Terms of service
Article 1: Definition
This agreement (hereinafter referred to as "this Agreement") sets forth the terms and conditions applicable to users (hereinafter referred to as "Users") of "YamaokaSuno SHP" insert address/URL (hereinafter referred to as "the Site").
Article 2: Formation of Agreement
Upon the User's purchase of products or downloads from the Site, it is deemed that the User has accepted this Agreement.
Article 3: Eligibility for Use of Materials on the Site
All materials on the Site are for the exclusive use of the purchasing User. Transfer, resale, or any use by third parties other than the User is strictly prohibited.
Article 4: Disclaimer
The Site shall not be held responsible for any loss, damage, or disputes arising from the use of materials posted on the Site.
In cases of natural disasters such as fire, floods, earthquakes, or unforeseen events such as wars, civil unrest, power outages, or any other force majeure, or if the continued provision of the service is deemed difficult due to maintenance, excessive access, etc., the Site reserves the right to suspend or terminate the Site without notice to the User.
Article 5: Ownership of Rights and Copyrights
All rights to the materials posted on the Site belong to YamaokaSuno and the creators affiliated with YamaokaSuno, excluding certain products with transferred copyrights for a fee. The transfer of rights to purchasers is generally not conducted.
For materials on sale, including Live2D models, where transfer of copyright or non-exercise of moral rights is desired, an agreement on copyright transfer must be reached through consultation with the Site administrator.
Article 6: License for Downloaded Content
By downloading content from the Site, the User is granted a license to use the purchased material in accordance with this Agreement. The User may use it for personal or commercial purposes, subject to compliance with this Agreement.
Article 7: Prohibited Activities
The following uses are prohibited on the Site:
- Distribution, resale, or lending of materials as the main content.
- Distribution or sale of materials as products.
- Use and actions contrary to public order and morals.
- Use and actions that may be deemed criminal or antisocial.
- Other acts that the Site deems overwhelmingly inappropriate.
- Excessive modification and use of posted materials.
Article 8: Measures Against Violations
Measures against Users engaged in violations are as follows:
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In case of User violations of the prohibitions in Article 7 or if the Site deems other measures against violation necessary, the Site will block the User. Blocked Users lose all rights to use Site-provided materials, including purchased items.
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Users shall not raise objections to the Site's actions.
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In cases where the violation is deemed malicious, the Site may claim a violation fee of 50,000 yen per material against the User. This fee is for measures against violations and not related to copyright transfers. Additional costs for copyright transfers are applicable if necessary.
Article 9: Cancellation
Cancellation and refunds are generally not provided, except as outlined below:
- No cancellations or refunds are accepted unless there is a clear defect in the product or a delivery delay of more than one month from the expected delivery date.
- If a cancellation is requested by the purchaser without meeting the conditions above, the ordered item is treated as completed, and future requests are declined.
- In case of defects in downloaded content, the Site will promptly provide the purchaser with flawless data.
Article 10: Requests to Affiliated Creators
The terms applicable to users (hereinafter referred to as "requester") placing custom orders with affiliated creators contracted with the shop (hereinafter referred to as "affiliated creator") are outlined as follows:
Article 11: Handling After Delivery of Requested Data
The terms applicable to users (hereinafter referred to as "requester") placing custom orders with affiliated creators contracted with the shop (hereinafter referred to as "affiliated creator") are outlined as follows:
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The requester must make payments for Live2D requests and other orders to the affiliated creator through bank transfer or payment on the shop's or booth's site.
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Regarding the details of the request from the requester to the affiliated creator, YamaokaSuno will not intervene or take any responsibility for management.
- YamaokaSuno introduces the affiliated creator based on the requester's preferences.After the introduction, there are no restrictions on personal communication between the requester and the affiliated creator. Communication between individuals is allowed for any additional requests.
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Due to significant differences in the quality, texture, and feel of the final product depending on the affiliated creator, the requester is required to take personal responsibility and designate the creator responsible for the task when making a request.
(1) The requester must personally investigate and take responsibility for the quality, texture, etc., of the affiliated creator designated in advance using various methods.
(2) If designated, changes in designation cannot be made during the production process.
(3) If there are quality issues with the completed work, the requester must personally communicate this to the designated affiliated creator.
(4) Refund-related regulations follow the provisions of Article 9, "Cancellation," in this agreement.
(5) However, in the event of cancellation and refund due to circumstances on the part of the designated affiliated creator, the affiliated creator in charge will handle the refund after consultation with the requester. The refund amount and other details will be determined through consultation between the affiliated creator and the user.
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If the requester does not specify a creator when making a request, the responsible creator deemed suitable for the project will be selected. The affiliated creator who undertakes the project assumes responsibility for quality management, and the designated affiliated creator will create the requested work with sincerity and deliver the final product to the requester.
(1) If the requester did not specify a creator and the affiliated creator for the requester is confirmed, the requester can express a desire to change the designated affiliated creator to YamaokaSuno before the creation of the rough draft.
(2) If YamaokaSuno receives a notification from the requester requesting a change in the designated affiliated creator, prompt action will be taken to change the affiliated creator.
(3) However, the change of the assigned personnel mentioned in the preceding clause is limited to illustrators.
Article 12: Jurisdiction
In case of disputes related to this Agreement, the Sapporo District Court shall be the exclusive agreement jurisdictional court for the first instance.
Article 13: Revision of this Agreement
The Site has the discretion to revise this Agreement. Any revisions become effective immediately upon being posted on the Shop, with a notice of the revision.