FANCONECT CREATOR TERMS OF USE

1. Definitions

The meanings of the terms used in this Agreement shall be as set forth below:

1. 1. "Site" refers to the place (www.fanconect.com) where you can receive the services of the "Fanconect" website operated by the Company.
2. 2. "Service" refers to all services provided by this Site.
3. 3. "User," "Member" or "You" refers to any person (including groups and organizations) who has registered with the Site and is using the Service.
4. 4. "Creator" refers to an independent content provider (ICP) who, as a User, establishes and operates a specific Fan Club on the Site. There are two types of Creators: "Individual Creators" who do not belong to a Production and participate directly with Fanconect, and "Production Creators" who belong to a Production and participate with Fanconect. Production Creators cannot be registered with more than one Production.
5. 5. "Good Creator" means a Creator who has not violated any of the rules, regulations, contracts and obligations set forth in this Agreement and any other agreement or contract between the Company and the Creator.
6. 6. "Fan Club" refers to a community established and operated by the Creator to provide Content and communication to its Subscribers. The provision of Content is not limited to Subscribers of the Fan Club, but can also be targeted at general users.
7. 7. "Subscriber" are Users (Fan Club Members) who have joined the Fan Club established by the "Creator," and are also referred to as "Fans".
8. 8. "Membership" refers to the status of holding Member's credentials (Member Account). There is no charge for creating an account. Neither Membership nor Member Account can be transferred to another person or entity.
9. 9. "Production" refers to the individual or organization that manages the Creator. It receives the remuneration generated by the activities of Production Creators directly from the Company, manages the Production Creators who belong to it, distributes the remuneration, and communicates with the Company on its behalf.
10. 10. "Commission" refers to the payment, including but not limited to Fcoins and money, that the Company pays to the individual Creator or the production to which the Production Creator belongs based on the Terms, out of the Subscription Fee, purchase price of paid contents and Tips paid by the User to the Creator.
11. 11. "Subscription Fee" refers to the subscription-based fee paid by Members of a Fan Club as a membership fee to the Fan Club they are a Member of. The amount is set by the Creator (and can be free of charge) and can be changed during the course of the Membership, but the initial amount will continue as long as the Member maintains the Membership. Members pay the subscription fee by automatic debit from their purchased Fcoins, but if there are insufficient Fcoins at the time of recurring, the same amount as the subscription fee will be debited from their credit card.
12. 12. "Tips" are Fcoins that a User sends to a Creator for free in order to support the Creator. It is not necessary for the User to be a Member of the Fan Club of the Creator in question.
13. 13. "Fcoins" refers to tokens used in place of coins that are purchased by Users through prepaid payment methods or granted by the Company and used to pay for, including but not limited, Subscription Fees, Tips, and paid Content.
14. 14. "Content" is the collective term for information, communications, software, photographs, videos, images, music, sound, and other materials and services, including content provided by Fanconect ("Our Content") or content licensed from creators or other members ("Licensed Content"). Original works (illustrations, images, videos, text, etc.) that a Creator has provided to the Company through or for the Program, or otherwise provided to the Company during the period of participation in the Service, and that the Creator can post within the Fan Club, and for which the Creator has the rights, are referred to as "Creator Contents."
15. 15. "Secondary works" refers to all modifications, reproduction, copying, duplication and editing of any or all of the Creator's Content, promotional works and works derived therefrom. The foregoing includes any and all additions, changes, enhancements, deletions, perversions, duplications, reconstructions, digital corrections, morphing, warping, or other combinations of any kind by any device or method, whether intentionally created or not, in whole or in part, of any derivative work of such Content or Promotional Work.
16. 16. "Online Services" means any and all services provided to Mem from the Site, which may be modified, suspended or terminated at any time for any reason at the sole discretion of the Company.
17. 17. "Gross Realized Gain" is defined as the amount of sales equivalent to subscription fees, content purchase fees, tips, etc. paid by Users for online services and content provided by Ccreators, minus all amounts equivalent to chargebacks to Fans, unauthorized use of Fcoin cards, bad debt write-offs, refunds, returned Fcoins, and returned merchandise.
18. 18. "Promotional Material" refers to the content provided by the Creator to the Company for the purpose of storing on the Company's server and posting on the Creator's promotional page on the Site. The aforementioned content may include photographs, video works, promotional written works, trailers and biographies of the Creator.
19. 19. "Promotion Page" means the part of the Site provided by the Company for the purpose of introducing, promoting and selling the Creator's Contents.
20. 20. "Relevant Materials" means all materials that are required to be submitted by the Creator in connection with the Content provided by the Creator to the Company, the Site or any other person.
21. 21. "Site Affiliate" means any person or entity affiliated with the Site, including, but not limited to, participants in the Company's affiliate marketing program, advertisers on the Site, agents providing traffic to the Site, and providers of Upsell products and services.

2. Fan Club

1. A. Opening a Fan Club: Anyone can open a Fan Club, but in order to receive remuneration, you need to register your bank account information (This is not required if all Content is provided free of charge and you do not wish to receive any Tips. Tips received before registering your bank account information will be available once your bank account information is verified). For bank account information, you may be asked to submit your ID to verify your identity. The Fan Club may be open to any individual, group, organization, or gender who is a real person or a virtual representation of a real person, who is either yourself or an original character that you own the rights to. No animals, non-living things, or fictional creations are allowed. This does not apply to Content, which is subject to separate regulations. To open a Fan Club, at least one (1) image and a text introducing the Fan Club are required.
2. B. Possible actions: (1) launch and operate a subscription-based Fan Club, (2) post and sell images and videos, (3) exchange direct messages, (4) receive tips, and (5) receive remuneration generated by participation in Fanconect.
3. C. Subscription Fee: Creators may set a subscription fee amount for their Fans within the range set by the Company. This amount can be changed during the course of the subscription, but only the amount before the change will be collected from Fans who have already subscribed before the change.
4. D. Creator Sales Revenue: Revenue generated from Creator's participation in the Program will be generated through the purchase and use by Users of Fcoins paid for access to Creator Content and other online services through the Site. Fcoins are subject to a set price. Any changes in the price of Fcoins will be posted on the Site.
5. E. Prohibition of self-membership: Creators are not allowed to become members of the Fan Club they have established. Creators may not pose as others to become members of Fan Clubs they have established.
6. F. Content: Creators may post or distribute illustrations, images, videos, timelines (text) and other works (hereinafter "Content") within the Fan Club. However, the Content that can be posted or distributed must be: (1) original content that the Creator has the right to or has obtained legitimate permission from the right holder; (2) the Creator's own images, videos, or episodes that have been processed; (3) characters and related items created by the Creator, regardless of whether they exist or not; (4) processed video, images, or music that the Creator created or has the rights to, and (5) high quality and artistic illustrations, images, or video.
7. G. Creators shall grant the Company free of charge permission to publicly transmit a part of the data of the Content posted or distributed in their own Fan Club as a sample.
8. H. Inappropriate Content: In addition to the above conditions for posting Content, Creators may not post or distribute content that: (1) contains content that is offensive to public order and morals; (2) for which the Creator does not have the rights or permission to use; (3) may offend others; (4) contains anti-social content that is not acceptable in light of common sense; (5) is intended to seek or induce encounters.; (6) contains the personal information of the Creator himself/herself or others, (7) that contains crimes, violence, or expressions that evoke it, (8) any other content that Fanconect deems inappropriate. You agree that any Content deemed inappropriate by Fanconect may be removed from the Site at Fanconect's discretion. You also agree that, depending on the inappropriateness degree of the Content, the Company may, at its discretion, temporarily or permanently suspend part or all of the Services provided to the Creator, or terminate the Creator's eligibility to participate in the Services.
9. I. Active: Active means that you have posted to the timeline at least five times in a month from the first to the last day of each month (excluding the first month of registration). In order to get new Members with paid subscriptions, you need to be continuously active. If the active status is suspended, we may stop charging subscription fees to subscribers at its discretion. Please note that the operating conditions may be subject to change.
10. J. Infringement of rights: In the event of a dispute arising from a Creator's infringement of another's rights with respect to the use of the Service, the Creator agrees to resolve the dispute at his/her own responsibility and expense, and to avoid any liability and disadvantage to the Company.
11. K. Provision of equipment, etc. for Content creation: Creators shall be solely responsible for the purchase and maintenance of all equipment, such as personal computers, smart phones, and broadband Internet connections, necessary to access and use the Company's online communication services, as well as for all costs associated with the creation of Content, including payments to individuals and organizations that appear in or provide services for their Content. Creators agree to indemnify and hold the Company harmless from and against any and all claims related to the payment of your Content production costs.
12. L. Oversight of Performance: Creators shall be solely responsible for all performances, including the production and distribution of their own Content, as well as including video and audio, and communication with Members. However, the Creator agrees that this does not limit the Company's authority to review and investigate the Content production and the Creator's actions to determine whether they are appropriate.
13. M. Production Decisions and Regulations: The Creator shall be solely responsible for determining the date, time, location and method of providing Content containing audio-visual material, as well as the content of the Content containing audio-visual material. In addition, Creators shall produce Content containing audio-visual material at their own expense and artistic discretion for their own benefit. However, this shall be subject to the restrictions on the use of the Company's online communication services prohibited by this Agreement.
14. N. Disputes between Creators and Users: Creators shall resolve any disputes with Users regarding their own Content between themselves and Users.
15. O. Disputes between Productions and Production Creators: Production Creators shall resolve all disputes with Productions, including but not limited to those related to payment and communication management, between themselves and Productions, and agree that the Company shall have no responsibility or obligation for such disputes. Production Creator agrees to assume no responsibility or obligation for these disputes.
16. P. Intentional Independent Contractor Status: Creator acknowledges and agrees that it is the intent of both parties that he or she produce Content for the Company as an independent contractor. To the fullest extent permitted by law, the parties do not intend to enter into any employment relationship in any form whatsoever. The Creator agrees not to assert that he/she was an employee of the Company or any person or entity directed or supervised by the Company during his/her participation in the Service, and not to bring any dispute or claim against the Company or assist any person or entity in bringing any claim against the Company. Creators shall be solely responsible for paying all taxes imposed on any money obtained directly or indirectly through the use of Our online communication services.

3. Remuneration and Other Payments

1. 3.1. Compensation: Under these terms and conditions, as compensation for the rights transferred from the Creator, such as rights of the Content, and as a service to support the establishment and operation of the Fan Club, the Company will provide the following:
2. 3.1.1. Creator Sales Revenue: The revenue generated by the Creator's participation in the Program will be produced by the User's purchase and use of Fcoins paid for access to the Creator Content and other online services through the Site. Fcoins are subject to a set price and the Company reserves the right to change the price at its discretion. In the event that the price of Fcoins is changed, the change will be posted on the Site. It is the Creator's responsibility to check the Site for notification of such changes.
3. 3.1.2a. The Production Creators acknowledge that they have been introduced to the Company by the Production. As specified by the Production Creator, the Company will pay all remuneration for the Production Creator's Content paid under these Terms directly to that Production. The aforementioned remuneration shall be a portion of the total realized profits generated from the Content ("Production Creator Revenue"). (The calculation of such portion paid from the Company to the Production Company shall be in accordance with the agreement between the Company and the Production Company, and the Production Creator shall be deemed to have confirmed and approved the content of the remuneration in such agreement. Production Creator income shall be distributed between the Production Creator and the Production in accordance with the details agreed upon by both parties. (The Production Creator acknowledges and agrees that the Company will retain the total realized profit balance after deducting payments to the Production as consideration for fulfilling the obligations of this Agreement.) Production Creators agree that, except for the Company's payment of Production Creator Revenue to Production, the Company has no financial obligation to Production Creators and has no obligation or role in determining the amount of remuneration Production Creators receive from Production. The Production Creators agree that the Company's obligation to pay them for the content and any other services or products that they provide under this Agreement is limited to the Production Creator Revenue (as adjusted for price) that the Company pays in accordance with this Agreement. In the event that a Production Creator fails to fulfill his or her obligations under these Terms and violates these Terms, the Company shall not be obligated to pay any Production Creator Revenue to the Production Creator or the Production. In the event that a Production Creator fails to fulfill its obligations under these Terms and Conditions and breaches these Terms and Conditions, the Company shall not be obligated to pay any Production Creator Revenue to the Production Creator or the Production.
4. 3.1.2b. Payment to Individual Creators and the Company's management fee: The Company shall pay to Individual Creators 60% of the gross realized profits generated by the Content after deducting 10% settlement fee ("Individual Creator Revenue"). Individual Creators agree that the Company's payment obligations for Content and any other services or products provided by them under these Terms will be limited to the Individual Creator Revenue (after price adjustment) paid by the Company in accordance with these Terms. In the event that a Individual Creator fails to fulfill his or her obligations under these Terms and violates these Terms, or that the Company terminates the Individual Creator's participation in the Program, the Company shall not be obligated to pay any Personal Creator Income to the Individual Creator.
5. 3.1.3. Payment will be made only when the Company receives a request for payment from an Individual Creator, and will be madeon a fortnightly basis, starting on Monday. The billing period will be the three days from Tuesday to Thursday after thecounting period, and payment will be made on the following Friday.
   
   
   Example: If March 1st is a Monday
   Counting period: Monday, March 1 to Sunday, March 14
   Billing period: March 16 (Tuesday) - March 18 (Thursday)
   Payment date: March 26 (Friday)
   
   If the payment date falls on a national holiday, it will be carried over to the next business day.
6. 3.1.4. The Individual Creator also acknowledges and agrees that the Company will not be obligated to pay it until the earned Individual Creator Income reaches at least $10,000. Individual Creators agree that the Company will retain the remaining 40% of the gross realized profit after deducting 10% settlement fee as consideration for fulfilling its obligations under this Agreement.
7. 3.2. Remittance: Unless otherwise agreed in writing between the Company and a Individual Creator, payments to the Individual Creator will be made by wire transfer. Payment by wire transfer will be made into the designated account provided by the Individual Creator to the Company. The remittance fee (including the receiving fee) will be a flat 200 yen, which will be deducted from the remittance amount and will be borne by the individual creator. Remittance will be made directly from the Company, or by bank transfer through a primary agency.
8. 3.3. Payment Restrictions: The payment of remuneration to Creators shall be terminated when any of the following events occur:
   (i) In the event that the Creator loses his/her status as a Creator.
   (ii) In the event that a Creator loses his/her status as an Good Creator.
   (iii) In the event that the Company terminates the Creator's eligibility to participate in the Service.
   (iv) In the event that the Company terminates the Program itself or any part of the Program that generates Gross Realized Profit or Creator Income.
   In the event of termination of eligibility to participate in the Services in accordance with this Article, the Company's license and rights in the Creator Content provided to the Company shall not be affected in any way and shall remain in effect permanently. In addition to the suspension of payment of Creator income, in the event that any of the events set forth in Article 3.3. (i), (ii), (iii) or (iv) hereof occurs, the Company may, at its sole discretion, terminate the eligibility to participate in the Services with the notice set forth in Article 25 below.
9. 3.4. Price Adjustment: The Creator agrees that the calculation of Creator Revenue upon payment maturity shall always be subject to a downward price adjustment ("Adjustment") which shall include the following;
10. 3.4.1. All legal fees, general expenses and losses incurred by the Creator in the event of a breach by the Creator of any of the warranties and material provisions set forth in this Agreement
11. 3.4.2. All additional costs associated with the payment of Creator Revenue arising from Creator's negligence, such as providing inaccurate bank account information.
12. 3.4.3. Any costs incurred as a result of force majeure events.
13. 3.5. Sale of Goods and Services on the Site; Exclusive Payment Processing Method: All financial transactions associated with the sale of Goods and Services on and through the Site shall be processed exclusively through the Program's e-commerce engine using the Company's Merchant Payment Processor ("MPP").
14. 3.6. Excessive Chargebacks: In the event of an inordinate number of chargebacks or cancellations of purchased products, memberships or subscriptions in connection with a Creator's Promotional Content Area or Creator's Account, at the Company's sole discretion, the Company may refuse or withhold payment of some or all of the Creator Revenue and may terminate the Creator's eligibility to participate in the Service.
15. 3.7. Forfeiture of Rights: In the event that a Creator violates any of the provisions of these Terms, including but not limited to engaging in prohibited acts and breaches of warranties, ｔhe Creator agrees that the Company reserves the right, at its sole option and discretion, to revoke the Creator's eligibility to participate in the Program, to forfeit any unpaid Creator Revenue, to recover all damages caused by such violation, and to permanently terminate the Creator's eligibility to participate in the Services.

4. Duty of Confidentiality

1. A. Creators and Production Companies shall not disclose or divulge to any third party any personal information, registration information, or other information that should be kept confidential (hereinafter referred to as "Confidential Information") obtained from the Company, Fans, or Creators affiliated with the Company through the use of the Service, except (1) when required by law, or (2) when requested to do so by a person with legal authority.
2. B. Creators and Productions shall not use the Confidential Information for any purpose other than the original purpose.
3. C. Creators and Productions shall take necessary and appropriate measures stipulated by law to prevent the leakage, loss, or damage of the Confidential Information they have acquired and to otherwise safely manage the Confidential Information.
4. D. Creators and Productions shall destroy Confidential Information and copies thereof as soon as possible when the information is no longer needed, when registration to the Service is terminated, or when the Company deems it unnecessary.

5. Intellectual Property

1. A. Regarding the intellectual property of the Contents provided by Creators in the Service, the intellectual property of the Contents created by the Creators themselves shall belong to the Creators, and the intellectual property of the Contents licensed by the legitimate right holders shall belong to the legitimate right holders.
2. B. Creators and Productions shall grant free of charge to the Company to publicly transmit a part of the data of the Contents as a sample within the scope of the purpose of advertising, promotion and use. Copyrights and other intellectual property rights, portrait rights, publicity rights, and other moral rights, as well as ownership rights and other property rights that have arisen with respect to the text, images, programs, and all other Content that make up the Service shall belong to the Company or a third party that possesses such rights, with the exception of Content that was created by the Creator himself/herself or registered with the permission of a legitimate rights holder.
3. C. Creators and Productions shall agree in advance that all or part of the Contents posted by users on the Service will be deleted when the provision of the Service by the Company is terminated or when the Company deems it inappropriate.

6. Prohibited Matters

1. A. In the event that, to any third party who can access to part or all of the Site, in violation of these Terms and the Fanconect Terms of Use, a Creator prints, reproduces, modifies, downloads, or otherwise uses or provides for the benefit of a third party, the Creator's use of the Site shall immediately terminate and the Creator shall return or destroy to the Company any Content created within the Site and any copies thereof.
2. B. With the exception of the Creator Content, no right, title or interest in or on the Site shall be transferred to the Creators, nor shall any content on the Site. In addition, all rights not expressly granted to Creators and Productions are reserved by Fanconect. Any use of the Content and the Services not expressly permitted by these Terms or the Fanconect Terms of Use is a violation of these Terms and the Fanconect Terms of Use and may constitute a violation of copyright, trademark and other laws.
3. C. The Fanconect name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Fanconect or license holders from Fanconect. Creators and Productions may not use these trademarks without the prior express permission of Fanconect, such as through "official" recognition. All other names, logos, product and service names, designs and slogans appearing on this site are the property of their respective owners.
4. D. Collecting, storing, and disclosing to third parties the confidential information of fans who use the service.
5. E. Posting, distributing, providing or doing any of the following contents:(1) Plagiarism, cribbing, or content that infringes on the rights of a third party; (2) Obscene or violent language, material that others may find offensive, or links to such material; (3) Material that promotes discrimination; (4) Material that may promote, induce, or solicit suicide, self-injury, or illegal drug use; (5) Material that violates the Financial Instruments and Exchange Law, such as recommendations for specific stocks; (6) Material that may be fraudulent or may cause significant misunderstanding, such as the recommendation of specific stocks; (7) Material that contains harmful computer programs, such as computer viruses; (8) Material that is intended to transfer various account information, such as this site account, other game accounts, bank accounts, etc. (9) Buying, selling, or transferring virtual currency; (10) Information products, consulting, or other promotional activities that may be detrimental to users; (11) Impersonation of others; (12) Acts that violate laws, ordinances, or public order and morals; (13) Interference with the operation of this Service; or defamation of this Service; (14) Acts that includes verbal abuse, threats, or defamation of the Company, its employees, partners, other Creators and Productions, or Users; (15) Any other actions/contents that the Company deems inappropriate.

7. Modification of the Terms

1. A. The Company reserves the right to revise the Terms at any time.
2. B. The Creator agrees that any changes made by the Company to the Terms shall be effective upon notification by e-mail or posting on the Site.

8. Advertisements

Creators and Productions agree in advance to the posting of advertisements by partners of Fanconect on the Site and the Service. The Company assumes no responsibility whatsoever for the advertisements posted on the Site.

9. Disclaimer

1. A. Fanconect does not guarantee and is not responsible for the suitability, accuracy, usefulness or any other aspect of the information provided through the Site and the Service.
2. B. Fanconect shall not be liable for any damages incurred by Creators and Productions as a result of the use of or inability to use the Site or the Service.
3. C. Creators and Productions agree in advance that such data may be lost due to the failure of the system or communication lines of the Site. Fanconect will not be held responsible for any damage caused by such events.
4. D. Fanconect does not guarantee the safety and confidentiality of the information that Creators and Productions send and receive through the communication lines when using the Site and the Service.

10. Interruption and Termination of the Service

1. A. Fanconect may temporarily suspend the provision of all or part of the Service without prior notice to Creators and Productions in the event of any of the following events:
   * In the event that the provision of the Service becomes difficult due to a calamity suchi as natural disaster, fire, power failure, war, or riot.
   * In the event that maintenance or adjustment is required to maintain the System.
   * In the event of a failure of the System, communication equipment, or communication network.
   * In the event that the operation of the Fan Club site or the provision of the Fan Club becomes difficult due to force majeure such as a natural disaster.
   
2. B. Fanconect may terminate the provision of the Site and the Service by giving prior notice to the Creator or the Production.
3. C. Fanconect shall not be liable for any damages incurred by Creators and Productions as a result of the temporary suspension or termination of the provision of the Site and the Service in accordance with this Article.

11. User Support

1. A. Creators and Productions shall set up their own support desk to respond to inquiries regarding Contents, campaigns, events and Member activities that they have planned and created independently. Fanconect is not obligated to respond to such inquiries from Users. In addition, Fanconect shall not be liable for any damages incurred by Creators and Productions due to the failure of Fanconect to respond to inquiries.
2. B. Creators and Productions shall bear all costs and expenses for setting up their own user support counter, and will not be charged to Fanconect.
3. C. Inquiries regarding user accounts, payment of fees, and billing shall be handled by the Company or an agent commissioned by the Company in the case of individual Creators, and by the Production in the case of Production Creators.

12. Cancellation by Creators and Productions

1. A. Creators and Productions may cancel the contract as of the desired date of cancellation by submitting a cancellation request to Fanconect in the prescribed manner at least 30 days prior to the desired date of cancellation.
2. B. Creators and Productions acknowledge and agree that all rights transferred to the Company shall remain in effect even after the termination of their eligibility to participate in the Service, even if they terminate their eligibility to participate in the Service for any reason.

13. Cancellation of Contract

1. A. Fanconect may immediately terminate the usage agreement without prior notice if the Creator or Production falls under any of the following:
   * In the event that the Creator or Production violates the Terms.
   * In the event that the Creator or the Production does not respond within the relevant period of time to Fanconect's request for correction of the activities or Contents.
   * In the event that the contact Fcoin of the creator or production cannot be reached for a long period of time.
   * In the event that any false information or documents submitted by the Creator or Production at the time of contracting are confirmed.
   * In the event that Fanconect determines, based on reasonable grounds, that the Creator or Production is inappropriate as the other party to the contract.
   
2. B. Termination due to Illegal Electronic Distribution: The Creator agrees that the Company reserves the right to immediately withdraw the Creator's access to the Promotion Page and any other Program participation without prior notice if the Company determines, in its sole discretion, that the Creator has engaged in any of the following: illegal and unauthorized mass e-mailing, newsgroup postings, password sales or transactions, pirated software, IRC postings and any other form of spamming.
3. C. Modification and Termination of Creator's Eligibility: Except as otherwise provided in this Agreement, the Company reserves the right to terminate, suspend or modify any or all of the Creator's eligibility to participate in the Program, Creator status, rights to receive Services from the Company and access to the Site in general at any time at the Company's sole discretion.
4. D. Modification or Termination of Services: Creators acknowledge and agree that the Company shall have the right to freely change, suspend or terminate any or all of the Services provided to all or part of the Creators and Users at any time. Creators acknowledge and agree that the Company shall not be liable for any damages arising from such changes.

14. Deletion of Comments and Items Posted by Users

1. A. Creators and Productions shall be responsible for deleting comments and items posted by users that are offensive.
2. B. In the event that a problem arises as a result of the deletion of a postings by a User, Creators and Productions shall endeavor to deal with and resolve the problem, and agree that the Company shall not bear any responsibility.
3. C. In the event that the Company deems a comment posted by a User to be inappropriate, the Company may delete the said Content or suspend the account of the User who posted it, without requiring the consent of the Creator.

15. Compensation for Damages

To all disputes, actions, claims, defenses, proceedings, judgments, awards, fines, penalties, enforcement actions, liens, detainers and other encumbrances, damages, costs, including reasonable attorneys' and experts' fees and other litigation expenses all of which are arising out of or related to
(i) any breach by the Creator of the terms and conditions and obligations set forth in this Agreement, and
(ii) any dispute, claims, lawsuits or demands, etc. brought by third parties, the Creator agrees to defend, indemnify and hold harmless the Company, its parents, subsidiaries, affiliates, and all of their respective owners, officers, directors, executives, shareholders, employees, contractors, agents, attorneys, affiliates, successors, assigns, and representatives, and to pay the defense costs of those mentioned above. The Creator agrees not to settle or resolve any claim or liability relating to his/her indemnification obligations set forth in this Agreement without the prior written approval of the Company. The Creator also agrees that the Creator's indemnification obligations under this Agreement shall remain in effect even after the termination of the Creator's eligibility to participate in the Services, regardless of the reason for such termination.In addition, in consideration of the fact that it is extremely difficult to determine the damages incurred by the Company due to the failure of the Creator to fulfill the provisions of this Agreement, the Creator and the Company agree that in the event of the Creators failure to fulfill such provisions, the Creator shall be entitled to 100% of all Creator income that is due to the Creator at the time of the discovery of the failure, in addition to all other legal remedies available to the Company at common law and in equity.

16. Rights and Obligations Regarding Content and Promotional Materials

The Creator commits to owning all rights, ownership and interest in all Content, including music, uploaded to the Site and all Content transmitted in connection with the use of the Company's online communication services. In addition, the Creator shall ensure that he/she owns the valid rights necessary for the transfer of rights to the Company as set forth in this Terms for such Content.

1. 16.1. Payment to all persons providing services in the Creator's Content, including models, real persons, partners, employees and independent contractors, is the sole responsibility of the Creator. The Creator warrants that such person will not make any claim against the Company.
2. 16.2. The Creator shall be solely responsible for paying all costs associated with the production of Content, including the purchase and maintenance of equipment.

17. Title Deeds

Creators must maintain clear proof of ownership and the right to use their own Content and all promotional materials as required by Article 16 above. The aforementioned includes deeds of waiver or transfer from individuals or organizations that have contributed to the creation of the Content. The Creator agrees to provide a copy of such certificate within five (5) business days upon request from the Company or the Company's agent.

18. Prohibition of Transfer of Rights

Creators may not, under any circumstances, transfer or assign the license to anyone to use the Site and other services and products provided by the Company to the Creator as a Good Creator. Creators acknowledge that any attempt to transfer or assign such rights will be retroactively invalidated.

19. Required Materials and Transmission of Materials

Creators shall provide the following materials to the Company in accordance with the prescribed format prior to publishing Content using the Company's online communication services and prior to receiving any other services provided by the Company.

1. 19.1. Photo ID: The Creator shall send a copy of his/her photo ID to the Company or the Company's designated agent as proof that he/she is an adult (18+ years of age or the age of majority in the jurisdiction in which the User resides), if the Company deems it necessary to verify his/her identity in relation to his/her bank account information. The Creator may not begin to distribute any Content until we have received it.
2. 19.2. Photographs: The Creator agrees to provide the Company with good quality photographs and images for the purpose of promoting itself and the Site. Such photos and images must be in compliance with the Program or guidelines provided by the Company.
3. 19.3. Content and Promotional Materials: In publishing Creator's performances and other content on the Site, each work must be identified by a unique name or alphanumeric identifier. Details of the procedures for the use of the Company's online communication services and all other services provided by the Company in relation to the Creator's Content or Promotional Materials are set out on the Site. The Creator agrees, undertakes and warrants the following term, as a key factor of this Agreement and as a condition precedent to the Company granting the Creator access to the computers and databases owned by the Company or its designated agent:
4. 19.3.1. In the preceding paragraph, the Creator shall not conduct from areas where such content and materials are illegal or prohibited.
5. 19.4. Creator's responsibility for the Content and promotional materials he/she provided: The Creator agrees to be responsible for all performances, including live performances using Our online communication services, and for all content and promotional materials provided to the publication or for sale through the Site, whether or not they are licensed to the Company.
6. 19.5. Creators are responsible for all costs associated with content creation: Creators are responsible for all costs associated with the production of their Content, including the purchase and maintenance of equipment and the payment of individuals and entities appearing in or providing services for their Content. Creators agree to indemnify and hold the Company harmless from any and all claims relating to the payment of expenses for the production of his/her Content.
7. 19.6. Limitation of the Company's Liability for Transmitted Content: The Creator agrees that the Company shall not be liable for any loss or damage to the Creator's own content, promotional materials, recordings, documents, and other materials provided or distributed by the Creator to the Company or its designated agent.

20. Assignment of Intellectual Property Rights

1. 20.1. Content Including Video and Audio
2. 20.1.1. License to the Company: The Creator shall grant the Company a license to present or use images, video, audio, documents, and derivative works recorded through the use of the Company's online communication services.
3. 20.2. Promotional content
4. 20.2.1. Creators agree to grant us the following non-exclusive, irrevocable right and license to use all promotional materials that they upload to the Site for use on their own promotional pages or otherwise provide to us, except that the rights to the content within the Fan Club are reserved to the creators themselves.
5. 20.2.1.1. All promotional materials may be displayed, duplicated, reproduced, published, publicly displayed, broadcast, transmitted, communicated, performed, distributed, traded, advertised, sold, rented, implemented and otherwise exploited without geographic limitation, by any technology now in use and any technology that may be developed in the future, and through any media. The foregoing shall include the creation of derivative works.
6. 20.2.1.2. The Company reserves the right, at its sole discretion, to use the trademarks, logos, and any other names, with or without which the Promotional Materials may be associated, as well as any other promotional materials and programs that the Company deems appropriate.
7. 20.2.1.3. The names, likenesses, tones and personalities of all creators and persons appearing in the promotional materials and their derivative works shall be used without geographical limitation, by any technology now in use or developed in the future, and through any media.

21. Other Representations

1. 21.1. Creators who are eighteen (18) years of age or older affirm and warrant that they are currently eighteen (18) years of age or older (and that they have reached the age of majority as determined by the community in which they reside).
2. 21.2. The Company's Ownership in Intellectual Property
   The Creator acknowledges and agrees that all trademarks and service marks used by the Company in the Site and other related services are the property of the Company with all rights reserved, and that the Creator may not enjoy any ownership rights, intellectual property rights or any other rights at any time. The aforementioned trademarks and service marks include, but are not limited to, the names "Fanconect" and "ファンコネクト". The Creator also acknowledges and agrees that, among all copyrights and other intellectual property rights owned by the Company or any person or entity associated with the Company, those used in connection with the Program and the Site are at all times the sole property of the Company.
3. 21.3. Reliance on Other Representations: The Creator acknowledges and agrees that it is not entering into this Agreement based on any representations or undertakings made by the Company's officers, directors, other executives, shareholders, employees, representatives, agents, attorneys, affiliates, assigns and successors that are not specified in this Agreement.
4. 21.4. Creator Content Warranties: The Creator acknowledges and confirms that the Company has not made, and will not make, any representation, warranty of merchantability or quality at any time with respect to the publication of its Content and promotional materials on the Site.
5. 21.5. The Service Is Provided As Is: The Creator acknowledges and agrees that the services and materials provided by the Company and its designated agents are provided on an "as is" basis and that the Creator bears the risk of participation in the Company's programs and use of the Site, and that the Company disclaims all warranties, express or implied.

22. Other Requirements

1. 22.1. Termination due to Illegal Electronic Distribution: The Creator agrees that the Company reserves the right, at its sole discretion, to immediately withdraw the Creator's access to the Promotion Page and any other participation in the Program without prior notice if the Company determines that the Creator has been involved in illegal and unauthorized mass e-mails, newsgroup postings, password sales or transactions, pirated software, IRC postings and any other form of spamming.
2. 22.2. Waiver and Release: To the fullest extent permitted by law, the Creator waives and releases the Company, its parent, subsidiaries, affiliates, officers, directors, employees, agents, attorneys and representatives (the "Indemnified Parties") from all liability and obligations arising from his or her use of the Program as a Creator, Program Participant, or both, and from his or her use of, receipt of, or both of the Services. The foregoing liability and indebtedness shall include all liability and indebtedness for any and all damages or losses, including all compensatory, direct, incidental, consequential, and punitive damages. In addition, the Creator and all of its successors and assigns agree that they will not take any legal action against the Indemnified Parties in the event that any loss or damage the Creator and all of its successors and assigns suffer arises directly or in connection with the programs, services, or both provided by the Company, regardless of the form of such loss or damage. The Creator acknowledges and agrees that the waiver and release set forth in this Article and the agreement not to take any action against the Indemnified Parties are the Company's material incentives in this Agreement, and that the Company will not grant the eligibility to participate in the Service without such incentives.

23. Start Date and Effective Period of the Service

1. 23.1. Start Date: The start date of the granting of the eligibility to participate in the Services under this Agreement shall be the earliest of the following.
   (i) the date on which the Creator is granted the eligibility to participate in the Services by any means.
   (ii) the date on which the Creator uses any of the services provided by the Company, including the use of any of the Company's online communication services.
2. 23.2. Effective Period: The effective period of the eligibility for the Services shall be from the start date of the granting of the eligibility for the Services in accordance with this Agreement until the occurrence of any of the following termination events by the Company or the Creator.
3. 23.2.1 The eligibility to participate in the Services may be terminated immediately by the Company at any time without any specific reason. The Compan may notify you of the termination of your eligibility to participate in the Services by e-mail, fax, letter or other written methods, orally, or by suspending the provision of the Services normally provided to Good Creators.

24. Notices

Unless otherwise specified, all documents, communications and notices ("Notices") sent pursuant to this Section shall become effective upon receipt of the Notice or three (3) full days after transmission, whichever is earlier. All voluntary and necessary notices set forth in this Agreement may be given in the following manner.

1. 24.1. Notices from the Company to the Creator shall be sent by e-mail, fax or mail, whichever is appropriate, to the most recent e-mail address, fax number or address provided by the Creator or generally available to the Company and its agents.
2. 24.2. Creators may notify the Company through the Contact Form.

25. Assignment

The rights and obligations of the parties to this Agreement shall inure to the benefit of and be binding upon their respective assigns, successors, executors and administrators. The Creator agrees that the Company may freely assign all or part of this Agreement, as well as all or part of the Company's responsibilities, obligations and performance stipulated in this Agreement, at any time and at its discretion without prior notice. The Creator may not sell, lease, assign or otherwise transfer the Agreement and all or part of its rights and obligations hereunder.

26. Complete Agreement

Except for modifications based on Article 27 and Article 28 below, the Creator agrees that this Agreement constitutes the complete agreement of the Creator and the Company with respect to the matters set forth herein.

27. Modification by Notice from the Company

The Creator agrees that the Company may, at its own discretion, revise, modify and amend the Terms at any time, including any provisions regarding the type and nature of benefits and privileges given to the Creator, by notice via e-mail, uploading to the Creator's management page, or posting on one or more of the Sites where the Creator is registered as a Creator. Such amendments, etc. shall take effect from the time the Company posts the contents. In addition, the Creator agrees to regularly check the Site, management pages and e-mails to confirm such changes, modifications and other information necessary to conduct business with the Company. In the event that the Creator does not object to any amendment within thirty (30) days of such amendment being notified to the Creator by email, uploaded to the Administration Page, or posted on the Site, such failure will be deemed to be an additional consent to such amendment.

28. Mutual Production

The Creator agrees that for the convenience of interpretation of this Agreement, this Agreement shall be deemed to have been produced by both the Creator and the Company. Any ambiguity or ambiguity in this Agreement shall not be construed to the benefit or detriment of either party.

29. Severability

If for any reason one or more of the provisions of this Agreement is held to be invalid, illegal or unenforceable, such invalidity or illegality shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect to the fullest extent legally possible, and the remaining provisions of this Agreement shall continue in full force and effect.

30. Choice of Governing Law and Jurisdiction

Choice of Governing Law and Jurisdiction: The Creator agrees that this Agreement shall be governed by and construed in accordance with the laws of Japan. In addition, the "United Nations Convention on Contracts for the International Sale of Goods" shall not apply. Notwithstanding the foregoing, nothing in this section shall limit the parties' right to modify the choice of law provisions in this agreement for the limited purpose of preserving the limitation of liability provisions of this agreement. Any dispute arising out of or relating to the performance of the Terms shall be submitted to the Tokyo District Court, and the Creator hereby submits to the jurisdiction of such court.

31. Waiver

The Creator agrees that the failure of the Company to perform any specific provision of this Agreement shall not prevent the Company from performing any other provision or waive the Company's rights and remedies. Any waiver by the Company of a particular breach of the Terms shall not constitute a waiver of any other subsequent breach, regardless of the nature of such breach.

32. Successor and Assignee

This Agreement shall inure to the benefit of and be binding upon the Parties and their respective heirs, personal representatives, successors and assigns.

33. Language

The Japanese language version of this Agreement shall be the original and shall always be interpreted in Japanese only. Translations into other languages are provided for convenience only and shall not be referred to in interpreting these Terms.

34. E-Signing Act

The Creator agrees that the provisions of the "Act on Electronic Signatures and Certification Business" (hereinafter referred to as the "E-Signing Act"), which allows both parties to indicate their agreement to be bound by the contents of this Agreement without having to sign in person (manual signature), shall apply to this Agreement. The Creator also acknowledges and agrees that any and all actions by the Creator that reasonably indicate consent shall be deemed to be an indication of consent in this Agreement, including the following:
(i) Approval: Clicking on the New Registration button.
(ii) To use the Company's online communication services as a Creator, or to receive payment for such performance or work from the Company, its agents, or its production companies.

35. Others

The Creator agrees that by indicating their acceptance of this Agreement, the Creator will be deemed to have consented to receive information in electronic form. In order to access this Agreement, you will need a common browser such as Google Chrome, Edge, Firefox, Safari, etc., an Internet connection and a computer. The Creator acknowledges that his or her computer equipment and any changes to it may affect their ability to obtain the Agreed Terms. The Creator acknowledges that in the event that the law or regulation requires the written submission of information related to this Agreement, the Creator may notify the Company via the contact form on the Site and withdraw its consent to receive the record of such information. The Creator acknowledges that they may qualify for participation in the Service by submitting a request through the Site's contact form prior to expressing their agreement to this Agreement. The Creator intends to express his or her agreement to this Agreement by any reasonable means, including by using our online communication services or receiving payment from us for their performance.