> <li>Unless otherwise specified, Users shall not produce duplicates of the Software for any purposes or in any manners other than specified in preceding two paragraphs. </li> </ol> Article 5: Prohibited Acts Users may not engage in the acts indicated in any of the following items when using Software. In cases where a User has engaged in an act falling under any of the following (“Prohibited Act”), regardless of whether the act arose through willful misconduct or negligence, the Company shall be entitled to deem said act as a violation, and may rescind the usage rights of, or may delete, alter or adopt other disadvantageous measures in respect of all or some Software-related data against, the User who committed the Prohibited Act. <ol> <li>Acts that the Company judges to violate laws/regulations, public order and morality, or these Individual Terms of Use or other conditions of use etc., or to infringe the rights of others. </li> <li>Duplicating Individual Services or Software for the purposes of selling the same to third parties. </li> <li>Distributing or otherwise providing Individual Services or Software to third parties without Company approval, regardless of whether done for a fee or without charge. </li> <li>Reverse engineering, decompiling, reverse assembling or otherwise analyzing Individual Services or Software in whole or in part. </li> <li>Modifying or eliminating Individual Services or Software in whole or in part. </li> <li> Engaging in commercial use or secondary application of Individual Services or Software, unless in any of the following cases. <ul> <li>Use of Software at an educational institution by teaching staff or student for educational purposes </li> <li>Use of Software with purpose of use or production of Output Items </li> <li>Use of Software with purpose of sharing production process of the Output Item to the public </li> <li>Use of Software to confirm the normal mechanical operation of illustrating tablets, PC, and the like on sale with the Software (For promotional purpose of the mechanical products). </li> <li>Any other situations specifically permitted by the Company. </li> </ul> </li> <li>Transferring, lending or licensing Software to third parties. </li> <li>Acts that are prohibited in Article 14 of pixiv Master Terms of Use or related guidelines. </li> </ol> Article 6: Upgrades and Suspension of Provision etc. <ol> <li>The Company may modify or improve Individual Services without advance notification. </li> <li>Unless notified or Individual Terms of Use being modified by the Company, the use of modified or improved Individual Services shall be free of charge. </li> <li>The Company is entitled to alter the contents of or the method of provision of Individual Service. or, temporarily suspend or discontinue the provision of Individual Services Software at any time without notice to Users if the Company judges such action necessary. </li> </ol> Article 7: No-Guarantees <ol> <li> The Company makes no guarantees regarding the following items. The Company is not obligated to eliminate defects etc. relating such items in providing Individual Services to Users. <ol> <li>the quality, functionality, or suitability for use, of Software. </li> <li>a perpetual duty to update, improve, or repair deficiencies in Software. </li> <li>that there will not be factual or legal defects (including flaws in regard to safety, reliability, accuracy, completeness, effectiveness, suitability for a particular purpose, security or the like. errors or bugs. and rights infringements) in Individual Services or Software. The Company is not obligated to eliminate such defects in providing Services to Users and that there will not be technical inaccuracies, typographical errors or misprints, or that deficiencies and failures will not occur, with respect to Individual Services or Software. </li> <li>the state of provision, accessibility, or state of use, of Individual Services. </li> <li>the legality, accuracy or the like of works created by Users and the suitability of works created by Users in relation to the internal rules etc. of the corporations, groups or the like to which such Users belong. or </li> <li>that content associated with Individual Services will not contain computer viruses or the like. </li> </ol> </li> <li>The fact that an external site is linked from information provided in Individual Services shall not imply the existence of any commercial relationship whatsoever between the Company and such external site. Further, external sites linked from Individual Services are not managed or operated by the Company, and the Company shall bear no liability in regard to the lawfulness, morality, reliability or accuracy of the content of such sites or in regard to site changes, updates or the like. </li> <li>Users, when using Individual Services or information that has come to their knowledge through Individual Services, must comply with the laws and regulations of the countries and/or regions in which they engage in such use, and the Company shall bear no liability in regard to such Users’ violations of laws or regulations. </li> </ol> Article 8: Disclaimers <ol> <li>The Company will make utmost effort to ensure that Individual Services are beneficial to all Users, but the Company’s liability to Users shall be limited to managing Individual Services, through reasonable efforts, to ensure that Users can use Services without any trouble. </li> <li> The Company shall be exempt from providing compensation or indemnification to Users for any damage, loss or other expenses suffered in conjunction with the following items and shall bear no liability to Users regardless of whether the relevant damage etc. was direct or indirect and regardless of whether the relevant damage etc. could have been foreseen: <ol> <li>the use of Individual Services or Software, or inability to use Individual Services or Software (including improved/modified Software. hereinafter the same). </li> <li>In cases where the Company has terminated the Site or Software, any addition to or modification, discontinuation or termination of Software. </li> <li>the devices, communication lines and software etc. used by Users. </li> <li>mistakes occurring in the course of Users’ use of Individual Services. </li> <li>any defect, temporary suspension, partial deletion, modification or termination in/of the content of Individual Services. </li> <li>any disputes etc. between Users or between Users and other third parties that arise as a result of use of Individual Services. or </li> <li>the items prescribed in Article 7 regarding which the Company makes no guarantees. </li> </ol> </li> <li>The Company will bear no liability for any disputes or other issues that arise in conjunction with communications, activities or transactions between Users and/or other third parties. In the event that a dispute has arisen between Users, said dispute shall be resolved between the relevant Users, and the Company will have no involvement whatsoever. When in cases that resulted in damage of the Company due to a dispute, all expense including legal expense etc. shall be paid by the person concerned by joint and several obligation. </li> <li>The paragraph 11 of Article 24 of pixiv Master Terms of Use shall apply to Individual Services and these Individual Terms. </li> </ol> Article 9: Ownership of Intellectual Property Rights <ol> <li>All Intellectual Property Rights and other rights to Software, information associated therewith, websites, products, programs, applications, documents and other merchandise etc. will belong to the Company. </li> <li>All Intellectual Property Rights and other rights to works that constitute Output Items created using Software shall belong to the Users who created such works. In addition, when the Output Items contain third-party copyrighted work etc., the right belongs to the third-party with legitimate authority to grant the license to use the copyrighted work etc. to such Users. </li> <li>When Output Items created using Software contains copyrighted work etc.of the third-party with legitimate authority, User must follow the license and the like of such copyrighted work etc.by such third-party . The Company shall have no responsibilities for the infringement on the license and the like by Users. </li> </ol> Article 10: Open-Source Software Notwithstanding the provisions of these Terms, open-source software set forth separately will be licensed to Users in accordance with the respective licensing terms applicable to such software. Article 11: Revocation of Usage Rights <ol> <li>If a User breaches these Individual Terms of Use, the Company is entitled to revoke such User’s right to use Software. </li> <li>In cases where the Company has revoked the right to use Software, the relevant User shall promptly cease use of Software and promptly delete Software and all duplicates thereof. </li> </ol> Supplementary Provisions <ul> <li>These Individual Terms of Use will come into effect on July 31, 2018. </li> <li>Conducts done before enforcement of the Individual Terms of Use are also applied to this Individual Terms of Use. </li> </ul> Revision <ul> <li> March 30, 2020 <blockquote> As related as individual terms of pixiv services' Master Terms of Use, overall terms of Individual Terms of Use were modified. </blockquote> </li> <li> July 31, 2018 </li> </ul> “VRoid Hub” Terms of Use This document is an English translation of the original version for reference purposes only. The original version is written in the Japanese language. In the case of any discrepancy between the original Japanese version and this English translation, the original Japanese version shall prevail. Article 1: Introduction <ol> <li>These Individual Terms of Use apply to all conduct in cases where User uses the “VRoid Hub” service (“Individual Service”) provided by the Company. </li> <li>Users shall agree to these Individual Terms of Use and use the Individual Service in accordance with these Individual Terms of Use. </li> <li>By using the Individual Service, User shall be deemed to have agreed to the entire content of these Individual Terms of Use. </li> <li>These Individual Terms of Use is an individual term of pixiv Master Terms of Use, and those cases unspecified in the Individual Terms of Use, unless specified to exclude in the Individual Terms of Use, will follow Master Terms of Use and other relating guidelines regulated by the Company. </li> </ol> Article 2: Definitions The terms used in these Individual Terms of Use shall have the meanings set forth in the following items. Terms not defined in these Individual Terms of Use shall have the meanings specified in the pixiv Master Terms of Use. <ol> <li>“Site” means the website entitled “VRoid Hub” operated by the Company. </li> <li> “Individual Service” means all services provided on the Site. The Individual Service are a content posting (includes URLs) platform on which it is possible to upload 3D model data, images, videos, and the like (“Creations”) of 3D characters (e.g. humanoid avatars, etc.) that can be used as avatars common across assorted VR/AR platforms or across assorted 3D content. </li> <li>"VR/AR platforms" mean the website or service (including 3D contents) which the contractor uploads and operates. </li> <li>“Registered Works” mean Creations that, in accordance with these Individual Terms of Use, have been Registered as Characters on the Site by 3D Model Data Registrants. </li> <li>“Registered Work Information” means data (including Registered Works), images, text, and all other information that is inputted to the Services and Associated Services when a Creation file created by a 3D Model Data Registrant is Registered as a Character. </li> <li>“Character Registration” means the act of a User uploading Registered Work Information to the Site and associated sites. </li> <li>“3D Model Data Registrant” means a User who has uploaded Registered Work Information to the Site and associated sites. </li> <li>“Conditions of Use” means the conditions of use for a Registered Work, which are set in accordance with Article 3, Paragraph 1(1) when the relevant User uploads Registered Work Information to the Site and performs Character Registration of such information as a “Registered Work”. </li> <li>“SDK” means a “software development kit” provided by the Company to other VR/AR platforms for the use, in other assorted VR/AR platforms, 3D media content or the like, of files, images, text and other work information etc. related to the Registered Works that 3D Model Registrants have Registered as Characters on the Site. </li> </ol> Article 3: Method of Character Registration and Conditions of Use of Registered Works <ol> <li> Character Registration <ol> <li> When User carries out Character Registration of Creations on the Site, said User shall, on the basis of the range of authorization indicated below, determines: whether to allow the downloading of the Registered Works that have been Registered as Characters and the use of such works in assorted VR/AR platforms and 3D media content etc. that are affiliated with the Site. whether to allow commercial use by individuals or corporations. whether to allow use in violent scenes. and other Conditions of Use of the Registered Works. It should be noted that when Creations that User intends to Register as Characters contain copyrighted materials or the like that are subject to third-party rights, the conditions of use etc. stipulated by such third parties must also be followed. <ul> <li>Whether to allow downloading by User </li> <li>Use of 3D model data of Registered Works via SDK </li> <li>Whether to allow use as avatars (including modifications of character of Registered Works in conjunction with use as avatars) </li> <li>Whether to allow use in violent scenes </li> <li>Whether to allow use in sexual scenes </li> <li>Whether to allow commercial use by corporations </li> <li> Whether to allow commercial use by individuals <ul> <li>Allow for-profit activity by individuals. Such for-profit activity shall include gifting etc. through video distribution using Registered Works. </li> <li>Allow only nonprofit activity by individuals. Here, commercial and nonprofit activity includes the distribution of self-produced video games, manga and merchandise, and other fan production (dōjin) activities, but does not encompass cases in which such distribution etc., as evaluated on the basis of its mode, scope, price settings or other similar factors, is intended mainly for the acquisition of profit. </li> </ul> </li> <li>Whether to allow modifications </li> <li>Whether to allow redistribution </li> <li>Whether to require credit attribution </li> </ul> </li> <li>In cases where Creations that are generally distributed, sold or otherwise made available outside the Services are used when performing Character Registration on the Site, the relevant User shall be responsible for verifying and complying with the conditions of use etc. stipulated for such Creations. provided, however, that Character Registration, downloading and use as a Registered Work via SDK cannot be allowed in cases where Creations contain 3D model data of which redistribution, modification and the like are not permitted, or where there is otherwise a conflict between conditions of use outside the Services and the Conditions of Use set forth in Paragraph 1(1) of this article. In cases where a dispute etc. has arisen with a third party because a Creation distributed under conditions of use that conflict with the Conditions of Use set forth in Paragraph 1(1) of this article has been Registered as a Character on the Services (including disputes etc. arising as a result of use in VR/AR platforms, 3D content or the like), such dispute etc. shall be resolved under the responsibility and at the expense of the relevant 3D Model Data Registrant. </li> <li>The Conditions of Use of Registered Works that are Registered as Characters on the Site can be amended at any time by the relevant 3D Model Data Registrant, without notice to the User(s) using such Registered Works. </li> <li>With respect to Registered Works for which downloading or use in VR/AR platforms or 3D content via SDK is permitted, there may be cases where multiple individuals or corporations use the same Registered Work at the same time. Further, when multiple individuals or corporations use a Registered Work, there may be cases where characters having different personalities, individuality or the like are created in each platform or 3D content. </li> </ol> </li> <li> Use of Registered Works <ol> <li>When Registered Works are downloaded or used in VR/AR platforms, 3D content or the like, such Registered Works can be used only within the scope of the Conditions of Use set forth in the preceding paragraph. </li> <li> The Conditions of Use of Registered Works will be differentiated in the following two cases. <ul> <li> In regard to Conditions of Use for a Registered Work that is downloaded from the Site, the Conditions of Use stipulated at the time of such downloading will apply. In the case where the Conditions of Use etc. of such Registered Work have been amended, the updated Conditions of Use will not apply to Registered Works downloaded prior to such amendment. When such a Registered Work is newly downloaded, the Conditions of Use stipulated at such time will apply. </li> <li>With respect to the Conditions of Use on occasions of use in VR/AR platforms, 3D content or the like other than the Individual Service via SDK, the most recent Conditions of Use will apply in all cases. provided, however, that in some cases it may take time for Conditions of Use to become applicable to Registered Works that are currently in use in VR/AR platforms, 3D content or the like via SDK. </li> </ul> </li> <li>On occasions of use in VR/AR platforms, 3D content or the like, the personality and individuality of the relevant character shall be respected, the quality thereof shall be maintained, and the image thereof shall be maintained and enhanced. </li> </ol> </li> </ol> Restrictions of Use of Registered Works, Example 1: <ul> <li> 3D Model Creator 1 “I want the 3D models I have created to be seen and used freely by many people. Redistribution, adjustments, modifications, design changes, and commercial use by individuals or corporations, can also be carried out freely. However, please display my name as Creator on the relevant page.” </li> <li> VRoid Hub Conditions of Use can be set in regard to whether to allow downloading of Registered Works or use of the same in VR/AR platforms, 3D content or the like via SDK, whether to allow modifications, whether to allow redistribution, and whether to require credit attribution. </li> <li> Providers of VR/AR Platforms, 3D Content, etc. Use is allowed only within the scope of the Conditions of Use stipulated by the 3D Model Data Registrant on VRoid Hub. Please confirm with the 3D Model Creator about the specific credit attribution method or in cases where it is difficult to determine the credit attribution method appropriate for use in video games or the like. </li> </ul> Restrictions of Use of Registered Works, Example 2: <ul> <li> 3D Model Creator 1 “I want to distribute videos myself on multiple platforms and reduce the burden of managing 3D models on each such platform. I do not want to allow use by other people.” </li> <li> VRoid Hub The use of Registered Works that have been Registered as Characters can be restricted to use only by the 3D Model Registrant him/her/itself. </li> <li> Providers of VR/AR Platforms, 3D Content, etc. If a video distribution platform has introduced a VRoid Hub SDK, the Registered Works of which VRoid Hub allows use only by the 3D Model Data Registrant will be consulted, and only the relevant 3D Model Data Registrants will be entitled to use such Registered Works in video distribution etc. </li> </ul> Restrictions of Use of Registered Works, Example 3: <ul> <li> 3D Model Creator A1 “I want the 3D models I have created to be seen and used freely by many people. Redistribution, adjustments, modifications, design changes and the like can also be carried out freely. However, commercial use by corporations is prohibited.” </li> <li> VRoid Hub Allow downloading of Registered Works or use of same in VR/AR platforms, 3D content or the like via SDK, and disallow commercial use by corporations. </li> <li> Providers of VR/AR Platforms, 3D Content, etc. Only use by individuals within the Condition of Use stipulated by the 3D Model Creator1 is possible. Commercial use by corporations is not allowed. </li> </ul> Restrictions of Use of Registered Works, Example 4: <ul> <li> 3D Model Creator A1 (Licensor 2) “I want the 3D models I have created to be seen and used freely by many people. Modifications are possible, and redistribution is acceptable.” </li> <li> VRoid Hub User (Licensee 3) “I want the 3D models I have created on the basis of the 3D models created by 3D Model Creator A1 to be publicly accessible on VRoid Hub.” </li> <li> VRoid Hub Character Registration must be carried out in accordance with the Licensor's 2 Scope of License.4 VRoid Hub User must consent to these Terms before use. In cases where use in excess of the Scope of License4 of a Registered Work has been found, deletion, removal from public accessibility, or other similar measures may be carried out in respect of such Registered Work. </li> <li> Providers of VR/AR Platforms, 3D Content, etc. Use is allowed only within the scope of the Conditions of Use stipulated by the Licensee.3 </li> </ul> Restrictions of Use of Registered Works, Example 5: <ul> <li> Providers of VR/AR Platforms, 3D Content, etc. We want to use a 3D model registered at VRoid Hub in our media content for commercial purposes. </li> <li> VRoid Hub Only Registered Works for which commercial use by corporations is permitted can be used, subject to the Conditions of Use set forth for such Registered Works. Copyrights, other intellectual property rights, and all other rights to Registered Work Information will belong to the 3D Model Creator1 who created the relevant Creation(s). Please note that when Registered Work Information is used, the foregoing rights will not be assigned or otherwise transferred, regardless of whether the User is an individual or corporation. Further, with respect to simultaneous use by multiple individuals or corporations as set forth in Paragraph 1(4) of this article, the personality and individuality of the relevant character must be respected, the quality thereof must be maintained, and the image thereof must be maintained and enhanced. </li> <li> VRoid Hub User (Licensee 3) The personality and individuality of the character must be indicated in the description at the time of Character Registration. Moreover, in cases where a 3D Model Data Registrant allows use in VR/AR platforms, 3D content or the like, such registrant shall stipulate Conditions of Use as appropriate, with the understanding that said registrant shall not assert that a given use is “not to my liking” and that all information will be equally public in accordance with the scope of Conditions of Use personally set forth by said registrant. </li> </ul> <ol> <li>“3D Model Creator” means an individual or corporation that has created 3D model data and has registered or wishes to register the relevant Creation(s) on the Services. </li> <li>“Licensor” means a creator that has independently created a Creation. </li> <li>“Licensee” means a creator that uses, within the Scope of License stipulated by the Licensor, a Registered Work that said Licensor has Registered as a Character on the Site, and creates new Creations therefrom. </li> <li>“Scope of License” means, in regards to a Creation that a Licensor distributes and sells to the public, the extent to which such Creation can be used in a case where there are stipulations regarding whether modifications or redistribution or the like are permitted or not. </li> </ol> Article 4: Prohibited Acts When using the Individual Service, User must not engage in prohibited conduct specified in Article 14 of the pixiv Master Terms of Use. Engaging in a prohibited act may result in revocation of membership, suspension of use, deletion of all or some Registered Work Information and/or other data, alteration of the scope of public accessibility, or other adverse measures (provided, however, that the Company is not obligated to take these measures or to disclose the reason any of these measures was taken). Article 5: Ownership of Intellectual Property Rights, Licensing <ol> <li>Copyrights, other intellectual property rights, and all other rights to Registered Work Information that has been Registered as Characters using the Individual Service will belong to the creator of the relevant Registered Work(s) </li> <li>The knowhow, copyrights, other intellectual property rights, and all other rights contained in the Individual Service shall belong to the Company or the holders of the relevant rights, and except where User have obtained the advice written consent of the Company, such User shall not be entitled to imitate the Individual Service, use the knowhow contained in the Individual Service, to duplicate, adapt, publicly disseminate or otherwise infringe rights in regard to copyrighted materials such as images, logos, or copyrighted materials such as text, or to engage in any other conduct that will infringe any of the abovementioned rights. </li> <li>The Company shall be entitled to use and/or modify Registered Work Information, non-exclusively and at no cost, within the extent necessary for the smooth provision, encouragement of use and/or advertisement/promotion of the Individual Service or for the construction, improvement and/or maintenance of Company systems, and User shall consent to the foregoing. (E.g., cases where 3D models Registered as Characters are displayed in the Individual Service. cases where, when a 3D Model Data Registrant has modified Registered Work Information, such changes are reflected in the Registered Work. cases where thumbnails of Registered Work Information etc. are generated. cases where generated thumbnails are trimmed. etc.) </li> <li>When the Company uses Registered Work Information in any of the forms set forth in the preceding paragraph, the Company shall be entitled to omit some of the information or the name indication. </li> <li>There may be cases where Registered Work Information etc. that has been Registered as Characters on the Individual Service will be downloaded or used in VR/AR platforms, 3D content or the like via a VRoid Hub SDK, within the parameters of the Conditions of Use stipulated by the relevant 3D Model Data Registrant. </li> </ol> Supplementary Provisions <ul> <li>These Terms will come into effect on December 21, 2018. </li> <li>These Terms will also apply to any acts committed by Users before said Terms come into effect. </li> </ul> Revision <ul> <li>March 30, 2020 As related as individual terms of pixiv services' Master Terms of Use, overall terms of Individual Terms of Use were modified. </li> <li>December 21, 2018 </li> </ul> “VRoid mobile” Individual Terms of Us This document is an English translation of the original version for reference purposes only. The original version is written in the Japanese language. In the case of any discrepancy between the original Japanese version and this English translation, the original Japanese version shall prevail. 1. Introduction <ol> <li>These Terms of Use (these “Individual Terms”) set forth the conditions of use of the mobile application software (“App”) provided by the Company as a platform enabling creation of avatars and communication with others in a virtual space, and the “VRoid Mobile” services provided by the Company on said App (collectively with the App, the “Individual Services”). These Individual Terms are applicable to all acts when Users use Individual Services. </li> <li>Users shall consent to these Individual Terms before using Individual Services in accordance herewith. </li> <li>By using Individual Services, Users shall be deemed to have consented to all particulars set forth herein. </li> </ol> 2. Definitions The terms used herein shall have the meanings ascribed to them below. Any terms not explicitly defined herein shall have the meanings ascribed to them in the pixiv Master Terms of Use (“Master Terms of Use”). <ol> <li>“Individual Services” means, collectively, the App and all services provided on the App. The term “App” is used when referring only to the “VRoid Mobile” application software operated by the Company. </li> <li>“User” means Members, Applicants for the creation of accounts, persons accessing the App unless otherwise specified, and all other individuals and corporations using Individual Services. </li> <li>“Member” means individuals and corporations that have consented to these Individual Terms, submitted prescribed applications for use of Individual Services, received the Company’s approval of such applications, and created accounts. </li> <li>“Avatar” means 3D characters created by Users on the App or on Associated Services (i.e., VRoid Hub and other services provided by the Company. hereinafter the same), in accordance with these Individual Terms. </li> <li>“Avatar-Related Information” means data, images, text and all other information input on Individual Services and Associated Services when Avatar Creators save Avatars (not including the Avatars themselves). </li> <li>“Avatar Creator” means Members that have uploaded Avatar-Related Information to the App. </li> <li>“Content” means 3D model data containing clothing, hairstyles, accessories and the like for which usage rights can be purchased for free or for a charge on Individual Services, and all Avatars and data created using such 3D model data on Individual Services. </li> <li>“Photo Studio Function” means an App function in which Users can use Avatars they have created to conduct photoshoots, on the App, of said Avatars alone or with Avatars of other Users while communicating with such other Users. </li> </ol> 3. Scope of Application of Individual Terms <ol> <li>The conditions of use of Individual Services are set forth in these Individual Terms, the Master Terms of Use, the pixiv Privacy Policy, guidelines, notations under the Act on Specified Commercial Transactions, indications under the Payment Services Act (including other Terms of Use, guidelines or the like, if any. hereinafter “Conditions of Use etc.”). Such other Conditions of Use etc., regardless of how denominated or entitled, shall constitute a part of these Individual Terms, and Members are obligated to comply with these Individual Terms and other Conditions of Use etc. when using Individual Services. </li> <li>In the event of a discrepancy between the provisions of these Individual Terms, the Master Terms of Use, and guidelines or other regulations, priority shall be applied in the following order: the guidelines or other regulations. these Individual Terms. and the Master Terms of Use. </li> <li>Matters not provided herein or in guidelines or other regulations shall be handled in accordance with the provisions of the Master Terms of Use. </li> </ol> 4. Creation of Accounts <ol> <li>Individual Services have a function that can be utilized by creating an account through “pixiv” and becoming a Member (“Login Function”). The details of the Login Function shall be provided on the App, and the scope thereof will be subject to change without warning at the Company’s discretion. </li> <li>The creation of accounts shall be in accordance with the provisions of the Master Terms of Use. Persons that have submitted applications to create accounts (“Applicants”) will become Members when the Company has approved their applications. </li> <li>Please be advised that the Company is not obligated to restore or recover data etc., even if a Member has deleted an account by mistake. </li> </ol> 5. Provision of Services The Company will grant Users a non-exclusive right to use Individual Services in accordance with these Individual Terms and conditions of use published in/on such Individual Services. Users are not entitled to assign their rights to use Individual Services to third parties or to cause or allow third parties to succeed to such rights. 6. Content <ol> <li>Usage rights for Content can be purchased on the App. Users shall comply with the usage fees, usage periods, payment settlement methods and other conditions of use set forth with respect to such Content. </li> <li>Content can be used only in the account that purchased the usage rights thereto. Users are not entitled to assign the usage rights to Content to third parties or to cause or allow third parties to succeed to such rights. </li> <li>In the case of some Content, restrictions may apply to the periods during which usage rights can be purchased or utilized. In such cases, the Company may terminate, without warning, the period during which such purchase or utilization is possible. </li> <li>Users shall not use (including duplication, transmission, republication, modification and other similar acts) Content in excess of the modes of use or methods expressly permitted herein or in excess of the modes of use intended for Individual Services. </li> <li>Please be advised that in the case of some Content, depending on the region of use or the state of use of the relevant account, it may not be possible to purchase or utilize usage rights to such Content. </li> </ol> 7. Ownership and Licensing of Intellectual Property Rights Related to Individual Services <ol> <li>All knowhow, copyrights, design rights, trademark rights, patent rights, utility model rights, and rights under the Unfair Competition Prevention Act (including rights to register designs, rights obtained by applying for trademarks, rights to receive patents, and rights to register utility models. hereinafter “Intellectual Property Rights”. Intellectual Property Rights shall include any rights equivalent to the foregoing in other countries and any rights comparable to the foregoing which arise through any future revision etc. of laws or regulations), and other rights related to any text, images, videos, music, logos, services, programs or other information on or ancillary to Individual Services (“Information”), will belong to the Company or to third parties that have authorized the Company to use, utilize or implement such rights. </li> <li>Users are entitled to use or utilize Information only to the extent necessary to create Avatars on the App and/or use the App’s Photo Studio Function in accordance with these Individual Terms. Except where expressly permitted herein and where authorized in advance in writing by the Company or a third party as specified in the preceding paragraph, Users shall not be entitled to imitate or copy Individual Services, to utilize knowhow contained in Individual Services, to duplicate, adapt, publicly disseminate or otherwise utilize Information, or to engage in any other use of Information. </li> </ol> 8. Rights to Avatars, Conditions of Use of Avatars, Company’s Use of Avatars <ol> <li> The ownership etc. of copyrights and other rights to Content containing Avatars created by Users using Individual Services shall be handled as follows. <ol> <li>With respect to Content containing Avatars, regardless of whether such Content is provided for free or for a charge, and even when “Buy”, “Sell” or the like is indicated on screen in an Individual Service, neither Intellectual Property Rights nor any other rights shall transfer to Users, and such Users will be granted only a usage right. It is not permissible to transfer usage rights to third parties, or to cause or allow third parties to succeed to the same. </li> <li>All other rights encompassing Intellectual Property Rights to Content will belong to the Company or to third parties that have authorized the Company to use such rights. When the Company or such a third party has stipulated conditions of use for an individual item of Content, Users must abide by such conditions in addition to the provisions of these Individual Terms. Users are not entitled to use Content unless authorized by the Company or such third parties. </li> <li>When Avatars are used on services affiliated with Individual Services, the terms and conditions of such affiliated services shall apply. </li> </ol> </li> <li>When Avatar-Related Information that a User has personally created falls under a copyrightable work, said User shall have the rights, as author, to all parts constituting such work. provided, however, that the foregoing shall not apply when such rights belong to the Company or a third party. </li> <li>The Company shall be entitled to use and modify etc. Avatar-Related Information, non-exclusively and at no cost, to the extent necessary for the smooth provision, promotion of use, and/or advertisement/promotion of Individual Services and Associated Services or for the construction, improvement and/or maintenance of Company systems, and Users shall consent in advance to the foregoing. (E.g., displaying a registered Avatar on/in Individual Services. reflecting, in an Avatar, changes that an Avatar Registrant has made to Avatar-Related Information. generating thumbnails of Avatar-Related Information etc.. trimming the thumbnails so generated.) </li> <li>When the Company uses Avatar-Related Information in any of the forms specified in the preceding paragraph, the Company shall be entitled to omit some information or a name attribution (username). </li> <li>There may be cases where Avatars or Avatar-Related Information registered on Individual Services are used in Associated Services or services etc. provided by third parties, via downloading or VRoid SDK, within the extent of the conditions of use specified by the Avatar Registrant. Avatar Registrants must determine the conditions for use of Avatars and Avatar-Related Information on Associated Services and services etc. provided by third parties in accordance with the terms of use etc. of such services, and therefore should confirm the terms of use etc. of such services. </li> </ol> 9. Photo Studio Function <ol> <li>When using the Photo Studio Function, Users shall be personally responsible for their communication with other Users. </li> <li>With respect to any User that, when using the Photo Studio Function, has engaged in inappropriate conduct such as defaming another User, the Company will be entitled, in accordance with a report to the Company by such another User or at the Company’s discretion, to restrict the scope of such User’s use of the Photo Studio Function or take any other action against such User that the Company deems appropriate. The Company shall bear no liability for adversity or damage suffered as a result of such actions. </li> </ol> 10. Usage Fees <ol> <li>Account creation and use of Individual Services shall be free of charge, except where the Company has specified otherwise. </li> <li>Use of paid Content shall require the purchase of VRoid Coin. The Company will stipulate, and indicate on Individual Services, the units of purchase, payment settlement methods, use periods, and other conditions for the awarding of VRoid Coin. </li> </ol> 11. VRoid Coin <ol> <li>“VRoid Coin” means a dedicated prepaid payment instrument on Individual Services that is used to purchase paid Content. VRoid Coin can be obtained through purchase or through other actions designated by the Company. </li> <li>Users are entitled to use VRoid Coin only on Individual Services provided by the Company. When Users use VRoid Coin, they shall follow the on-screen indications in Individual Services. </li> <li>VRoid Coin does not expire once purchased. provided, however, that VRoid Coin will become invalid in the event of cancelation of membership on Individual Services. </li> <li>The Company will be entitled to delete accounts without advance notice to Users if there have not been at least a certain number of logins within a certain timeframe as set forth by the Company, or if such accounts are deemed to have been used improperly as prohibited under terms of use specified by the Company. Unused VRoid Coin will become invalid in such cases. </li> <li>VRoid Coin will be given to Users through purchase on Individual Services, campaigns, and other methods designated by the Company. The Company will stipulate, and indicate on Individual Services, the units of purchase, payment settlement methods, use periods, and other conditions for the awarding of VRoid Coin. </li> <li>VRoid Coin can be exchanged only for paid Content designated by the Company and cannot be exchanged for any other rights or for cash, property or other economic benefits. The Company will stipulate, and indicate on Individual Services, the amount of VRoid Coin that must be exchanged for each item of Content, and other conditions of use of VRoid Coin. </li> <li>Users shall be personally responsible for the management of their own VRoid Coin, together with the management of their accounts. When VRoid Coin has been purchased in order to use Content, such VRoid Coin cannot, after use, be cancelled, be reissued, or undergo any similar dispensation for any reason whatsoever. In addition, VRoid Coin owned by a User cannot be reissued even when lost due to unauthorized use by a third party other than such User. </li> <li>VRoid Coin cannot be refunded. provided, however, that the foregoing shall not apply in the case where the Company discontinues Individual Services or where otherwise required under laws or regulations. in such cases, the method of refunding VRoid Coin will, in accordance with laws and regulations, be determined by the Company and communicated to Users receiving refunds. </li> <li>VRoid Coin can be used only with the accounts used by Users to purchase such VRoid Coin, and cannot be transferred or assigned to other accounts or other Users. </li> <li>Users cannot use VRoid Coin or account information containing information related to VRoid Coin for any purpose other than use in Individual Services. Neither VRoid Coin nor such information can be directly or indirectly converted to cash or transferred to third parties. Furthermore, neither VRoid Coin nor such information can be used, on behalf of the relevant User him/herself or of third parties, for any purpose not authorized by the Company. </li> <li>VRoid Coin can be succeeded from the present terminal use by User to another terminal on which a single account used on the present terminal has been authenticated. provided, however, that between different app-based charging services such as App Store and Google Play Store, the VRoid Coin on such services is of different types regardless of how denominated or entitled, and therefore cannot be succeeded, consolidated or added together across such services. </li> </ol> 12. Prohibitions Users shall not engage in any of the conduct indicated below when using Individual Services or Associated Services. Engaging in a prohibited act may result in revocation of membership, suspension of use, deletion or alteration of the scope of public accessibility of all or any part of Avatar-Related Information and/or other data, or other measures (provided, however, that the Company is not obligated to take any of these measures or to disclose the reason any such measure was taken). <ol> <li>Republishing, without the consent of the creator (including Avatar Creators and original providers of Content), Avatar-Related Information or Content uploaded to the App or associated sites. </li> <li> Reverse engineering or other acts of disassembly and analysis; Engaging in any of the following conduct with regard to Avatar-Related Information or other data that is tantamount to obscenity, child pornography or child abuse such as will violate laws, ordinances or other standards specified by the Company (“Obscene Data”): <ul> <li>Registering or displaying Obscene Data. </li> <li>Selling media on which Obscene Data is recorded. and </li> <li>Registering or displaying advertisements to encourage the transmission, display or sale of media on which Obscene Data is recorded. </li> </ul> </li> <li> Registering Avatar-Related Information or other data containing any of the following: <ul> <li>Material defamatory of any uploaded Avatar. </li> <li>Personally identifiable information, such as the registrant’s name, address, employer or telephone number (including cases in which an individual can be identified by cross-referencing information associated with an uploaded Avatar). </li> <li>Fraudulent material or material of which the veracity is difficult to confirm. and </li> <li>Anything else deemed unsuitable by the Company. </li> </ul> </li> <li>Registering: Avatar-Related Information having the purpose of commercial advertisement, promotion, or inducement (excluding information that the Company has specifically permitted). Avatar-Related Information containing affiliates’ links. Avatar-Related Information constituting MLM, pay-to-read email, or other material for the inducement of others. Avatar-Related Information that guides viewers to adult sites, one-click fraud sites, sites intended to disseminate viruses or other harmful computer programs, and other sites that the Company deems inappropriate (including the act of simply sharing links). or other Avatar-Related Information that the Company deems inappropriate. </li> <li>Engaging in conduct falling under any item of Article 14 of the Master Terms of Use, or conduct in violation of associated guidelines. and </li> <li>Other conduct that the Company deems inappropriate. </li> </ol> 13. Right of Deletion In any of the cases indicated below, the Company shall be entitled to delete, alter the scope of public accessibility of, or take other similar action in respect of Avatar-Related Information in whole or in part, regardless of whether the relevant Avatar-Related Information is illegal or in breach of these Individual Terms (provided, however, that the Company is not obligated to take any of these measures or to disclose the reason any such measure was taken). <ol> <li>In the case where Avatar-Related Information that the Company judges to be obscene has been registered. </li> <li>In the case where an official body or expert (e.g., the national government, a local government, a reliability verification organization as set forth in a guideline on the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of the Identification Information of the Senders, an internet hotline, or an attorney) has indicated that or has manifested an opinion to the effect that an item of Avatar-Related Information is illegal, violates public order and morality, or infringes another person’s rights. </li> <li>In the case where a third party has asserted rights in regard to Avatar-Related Information. and </li> <li>In the case where the Company determines that registered Avatar-Related Information infringes a third-party copyright. </li> </ol> 14. Responses to Breaches etc. <ol> <li> If a User is found to have breached these Individual Terms or other Conditions of Use etc., or if the Company otherwise deems it necessary, the Company may take the actions indicated below without advance notice to such User. provided, however, that the Company is not obligated to prevent or remedy conduct in breach of such terms/conditions, to take any of the following actions, or to disclose the reason any such action was taken. <ol> <li>Demanding that the User who committed the breach delete or revise Avatar-Related Information. </li> <li>Deleting, altering the scope of public accessibility of, or making it impossible to access all or any part of the Avatar-Related Information of the User who committed the breach. </li> <li>Imposing a compulsory disposition for revocation of membership on the User who committed the breach. </li> <li>Not approving a membership application by the User who committed the breach. </li> <li>Suspending or revoking rights to use Content. </li> <li>Suspending or revoking accounts or the use thereof. </li> <li>Suspending use of Individual Services in whole or in part. or </li> <li>Other actions that the Company deems necessary and appropriate. </li> </ol> </li> <li>Users shall not raise objections to any Company action as in the preceding paragraph. </li> </ol> 15. Method of Communication <ol> <li>Communication from the Company to Users in regard to Individual Services will be carried out by notice in an appropriate location in the App or by other method deemed appropriate by the Company. </li> <li>Communication from Users to the Company in regard to Individual Services should be carried out by transmitting an inquiry form provided in an appropriate location in the App or by other method designated by the Company. </li> </ol> Supplementary Provisions <ul> <li>These Individual Terms will come into effect on July 18, 2019. </li> <li>The Individual Terms will also apply to acts committed by Users before said Individual Terms came into effect. </li> </ul> Revision <ul> <li>March 30, 2020: Terms revised in entirety as individual terms associated with the pixiv Inc. Service Master Terms of Use. </li> <li>July 18, 2019 </li> </ul> © pixiv 運営会社

Pixiv

Terms of Use

On 2020-12-14 20:18:31 UTC, michielbdejong ⁽⁶⁾ Staff wrote:

On 2022-04-27 09:02:24 UTC, Jones ^(27062) wrote:

On 2022-04-27 22:40:07 UTC, Jones ^(27062) wrote:

Pixiv

Terms of Use

On 2020-12-14 20:18:31 UTC, michielbdejong (6) Staff wrote:

On 2022-04-27 09:02:24 UTC, Jones (27062) wrote:

On 2022-04-27 22:40:07 UTC, Jones (27062) wrote:

On 2020-12-14 20:18:31 UTC, michielbdejong ⁽⁶⁾ Staff wrote:

On 2022-04-27 09:02:24 UTC, Jones ^(27062) wrote:

On 2022-04-27 22:40:07 UTC, Jones ^(27062) wrote: