These LINE Sticker Maker Terms and Conditions of Use (these "Terms and Conditions") set forth the terms and conditions for the use of the LINE Sticker Maker (the "Services") provided by LY Corporation ("LYC") to users of the Services (the "Creator" or "Creators depending upon the context) .
1. Definitions
The following words and terms shall have the meanings set forth below when they are used in these Terms and Conditions.
1.1 "Materials" means images, text, videos and any other materials used to produce Contents.
1.2 “Contents” means digital image contents, such as stickers, which (1) are available for the users of LINE Services on LINE Services, (2)can be sold, provided, or distributed on LINE Creators Market (“Creators Market”), a separate Services provided by LYC; and (3) are created by Creators using Materials and Programs within or through the Services.
1.3 “LINE Services” collectively means any and all internet communication services operated by LYC under the brand name "LINE" and its related services.
1.4 "Programs" means application software, computer programs, code, template materials, and any other materials and information provided by LYC to Creators under these Terms and Conditions.
1.5 "Separate Terms and Conditions" means terms and conditions separate from these Terms and Conditions that pertain to the Services released or uploaded by LYC under names such as "terms,” "guidelines,” "policies,” or the like .
2. Consent to these Terms and Conditions
2.1 Creators shall use the Services in accordance with the provisions of these Terms and Conditions. Creators may not use the Services unless they consent to these Terms and Conditions.
2.2 Creators who are minors may only use the Services by obtaining prior consent from their parents or legal guardians. Furthermore, if Creators will be using the Services on behalf of, or for the purposes of, a business enterprise, then such business enterprise must also consent to these Terms and Conditions prior to using the Services
2.3 In addition to these Terms and Conditions, the LY Corporation Common Terms of Use established by LYC shall apply to the use of the Services. Further, when Creators sell Contents, LINE Creators Market Terms and Conditions of Use shall apply. If any provisions of these Terms and Conditions are inconsistent with or are in conflict with those of LY Corporation Common Terms of Use or LINE Creators Market Terms and Conditions of Use, the provisions hereof take the highest priority followed by those of LINE Creators Market Terms and Conditions of Use and then the LY Corporation Common Terms of Use.
2.4 If there are Separate Terms and Conditions applicable to the Services, Creators shall also comply with the provisions of the Separate Terms and Conditions as well as these Terms and Conditions in using the Services.
3. Modification of these Terms and Conditions
LYC may revise these Terms and Conditions in any of the following cases. In the foregoing case, LYC will make public, by indicating on the Services or LYC’s website, or notifying Users according to a method prescribed by LYC, to the effect that these Terms and Conditions will be revised, as well as the subject matter and effective date of the revised version of these Terms and Conditions. In the case of Item (2) below, LYC will make the revision public a reasonable period before the effective date of the revision. The revised version of these Terms and Conditions shall come into effect from the effective date:
(1) when revision to these Terms and Conditions conforms to the general interests of Users; or
(2) when revision to these Terms and Conditions is not in breach of the purpose of any contract, and is rational in light of the necessity of such revision, appropriateness of the subject matter after revision, and other circumstances concerning the revision.
4．Account
4.1 When using the Services, Creators may need to set up an account by registering certain information. Creators must register true, accurate and complete information, and must revise the same to keep such information up-to-date at all times.
4.2 When registering authentication information in using the Services, a Creator must strictly manage such authentication information under its own responsibility so that it will not be abused. If an operation is performed using the Creator’s authentication information that was registered (including without limitation cases where the Creator is authentication based on a combination of account and password, or based on a comparison of the code uniquely assigned for each mobile phone number sent from a mobile operator and the registered information), LYC will provide the Services by deeming that such operation is an act by the actual Creator.
4.3 Any Creator who has registered for the Services may delete such Creator’s account and cancel the Services at any time.
4.4 LYC may reject the registration for Creator’s account, suspend or delete a Creator's account, suspend the use of all or part of the Services, and/or terminate the agreement entered into between the Creator and LYC regarding the Services (including, without limitation, any agreement based on these Terms and Conditions, hereinafter the same) or take any other measure LYC reasonably determines to be necessary and appropriate without prior notice to such Creator, in the case that such Creator (in the case where the Creator is a business enterprise, its representatives, officers, employees, persons who substantially have the power to direct its management, agents or brokers) falls under or there is a possibility that such Creator falls under any of the following items:
(1) A Creator is a terrorist organization, criminal organization or any other organization similar or analogous thereto, or a person or organization that makes a demand accompanied by the use or threat of force or arms, or that engages in any illegal or unjust acts similar or analogous thereto (hereinafter referred to as “Organized Crime Group”), a member of or a quasi-member of an Organized Crime Group, related or associated with an Organized Crime Group, or a person or company that has a close relationship or association (including, but not limited to, the provision of funds or any other benefits) with any of the foregoing (hereinafter collectively referred to as “Anti-Social Forces”);
(2) A Creator tarnishes LYC’s credibility by spreading false information, using fraudulent means or force, or other unlawful means;
(3) A Creator is in breach of applicable laws and regulations, these Terms and Conditions, or any Separate Terms and Conditions;
(4) A Creator is subject to a petition for attachment, provisional attachment, or auction, ; procedures such as bankruptcy, civil rehabilitation, corporate reorganization, special liquidation proceedings or similar procedures are commenced; or LYC otherwise reasonably determines that there is uncertainty with respect to Creator’s credibility;
(5) A Creator has not used the Services for a certain period of time, or has been reasonably determined by LYC to make no use of the Services in the future; or
(6) The relationship of trust with a Creator is lost or LYC otherwise reasonably determines that it would not be appropriate for LYC to provide the Services to Creator, due to reasons other than as set forth in items (1) to (5) above.
4.5 Any and all rights of Creator to use the Services shall cease to exist when such Creator’s account has been deleted for any reason. Please take note that an account cannot be retrieved even if a Creator accidentally deleted the account.
4.6 Each account in the Services is for exclusive use and belongs solely to the Creator of such account. Unless otherwise set forth herein, Creators may not transfer, or lease or otherwise dispose their rights with respect to the Services to any third party, nor may the rights belonging solely to the Creators be inherited or succeeded to by any third party.
5. Privacy
5.1 LYC places top priority on the privacy of Creators.
5.2 LYC uses the personal information obtained from Creators through the Services only for identification, promotion of smooth use of the Services, improvement of the Services, creation of statistical data, and administrative work necessary for the Services. LYC will appropriately handle the personal information obtained from Creators through the Services in accordance with the LY Corporation Privacy Policy.
5.3 LYC promises to exercise the utmost care and attention to its security measures to ensure the safe management of any and all information collected from Creators.
6. Provision of the Services
6.1 LYC grants the Creators the rights to use the Services in accordance with these Terms and Conditions and any other conditions of use posted within the Services.
6.2 Creators shall supply PCs, mobile phone devices, smartphones and other communication devices, operating systems, communication methods and electricity, etc. necessary for using the Services at their own responsibility and expense.
6.3 LYC reserves the right to limit access to all or part of the Services by Creators depending upon conditions that LYC considers necessary, such as the age and identification of Creator, current registration status and the like.
6.4 LYC may modify all or a part of the contents of the Services when corresponding to any of the following items:
(1) when modification to the contents of the Services, such as addition of functions to or improvement of the Services, conforms to the general interests of Creators; or
(2) in cases other than the preceding item, there is rationality in light of the necessity to modify the contents of the Services, appropriateness of the contents after modification, and other circumstances concerning the modification.
6.5 LYC may cease providing all or part of the Services without any prior notice to Creators in case of the occurrence of any of the following:
(1) When conducting maintenance or repair of systems;
(2) When the Services cannot be provided due to force majeure such as an accident (fire, power outage, etc.), act of God, war, riot, labor dispute;
(3) When there is system failure or heavy load on the system;
(4) When securing the safety of Creators or third parties, or in the case of an emergency for the public welfare; or
(5) When LYC reasonably determines it to be necessary, other than those set forth in items (1) through (4).
7. Third-Party Services
The Services may contain contents or services provided by third parties other than LYC. Such third parties shall bear any and all responsibility regarding such contents and/or services. Furthermore, there may be terms or use or other terms and conditions provided by such third party which are applicable to such contents and services.
8. Production and Sales of Contents
8.1 Creators may create Contents using Materials and Programs within or through the Services. For clarification, Creators must separately register to Creators Market for such Creators’ sales, providing, or distribution of the Contents on LINE Services.
8.2 Creators must accept and comply with LINE Creators Market Terms and Conditions of Use in addition to these Terms and Conditions when Creators sell Contents on LINE Creators Market.
8.3 In the event the Creator uses the Services and creates and sells the Contents, revenue sharing to the Creator from LYC shall be as follows. In addition, in the event no revenue is shared to the Creators as follows, Clause “9. Revenue Sharing” and Clause 10.3 of Clause “10. LINE Stickers Premium” in LINE Creators Market Terms and Conditions of Use shall not be made.
(a) In the event the Creator apply for sales of the Contents by June 25, 2019, the Creator may receive revenue sharing in accordance with the provisions of LINE Creators Market Terms and Conditions of Use.
(b) In the event the Creator apply for sales of the Contents from June 26, 2019 to November 23, 2020, the Creator may not receive any revenue sharing.
(c) If the Creator creates the Contents and applies for sales on or after the date of November 24, 2020 using the latest version of the Programs, the Creator can select one of the following conditions (i) or (ii). The conditions selected at the time of application for sales cannot be changed, and the provisions of LINE Creators Market Terms and Conditions of Use shall apply to the terms of revenue sharing.
(i) No revenue will be shared to the Creator and any Content created by the Creator will be downloaded for no charge; or
(ii) Revenue will be shared to the Creator, and any Content created by the Creator will be downloaded for a charge.
8.4 The Contents set forth in 8.3 above shall be limited to the Contents created and sold by using the Service, and if the contents is separately created and sold through Creators Market in the same manner as the Contents, revenue sharing with respect to such contents shall be made pursuant to LINE Creators Market Terms and Conditions of Use.
9. Restricted Matters
LYC prohibits Creators from engaging in any of the following acts when using the Services.
9.1 Acts that violate the laws and regulations, court verdicts, resolutions or orders, or administrative measures that are legally binding;
9.2 Acts that may be in violation of public order, morals or customs;
9.3 Acts that infringe intellectual property rights, such as copyrights, trademarks and patent rights, rights to fame, privacy, and all other rights granted by law or by a contract with LYC and/or a third party;
9.4 Acts of using excessively violent or explicit sexual expressions; expressions that amount to child pornography or child abuse; expressions that lead to discrimination by race, national origin, creed, gender, social status, family origin, etc.; expressions that induce or encourage suicide, self-injurious behavior or drug abuse; or expressions that include anti-social content and lead to the discomfort of others;
9.5 Acts that lead to the misrepresentation of LYC and/or a third party or that intentionally spread false information;
9.6 Acts of exchanging the right to use the Services or Contents into cash, property or other economic benefits, other than by using the method prescribed by LYC;
9.7 Acts of using the Services for sales, marketing, advertising, solicitation or other commercial purposes (except for those approved by LYC); using the Services for the purpose of sexual conduct or obscene acts; using the Services for the purpose of meeting or engaging in sexual encounters with an unknown third party; using the Services for the purpose of harassment or libelous attacks against third parties; or otherwise using the Services for purposes other than as intended by the Services;
9.8 Acts that benefit or involve collaboration with Anti-Social Forces;
9.9 Acts that are related to religious activities or invitations to religious groups;
9.10 Acts of unauthorized or improper collection, disclosure, or provision of any other person’s personal information, registered information, user history, or the like;
9.11 Acts of interfering with the servers and/or network systems of the Services; fraudulently manipulating the Services by means of bots, cheat tools, or other technical measures; deliberately using defects of the Services; making unreasonable inquires and/or undue claims such as repeatedly asking the same questions beyond what is necessary, and other acts of interfering with or hindering LYC's operation of the Services or other Creators' use of the Services.
9.12 Acts of attempting to illegally or improperly manipulate ranking of the Contents, within and outside the Services;
9.13 Acts of decoding the source code of the Services, such as by way of reverse engineering, disassembling or the like, for unreasonable purposes or in an unfair manner;
9.14 Acts that aid or encourage any acts described in Clauses 9.1 to 9.13 above; and
9.14 Acts other than those set forth in Clauses 9.1 to 9.14 that LYC reasonably deems to be inappropriate.
10. Responsibilities of Creators
10.1 Creators shall use the Services at their own risk, and shall bear any and all responsibilities for actions carried out under and results from the use of the Services, including, but not limited to, corresponding to any third party claims, demands, and/or lawsuits or the like at their own expense and responsibility. Creators must save and back-up the Contents created by themselves at their own responsibility. For the purpose of clarification, LYC does not expressly or impliedly guarantee that the Contents created by the Creator shall be saved properly within or onto Creators’ smartphones, tablet terminal, or any other terminals used by the Creator to use the Services.
10.2 In the case where LYC suffers loss/damages either directly or indirectly (including, without limitation, attorney fees) due to a Creator’s use of the Services (including, without limitation, cases where LYC receives a complaint from a third party due to such use), the Creator shall immediately compensate LYC for such loss/damage in accordance with LYC’s request.
11. NO WARRANTY
LYC SHALL PROVIDE NO WARRANTY, EITHER EXPRESSLY OR IMPLIEDLY, WITH RESPECT TO THE SERVICES (INCLUDING THE PROGRAM), THAT THERE ARE NO DEFECTS (INCLUDING, WITHOUT LIMITATION, FAULTS WITH RESPECT TO SECURITY, ETC., ERRORS OR BUGS, OR VIOLATIONS OF RIGHTS) OR AS TO THE SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, EFFECTIVENESS AND FITNESS FOR A PARTICULAR PURPOSE. LYC WILL IN NO WAY BE RESPONSIBLE FOR PROVIDING CREATORS WITH THE SERVICES AFTER DELETING SUCH DEFECTS.
12. LYC'S LIMITATION OF LIABILITY
12.1 LYC WILL NOT BE LIABLE FOR ANY DAMAGE INCURRED BY CREATORS FROM THE USE OF THE SERVICES, UNLESS SUCH DAMAGE IS ATTRIBUTABLE TO THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF LYC; PROVIDED, HOWEVER, THAT, IN THE CASE THAT THE AGREEMENT BETWEEN THE CREATOR AND LYC WITH RESPECT TO THE USE OF THE SERVICES FALLS UNDER A CONSUMER CONTRACT AS DEFINED UNDER THE CONSUMER CONTRACT ACT OF JAPAN (“CONSUMER CONTRACT”), LYC WILL BE LIABLE TO PROVIDE COMPENSATION FOR DAMAGE ARISING DUE TO NEGLIGENCE ON THE PART OF LYC (EXCLUDING GROSS NEGLIGENCE) ARISING FROM CONTRACT OR TORT ONLY WITHIN THE RANGE OF (A) THE DAMAGE WHICH IS NORMALLY INCURRED (I.E., EXCLUSIVE OF LOST PROFITS AND OTHER DAMAGES ARISING UNDER SPECIAL CIRCUMSTANCES), AND (B) THE AMOUNT OF LYC’S REVENUE SHARE, IF ANY, RECEIVED THROUGH THE DISTRIBUTION OF THE CONTENTS IN THE PARTICULAR CALENDAR MONTH IN WHICH SUCH DAMAGES OCCURRED, AT MAXIMUM.
12.2 IF A CREATOR INCURS DAMAGE AS A RESULT OF GROSS NEGLIGENCE ON THE PART OF LYC, LYC WILL BE RESPONSIBLE TO PROVIDE COMPENSATION FOR THE DAMAGE INCURRED BUT ONLY WITHIN THE RANGE OF (A) THE DAMAGE WHICH IS NORMALLY INCURRED (I.E., EXCLUSIVE OF LOST PROFITS AND OTHER DAMAGES ARISING UNDER SPECIAL CIRCUMSTANCES), AND (B) THE AMOUNT OF LYC’S REVENUE SHARE, IF ANY, RECEIVED THROUGH THE DISTRIBUTION OF THE CONTENTS IN THE PARTICULAR CALENDAR MONTH IN WHICH SUCH DAMAGES OCCURRED, AT MAXIMUM; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT APPLY IF THE AGREEMENT BETWEEN SUCH CREATOR AND LYC FALLS UNDER THE DEFINITION OF A CONSUMER CONTRACT.
13. Confidentiality
A Creator shall maintain the confidentiality of the LYC’s Confidential Information (meaning any and all information related to customers, products, services, business projects, technologies, know-how, ideas, concepts, etc. of the LYC that the LYC has expressly indicated as being confidential upon disclosure of the same, regardless of how such information has been disclosed; the same shall apply hereinafter). Except where Confidential Information is required to be disclosed in accordance with relevant laws and/or regulations, the Creator shall not disclose or divulge the LYC’s Confidential Information to any third party without the LYC’s prior written consent.
14. Relationship between these Terms and Conditions and Laws and Regulations
If the terms of these Terms and Conditions violate any laws and regulations applicable to an agreement between Creators and LYC with respect to the Services (including, without limitation, the Consumer Contract Act of Japan), such terms, to the extent of such violation, shall not apply to the agreement with the Creators; provided, however, that the remaining terms of these Terms and Conditions shall not be affected.
15. Notification and Contact
15.1. For notifications from LYC to Creators regarding the Services, LYC will use a method that LYC considers appropriate, such as posting in an appropriate place within the Services or on LYC’s website.
15.2. For notifications from Creators to LYC regarding the Services, Creators shall use the customer inquiry form available on the Services or on LYC’s website, or through other means designated by LYC.
16. Language, Time, Governing Law and Jurisdiction
Where LYC has provided Creators with a translation of the Japanese language version of these Terms and Conditions (the "Japanese Version"), the Japanese Version will govern the relationship between Creators and LYC. In the event of any conflict between the Japanese Version and a translation thereof, the provisions in the Japanese Version shall take precedence over any other translation. These Terms and Conditions will be governed by the laws of Japan. Any conflicts between Creators and LYC that arise from or in connection with the Services shall be resolved under the exclusive jurisdiction of the Tokyo District Court as the court of first instance. Unless otherwise set forth in the Services, the time and date used in the Services shall mean the time and date of Tokyo.
End
Date of last update: January 16, 2024