Terms of Service

Disclaimer: This document was translated into English (US) from its original version in Japanese. If there is any conflict of understanding due to the translation of this document, the Japanese version shall take precedence over the English version.

These Terms of Use (hereinafter, these "Terms of Use") set forth the terms and conditions of your use of the "SKIYAKI GOODS" Internet service (hereinafter, the "Service") operated by SKIYAKI Inc. (hereinafter, the "Company").

Chapter 1: General Provisions

Article 1 (Content of the Service)

  1. 1. The Service is a service through which the user who has agreed to these Terms of Use (hereinafter, the "Member"), can register works he/she has produced him/herself or for which he/she has been licensed to exercise copyright and related rights by the copyright and related rights holder (hereinafter, the "Content"), offer products such as T-shirts and photographs using the Content (hereinafter, the "Products"), and purchase the Products offered by other Members. The Member will receive a part of the revenue from the Products featuring his/her registered Content sold through the Service.
  2. 2. Details concerning the contents of the Service shall be set forth in these Terms of Use and the Service description page.

Article 2 (ID Acquisition)

  1. 1. The Member who wants to be a Creator Member that is defined in Paragraph 1 of Article 3 will need to acquire a SKIYAKI ID through the Company's prescribed procedures in order to use the Service (The Member who does not want to or does not need to be a Creator Member does not need to acquire a SKIYAKI ID. But once the Member acquire a SKIYAKI ID and register his/her personal information including his/her address, etc., the Member does not need to enter your personal information each time the Member purchases the Products.). The Member will receive his/her SKIYAKI ID after he/she has agreed to the SKIYAKI ID terms of use prescribed separately by the Company, applied to acquire a SKIYAKI ID through the Company's prescribed procedures, and the Company has approved his/her application.
  2. 2. To use the Service, the user must agree to these Terms of Use and the Company's privacy policy. Minors, adult wards, persons subject to a conservatorship or curatorship, and persons under assistance must obtain the consent of their legal representative, guardian, curator or assistant to use the Service. These persons may not use the Service without aforementioned consent.
  3. 3. The Company may refuse to issue a SKIYAKI ID to the Member, refuse the Member use of his/her SKIYAKI ID and the Service, or revoke his/her SKIYAKI ID and approval to use the Service in whole or in part, if the Company deems any of the circumstances enumerated below to apply:
    1. ① When the Member has suspended or cancelled his/her SKIYAKI ID that he/she owns or owned in the past;
    2. ② When the Member's registration information contains falsehoods, errors or omissions;
    3. ③ When the Member, being a minor, adult ward, person subject to a conservatorship or curatorship, or person under assistance, has acquired a SKIYAKI ID or has used the Service without the consent of his/her legal representative, guardian, curator or assistant;
    4. ④ When the Member corresponds to an "Anti-Social Force" (an organized crime group, a member of an organized crime group, a company related to an organized crime group, a corporate extortionist, a politically-branded racketeering organization or special intellectual violence group, etc. any people or party equivalent to, related to the preceding items, or any people or party that used to join the preceding items), or is involved with an Anti-Social Force;
    5. ⑤ When the Member has not logged into the Service over a certain amount of times within a certain period prescribed by the Company;
    6. ⑥ When the Company has deemed that the User is unsuitable to use the SKIYAKI ID and the Service as a Member for any other reason.
  4. 4. The Member may not acquire multiple SKIYAKI IDs. If the Member has acquired multiple SKIYAKI IDs, the Company may refuse the Member use of the Service with, or revoke, some or all of the Member's SKIYAKI IDs. However, the Member shall not be precluded from the use of multiple SKIYAKI IDs within the scope permitted by the Company where multiple IDs are required for the Member's activities in the Service in order to distinguish the types of Products he/she offers or his/her pen names, etc. and it does not violate the provisions of these Terms of Use.
  5. 5. The Member who has a SKIYAKI ID may cancel his/her SKIYAKI ID and terminate his/her use of the Service at any time by completing the procedures prescribed by the Company. The Member acknowledges that, by cancelling his/her SKIYAKI ID or terminating his/her use of the Service, he/she waives all rights in relation to the use of and revenue from the Content acquired through the Service, etc. Please note that cancelling the SKIYAKI ID and terminating use of the Service will not void existing Product orders the Member has placed through the Service; the Member will still be obligated to pay the purchase price for Products he/she has ordered as a Member of the Service.

Article 3 (Creator Members)

  1. 1. By registering the Content in the Service and selecting materials specified by the Company such as T-shirts and photographs (hereinafter, the "Materials"), the Member can offer the Products which combine his/her Content with the Materials to other Members (the Members who offer Products through the Service are hereinafter referred to as "Creator Members"). Other Members can purchase the Products offered by Creator Members for a fee.
  2. 2. Creator Members can set the amount of revenue they wish to receive for each Product they offer. The sales price of a Product is the amount equivalent to the cost prescribed by the Company for the Material used plus the revenue set by the Creator Member.
  3. 3. Creator Members, when registering Content, must guarantee to the Company that they have the public transmission rights (incl. the right to make transmittable) as well as the authority to license reproduction rights in relation to the Content that you register and its digital data, and acknowledge that the Company may exercise these rights within the scope necessary for the provision of the Service.

Article 4 (Purchase of Products)

  1. 1. The Member may purchase the Products by paying the specified the sales price for each Product via the payment method prescribed by the Company.
  2. 2. When purchasing the Products, the Member will be required to pay the shipping charges specified by the Company for each Product in addition to the purchase price. Please note that individual shipping charges may apply for each Product type when purchasing multiple types of Products in the same order or shipment. Please confirm the shipping charges on the screen when completing purchase procedures.
  3. 3. A contract shall be established between the Member and the Company upon the Company's acceptance of the Member's Product purchase order. However, the Company reserves the right to revoke approval of Product purchase orders in the event of unavoidable circumstances such as when the Content used in the Product or the Creator Member who registered the Content used in the Product has violated these Terms of Use, etc. (In this case, the Member will be exempted from his/her obligation to pay the sales price for the Product that the Company revoked approval of the purchase order for). The Company assumes no liability in relation to any disadvantage the Member may suffer as a result of aforementioned Product purchase order revocation.
  4. 4. Products are made to order in response to the Product purchase orders by the Member. Please note that Product purchase orders cannot be cancelled for any reason.
  5. 5. The Company manufactures Products by printing Content registered by Creator Members directly onto Materials. The Company assumes no obligation to respond to any inquiries concerning the Content. Please note that the Member may specify the size and positioning of the Content to be printed onto Materials within the scope prescribed by the Company.
  6. 6. The Company only ships Products to the country or the region specified by the Company.
  7. 7. All risks relating to the loss of and damage to Products shall be borne by the Company, when said loss or damage has occurred prior to your receipt of the Product, and by the Member, when said loss or damage has occurred after the Member's receipt of the Product.
  8. 8. Notwithstanding the provisions of the preceding paragraph, Creator Members shall assume liability for Product defects (including but not limited to physical defects) attributable to the Content they have registered. If the Member has become involved in a dispute with another Member in connection with his/her use of the Service, he/she shall resolve said dispute on his/her own responsibility; the Company assumes no responsibility to become involved.
  9. 9. Even when the Member has purchased a Product from the Service, the copyright right and related rights and other intellectual property rights held by the Creator Member in relation to the Content used in that Product shall remain attributable to that Creator Member.

Article 5 (Revenue Sharing)

  1. 1. When the Member has made a Product purchase order and paid the sales price to the Company, the Creator Member offering said Product may receive the amount of revenue set within the scope determined by the Company separately from these Terms of Use at the time they registered the Content used in said Product.
  2. 2. The Company will remit the revenue accumulated by a Creator Member to that Creator Member's nominated bank account at the request of said Creator Member. However, the Company may establish a minimum amount of payment, payment request deadline and transfer fee, etc. In the event the Company has established a transfer fee, the Company will subtract the transfer fee from the amount of payment requested by the Creator Member and remit the balance to the Creator Member's nominated bank account.
  3. 3. The transfer fee will be deducted from the revenue accumulated by a Creator Member even when a payment has not successfully been remitted to a Creator Member as a consequence of circumstances attributable to the Creator Members such as erroneous bank account number registration, etc. The Company assumes no liability to Creator Members in the event a third party has erroneously received a payment intended for a Creator Member as a consequence of erroneous bank account number registration.
  4. 4. If the Company deems that Creator Member does not have legitimate rights such as copyright and related rights, etc. in relation to the Content registered by said Creator Member and offered through the Service, or to have otherwise violated these Terms of Use in connection with the registration of the Content, the Company may suspend or cancel the provision of Products using said Content as well as the payment of revenue in relation to said Content. The Company also reserves the right to take similar measures with respect to all Products using the Content registered by a Creator Member whose use of the Service has been suspended or terminated as a result of violation of these Terms of Use, etc., or whose SKIYAKI ID has been suspended or cancelled as a result of violation of the SKIYAKI ID terms of use.
  5. 5. Creator Members acknowledge that, by cancelling their SKIYAKI ID or terminating their use of the Service, they waive all rights in relation to unpaid revenue from Content acquired through the Service, etc. Creator Members seeking payment of revenue are asked to first make a payment request and confirm the receipt of said payment before cancelling their SKIYAKI ID or terminating their use of the Service.
  6. 6. Creator Members will not receive the revenue with respect to Products using the Content for which the amount of revenue the Creator Members wish to receive has been registered as 0 yen by the Creator Members.

Article 6 (Prohibitions)

  1. The Member must not engage in any of the following acts in his/her use of the Service. The Company may take measures such as deleting the Member's registered Content as well as Products using said Content, cancelling the Member's purchase orders, suspending or terminating the Member's use of the Service in whole or in part, depriving of the Member's rights to receive the revenue obtained through the Service and cancelling the Member's SKIYAKI ID, etc. if the Company deems the Member to have engaged in any of these acts
    1. (1) Acts in violation of these Terms of Use or the terms of use of other services offered by the Company, or the unauthorized use of the Service or other services offered by the Company
    2. (2) Acts that violate any laws or regulations (regardless of the name by which such social rules may be called), acts that violate public order and morality, acts that are apprehended to violate these social rules, or acts that solicit or invite violation of these social rules
    3. (3) The act of registering Content for which a third party holds copyright and related rights without permission or otherwise infringing upon third party rights (including but not limited to privacy rights and copyright rights)
    4. (4) The act of collecting and storing the personal information of third parties, or publically disclosing the Member's own personal information or the personal information of a third party (except in the case disclosure is required in order to receive benefits)
    5. (5) The act of defaming, threatening, or otherwise causing anxiety to a third party
    6. (6) Acts that cause uncomfortable feelings to the third party including, but not limited to indecent expression, discriminatory expression, violent expression, grotesque expression, or other impertinent expressions
    7. (7) Acts that incite or that may lead to discrimination and hatred based on race, ethnicity, gender, religion or other attributes
    8. (8) Sales activities (including but not limited to solicitation) unrelated to Products using the Member's registered Content, pre-election campaigning and other political activities, and religious activities such as missionary work
    9. (9) Acts that solicit participation in the same activities from the third party including, but not limited to sending e-mails
    10. (10) The act of impersonating the Company, a Group company, an outsourcer, another Member, a subcontractor or any other third party
    11. (11) The act of imposing an unreasonable burden on the server hosting the Service or interfering with other Members' use of the Service
    12. (12) The act of transmitting information containing computer viruses or other harmful computer programs
    13. (13) The act of unauthorized use or tampering with data related to the Service
    14. (14) The act of submitting false or misleading declarations and notifications to the Company
    15. (15) The act of using the account of another Member to access the Service, with or without that Member's consent
    16. (16) The act of defaming the products and services, etc. offered by the Company and third parties
    17. (17) When the Member who has a SKIYAKI ID has, for whatever reason, become unable to use his/her SKIYAKI ID
    18. (18) The act of using information and copyrighted works, etc. provided through the Service for purposes other than the Member's own personal use beyond the scope permitted by these Terms of Use, or making said information and copyrighted works, etc. viewable or accessible to the general public online or offline.
    19. (19) The act of unduly acquiring data related to the Service or disclosing said data to a third party
    20. (20) The act of delaying payment of the purchase price for Products or any other monetary obligations, or failing to pay the sales price for Products or to pay any other monetary obligations
    21. (21) The act of offering through the Service Products identical or analogous to Products that are already offered through the Service
    22. (22) Other acts that the Company deems inappropriate in view of the spirit of the Service

Article 7 (Suspension and Cancellation of Use of the Service)

  1. 1. In the event the Company has suspended the Member's use of the Service or cancelled the Member's SKIYAKI ID pursuant to these Terms of Use, all Content the Member has registered in the Service will be deleted and the Member shall be considered as having waived all rights in relation to said Content including the rights to receive various services and revenue, etc.
  2. 2. The Company may interrupt, suspend or terminate the Service in whole or in part when the Company deems so necessary in order to perform system maintenance or in the event of unavoidable circumstances such as natural disaster.
  3. 3. The Company assumes no liability in relation to any damages suffered by Members or third parties in connection with the delay, change to, interruption, suspension, cancellation, termination and abolition, etc. of the provision of the Service including as a result of the circumstances set forth in the preceding two paragraphs.

Article 8 (Guarantee)

  1. The Company does not in any way guarantee that the Service is compatible with the Member's specific purposes, that Products meet the Member's expectations for functionality, commercial value, accuracy and utility, that the Member's use of the Service is compliant with laws, regulations and industry association standards, etc., and that the content of the Service is free from defects.

Article 9 (Member’s Information)

  1. 1. The Company will use the personal information the Member has provided in the Member's use of the Service for the following purposes. The Company shall not use the Member's personal Information beyond the scope of these purposes except when the Company obtains the Member's approval. Additionally, the Company is also entitled to disclose the Member's personal Information pursuant to the Personal Information Protection Act or other applicable laws and regulations
    1. (1) To provide the Service (to send ordered Products to Members and distribute revenue to Creator Members, etc.), and to respond to enquiries and conduct research, etc. in relation thereto
    2. (2) To introduce and provide information about the Company's products and services (by sending e-mail magazines, etc.), or request participation in questionnaires, etc. in relation thereto
    3. (3) To analyze the utilization of the Services, including, but not limited to user demographics.
  2. 2. The Company will not provide the Member's personal information to any third party except as stipulated in these Terms of Use or under the following circumstances
    1. (1) When required by the Personal Information Protection Act or other applicable laws and regulations
    2. (2) The Company receives a request for disclosure from a person or party that has legal authority
    3. (3) The Company recovers or protects the rights of the Company and the third party against imminent and unlawful infringement
    4. (4) The Company deems the need to disclose the personal information to a person or company entrusted with operations in the course of business of operating the Service
    5. (5) When providing information to the transferee in the event the Company has transferred business related to the Service to a third party via succession or another method
  3. 3. If a change in personal information occurs, the Member who has a SKIYAKI ID shall promptly update the Information the Member has registered with his/her SKIYAKI ID, in the manner prescribed by the Company. The Company assumes no liability in relation to the delayed or non-delivery of Products or any other disadvantage the Member has suffered as a result of neglecting to keep his/her registered information up to date.

Article 10 (Termination of the Service)

  1. 1. The Company may terminate the provision of the Service in whole or in part after notifying the Member in advance. In this case, the notification or announcement of the termination of the Service in whole or in part will be e-mailed to the Member's registered e-mail address or posted on the Service website, etc.
  2. 2. By providing notification or announcement prior to the termination of the Service pursuant to the provisions of the preceding paragraph, the Company is exempted from any liability and responsibility to the Member in connection with the termination of the Service except where otherwise stipulated by Laws and Regulations of Japan.

Article 11 (Liability)

  1. 1. The Company assumes no liability to the Member in relation to the outcomes of the Content registration, the offer of the Products and any other activities performed by Members using the Service.
  2. 2. If the Member has become involved in a dispute with another Member or a third party in connection with his/her use of the Service, he/she shall resolve said dispute on his/her own responsibility and at his/her own expense so as not to cause any damage to the Company.
  3. 3. The Company may demand compensation for damages in the event the Member has caused damage to the Company as a result of the Member's violation of these Terms of Use or by engaging in unauthorized or illegal activities.

Article 12 (Change to These Terms of Use)

  1. 1. The Company may revise the content of these Terms of Use when the Company deems so necessary for the smooth and proper management of the Service. The Member's use of the Service after the Company has announced or notified of revision to these Terms of Use shall be considered acceptance of the revised Terms of Use.
  2. 2. Notwithstanding the provisions of the preceding paragraph, the Company shall obtain the Member's approval with respect to any revision of the content concerning the Member’s information set forth in the provisions of Article 9 herein in accordance with the provisions of the Personal Information Protection Act or other applicable laws and regulations.
  3. 3. The Company assumes no liability for any damages or disadvantage the Member has suffered as a result of revision to these Terms of Use.

Article 13 (Governing Law)

  1. These Terms of Use shall be governed by and construed in accordance with the laws of Japan.

Article 14 (Court of Competent Jurisdiction)

  1. The Tokyo District Court or Tokyo Summary Court shall have the exclusive jurisdiction to hear any disputes arising between the Member and the Company in connection with the Service at the first instance.

Revision Date: December 16, 2015

Revised on March 25, 2016