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Terms of Use for Derivative Creation Activities

 

 

Terms of Use for Derivative Creation Activities (hereinafter referred to as the “Terms”) apply to all users (hereinafter referred to as “Users”) who perform derivative creative activities related to “Yukinoshita Peo” (Japanese notation “Yukinoshita Peo”), which is a copyrighted work owned by Yukinoshita Peo. If the user attempts or performs Derivative Creation Activities related to “Yukinoshita Peo”, it is deemed that you have agreed to these Terms of Use, and these Terms shall apply.

 

Article 1 (Subject of the Terms )

 

(1) The Terms are applied to the matter in relation to derivative creation works regarding “Yukinoshita Peo” (Japanese notation “Yukinoshita Peo”, which is copyrighted by Yukinoshita Peo; an Illustration, video, sound, or any other copyrighted work created to express an abstract concept characterized by sound, appearance, personality, etc., given a name in order to distinguish its existence from others, hereinafter referred to as the “Character”) and shall apply to the use of Illustrations, videos, sounds, and any other derivative creative activities regarding the Character.

(2) The Terms apply to Derivative Creation Activities (see the definition in Article 2) of the Character performed by individuals or organizations that do not have legal personality.

Please contact us for activities and businesses performed by the corporation.

 

Article 2 (Scope of Derivative Creation Activities)

 

(1) In these Terms, “Derivative Creation Activities” means any creation of a new expression such as an Illustration, video, sound, etc. with new creativity based on the Character or illustrations related thereto, and includes the publication of such expressions, the sales, etc. (excluding those corresponding to business activities.).

In addition, whether or not it is a business activity shall be determined at the discretion of Yukinoshita Peo.

2) Copying the Character as it is, trimming or changing the color tone, etc., is not a Derivative Creation Activity because no new creativity has been added.

This agreement does not apply to the production, publication, and sale of expressive works that do not correspond to derivative creative activities.

However, please note that such actions may constitute an infringement of the copyrights of the Character.

(3) Yukinoshita Peo shall not claim damages for actions within the scope of Derivative Creation Activities by Users on the grounds of copyright infringement.

However, if the scope of Derivative Creation Activities is exceeded, it is possible to file a claim for an injunction, compensation for damages, etc. against the user.

 

Article 3 (Prior Consent)

 

(1) If the user attempt or perform Derivative Creation Activities, it is necessary to read all of these Terms and agree in advance.

Based on the prior agreement by you, you can freely perform Derivative Creation Activities.

(2) In addition, at the time the derivative work activity is performed, it is deemed that you have agreed to all of the contents of this agreement.

(3) You may not perform any Derivative Creation Activities that violate these Terms of Use.

If the fact of violating this agreement occurs after the commencement of the derivative work activity, the license under this agreement will automatically terminate when the fact that the violation of this agreement occurs.

 

Article 4 (Prohibited Activities)

 

Please do not perform the following in Derivative Creation Activities.

(1) There is a risk of damaging the honor and dignity or public image of Yukinoshita Peo and the Character

(2) Infringe on the intellectual property rights or any other rights or honor of any third party

(3) Using expressions that mislead that it is an official work of Yukinoshita Peo and the Character

(4) To use and advertise other businesses, solicit businesses, or use and promote other products. 

(5) Acts contrary to the public order and morals, or expresses sexual, violent, or antisocial expressions

(6) Making expressions that promote crime

(7) Expressions that contain a specific idea/belief, religion, or political opinion

(8) Other things that Yukinoshita Peo determines to be inappropriate

 

Article 5 (Use by Yukinoshita Peo)

 

(1) Works published by Users as Derivative Creation Activities can be licensed and used free of charge and indefinitely by Yukinoshita Peo or a third party designated by Yukinoshita Peo.

The “use” above includes using it on Yukinoshita Peo's live streaming, SNS, etc., making it into goods, and selling it.

In addition, when using it, trimming or processing, etc. may be performed to the extent that the identity of the work is not impaired.

(2) In the case of use pursuant to the preceding paragraph, the user cannot exercise copyright moral rights against Yukinoshita Peo, or a third party designated by Yukinoshita Peo.

3) Even if revenue is generated as a result of use pursuant to section 1, the User agrees in advance that there is no right to such revenue.

Article 6 (Compensation for Damages)

If Yukinoshita Peo suffers damage due to a user's violation of laws and regulations or these Terms, the user must compensate Yukinoshita Peo for the damage, regardless of the direct damage or indirect damage (including the burden of attorney's fees).

 

Article 7 (Revision of Terms and Disclaimer)

 

1. Yukinoshita Peo may change this agreement without obtaining the consent of the user if it falls under any of the following items.

i)  If the content of the change is a change in the service name or expression, or the correction of a typo or omission, etc., and does not substantially affect the content of this agreement

ii) When the content of the change conforms to the general interests of the user

iii) If the content of the change is not contrary to the purpose for which this agreement was established and is reasonable in light of the necessity of the change, in addition, is appropriate and conforms with other circumstances related to the change

(2) In the case of a change due to the preceding paragraph ii) and iii) of the preceding section, Yukinoshita Peo shall, at least one month before the effective date of the change in the Terms, the change to the Terms, the contents after the change, and the effective date of the change on our website We will notify you by posting it on the website, etc., and other methods that we deem appropriate.

In the case of a change pursuant to paragraph i) of the preceding section, the revised Terms shall take effect when the contents of the revised Terms are posted on the Company's website, etc., or otherwise notified by a method that the Company deems appropriate.

(3) Yukinoshita Peo is not responsible for any trouble that arises between a third party and you regarding the user's Derivative Creation Activities.

Please observe the Terms, applicable laws and regulations, and common sense and perform Derivative Creation Activities under your own responsibility.

 

Article 8 (Request for Cancellation)

 

Yukinoshita Peo may individually request the cancellation of Derivative Creation Activities that violate these Terms and applicable laws and regulations, or activities that do not fall under Derivative Creation Activities such as copying the Character.

If you receive a request from Yukinoshita Peo to cancel, please stop the activity immediately.

 

Article 9 (Language and Governing Law)

 

The Terms shall be in Japanese as the original text and shall be interpreted in accordance with the laws of Japan.

 

Article 10 (Agreed Jurisdiction)

 

The Tokyo District Court shall be the exclusive jurisdiction court of the first instance in the event of a dispute regarding these Terms or the User's derivative work activities.

 

Article 11 (Severability)

 

Even if any provision or part of the Terms is determined to be invalid or unenforceable by the Consumer Contract Act or other laws and regulations, etc., the remainder of the provisions of the Terms, excluding the provisions judged to be invalid or unenforceable in part, shall continue to be in full force and effect.

 

Established on September 1, 2022 (行政書士川崎事務所 作成 / 行政書士 Takahashi 様 英語翻訳)

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