(hereinafter referred to as "the Company"), which operates the Service, and the users of the Service (hereinafter referred to as "Users"). (the "Company"), which operates the Service, and the users of the Service (the "Users"). (hereinafter referred to as the "Company"), which operates the Service, and the users of the Service (hereinafter referred to as the "Users").
Minors shall use the Service with the consent of their parents or guardians.
Chapter 1 General Provisions
Article 1 (Agreement to these Terms; Scope of Application)
- In using the Service, the User shall agree to and abide by all of the provisions of this Agreement.
- Users who are minors must obtain the consent of a person with parental authority or a legal representative (hereinafter referred to as a "person with parental authority, etc.") to use the Service. The Company shall not be liable for any damages arising from the use of the Service by a minor. We will deem that a User who is a minor has consented to the use of the Service by his/her Parental Authority, etc. when he/she starts to use the Service.
- By registering as a member of the Service, the User may purchase, view, download, etc., images, photos, videos, etc., created by other Users. In addition, the User may sell or publish for free images and videos created by the User to other users.
- By registering as a member, users may post comments, "like," share, and charge for the use of other users' images, photos, videos, etc. on the site. When posting comments, etc., users shall not post comments or behave in a disrespectful manner, and shall endeavor to use polite language.
- The Company shall ensure that all information, data, and other content (including images, videos, etc. posted by users, hereinafter referred to as "Content") provided through the Service is always accurate, up-to-date, and correct. We shall endeavor to keep all information, data, and other content (including images, videos, etc. posted by users, hereinafter referred to as "Content") provided through the Service accurate and up-to-date. The Company will endeavor to keep all information, data, and other content (including images, videos, etc. posted by users, hereinafter referred to as "Content") accurate and up-to-date at all times. The content posted by registered users (hereinafter referred to as "members") is hereinafter referred to as "user-posted content," and is defined in Chapter 3.
- Users shall use the Service at their own risk.
- The Service is provided via the Internet. The User shall be aware that packet communication fees may be incurred when viewing the Contents and using the Service, and shall bear such packet communication fees.
Article 3 (Disclaimer of Warranty)
The Service shall be provided on an "as is" and "as available" basis. We make no warranty to the user with respect to the following items.
- That the Service will meet the requirements of the user and the purpose of use.
- that the content (including user-posted content) is accurate and reliable (i) that the content (including user-posted content) is accurate and reliable
- that communications through the Service will be uninterrupted
- That information sent and received via the Service will be stored on the specified devices, etc., will be sent and received normally, or will be displayed on the screen.
- That the Service will operate normally on all devices, browsers, etc.
- That information pertaining to the Service will be displayed properly on all terminals, etc.
Article 4 (Copyrights and Intellectual Property Rights)
- All copyrights, trademarks, and other intellectual property rights (excluding user-contributed content) related to the Service and content All copyrights, trademarks, and other intellectual property rights (excluding user-posted content) pertaining to the Service and content shall belong to the Company or the owner of said intellectual property rights.
- The User may use the Service and Content to the extent that such use does not violate the prohibitions in Section 6 and within the scope of personal use or the selling and sharing of the User's own User-Posted Content, and to this extent, the Company grants the User a license to use the Service and Content.
- All copyrights to user-posted content belong to the user who posted the content. You may use your User-Posted Content without any restrictions.
- You may use the User-Posted Content of other users for your personal use only to the extent that such use does not violate the prohibitions in Section 6. However, this shall not apply if the User who posted the User-posted Content has separately stipulated the conditions of use of such User-posted Content.
Chapter 2 Membership
Article 5 (Membership Registration)
- A user who wishes to register as a member shall complete the registration application procedure in the form prescribed by the Company for each type of free or paid membership.
- If the Company accepts the user's membership application, it will send a notice of acceptance of the application. The user is officially registered as a member after the acceptance notice is sent.
- Members who have been registered as members in accordance with the preceding paragraph shall be subject to the Affiliate Terms of Service (https://candfans.zendesk.com/hc/ja/articles/4412162791833), which is separately stipulated by the Company. (hereinafter referred to as the "Affiliate Agreement"). (hereinafter referred to as the "Affiliate Agreement").
- The Company may reject a user's application for registration if the user falls into any of the following categories, and may impose the disciplinary measures described in Article 8 if the user is already a member
(1)If the user is a minor and has not obtained consent from a person with parental authority, etc.
(2)If the member has received any disciplinary action from the Company in the past
(3)If the applicant is a member of a crime syndicate, anti-social force, right or left wing group, or if the applicant provides funds to such groups.
(4)If you make a false declaration when applying for registration, or if you do not follow our instructions.
(5)In any other cases where the Company deems the application to be inappropriate.
- The paid member shall pay the membership fee determined by the Company, and the method and timing of payment shall apply mutatis mutandis to Article 10 (Purchase of Monthly Billed Content).
Article 6 (Account Management)
- Members must strictly manage their login ID and password ("Account") for use of the Service. The Company shall not be liable for any loss or damage incurred by a Member in connection with the use of the Service.
- The Company will assume that the account entered by a member when using the Service is the same as the account registered by the member, and that such use is by the member himself/herself.
- Members shall be liable for any and all damages resulting from inadequate account management, negligent use, or errors and omissions.
- If for any reason it becomes necessary to change part or all of an account, the member must go through the account resetting process.
- The member shall keep the information registered with the service (hereinafter referred to as "registered information") accurate and up-to-date. Members are responsible for keeping the information registered with the Service ("Registration Information") accurate and up-to-date. If for any reason it becomes necessary to change the Registration Information, the Member must promptly make the necessary changes to the Registration Information.
Article 7 (Term of Validity of Membership, Withdrawal from Membership)
- The validity period of the service is indefinite unless otherwise requested by the member or the Company.
- Members who wish to cancel their membership from the service shall complete the cancellation procedure in a manner determined by the Company.
- Upon completion of the withdrawal procedure, the Company may delete all or part of the member's registration information, user-submitted content posted by the member, and other information pertaining to the member.
- The Company shall not be liable for any damage incurred by the member or a third party as a result of any action taken in connection with the withdrawal procedure.
- Members who cancel their membership shall forfeit all rights to use the service upon completion of the cancellation procedure.
- The Company shall collect all unpaid sales proceeds (as defined in Article 17.1) at the time of withdrawal and pay them to the member who has completed the withdrawal procedure. The Company shall total up all unpaid sales proceeds (as defined in Article 17, Paragraph 1) and pay them according to a schedule determined by the Company after the date of disqualification.
Article 8 (Penalties)
- The Company may, without prior notice, temporarily suspend a member from using the service, confiscate part or all of the unpaid sales proceeds, or deprive a member of membership if any of the following occurs
(1)Failure to pay the membership fee as stipulated in Article 5, Paragraph 3
(2)violates any of the prohibitions in Chapter 6
(3)In case of violation of Article 11, Section 2
(4)If you post user-posted content that contains adult content but fail to report such content
(5)You fail to follow instructions from us regarding the Service
(6)When we deem it appropriate to punish a user who frequently receives complaints from other users or third parties.
(7) In the event that the Company deems a user to be inappropriate as a member.
- The provisions of Article 7, Paragraphs 3 through 5 shall apply mutatis mutandis to any action taken against a member who has been deprived of membership in accordance with the preceding paragraph.
- The Company may forfeit all or part of any unpaid sales proceeds, if any, to a member whose membership has been revoked.
Chapter 3 Acquisition of User-posted Content
Article 9 (Acquisition, purchase, use, and cancellation of user-posted content)
- If a member acquires or uses user-posted content of other members, the member shall do so at the member's own risk and expense.
- If a member acquires user-posted content of other members, the member shall do so in a manner determined by the Company.
- If a member wishes to purchase user-posted content that is being sold by another member, the member shall apply for and pay for the purchase in a manner determined by the Company.
- If a member does not pay the purchase price for user-posted content within the time period specified by the Company despite having applied for the purchase of such content, such application shall be cancelled.
- Members may obtain the user-posted content they have purchased during the period specified by the Company after payment of the purchase price for the user-posted content is completed. Members may use the purchased user-posted content for personal use or under conditions separately specified by the seller.
- Members may not cancel their purchase of user-posted content for any reason after payment has been completed.
- If a member discovers a defect in purchased user-posted content due to a communication failure or other cause, the member must promptly notify the Company of such defect. In such a case, the Company shall notify the seller of the user-posted content and have the seller send the user-posted content free of defects.
- Even if the seller of user-posted content ceases to publish or sell the content, deletes the content from the service, or otherwise makes it impossible for members to obtain the user-posted content they have purchased, we will not refund the purchase price to members.
- The Company may set a limit on the amount of user-posted content a member may purchase in a given month, and members may not purchase user-posted content in excess of that limit.
Article 10 (Purchase of Monthly Billed Content)
- When a Member subscribes to a subscription agreement for user-posted content sold at a monthly subscription fee (hereinafter referred to as "monthly subscription content"), the Member shall not purchase user-posted content in excess of the monthly subscription fee. If a member subscribes to a subscription agreement for user-posted content sold on a monthly subscription basis ("Monthly Billing Content"), the member may view the applicable user-posted content for the period from the date the subscription agreement is initiated until the last day of the month. However, notwithstanding the provisions of this Article, if the subscription agreement for monthly charged content is terminated due to termination of the subscription agreement in accordance with Paragraphs 4 or 7 of this Article or for any other reason, you will not be able to view the user-posted content from the time the agreement is terminated.
- Payment of the monthly fee for monthly charged content shall be made in accordance with Article 9, Paragraph 3 for the month in which the subscription agreement is initiated, and the monthly fee for the following month and thereafter shall be settled automatically on the first day of each month.
- The monthly fee and terms and conditions of the monthly charged content may be changed by the seller at its discretion. Such changes shall be applied from the next renewal payment for the monthly fee, and from the time of change for the terms and conditions of service.
- If you do not wish to have your monthly subscription contract automatically renewed (automatic settlement), you must complete the procedure for termination of the subscription contract by the end of the month.
- Even if the seller of the monthly subscription content terminates the sale of the monthly subscription content, the Company shall not refund the monthly fee paid by the member in any way.
- Any problems or disputes arising from the termination of sales or changes to the content of the monthly subscription shall be resolved between the parties concerned, and the Company shall not be responsible for resolving any such problems or disputes.
- The subscription agreement for monthly charged content shall be terminated in the following cases, even before the expiration date. In such cases, the Company shall not refund the monthly fee to the member in any way.
(1) If the member cancels the relevant subscription agreement
(2) If a member withdraws from the service, or is deprived of membership.
(3)the seller of the monthly charged content terminates the sale of the monthly charged content
(4)the seller of the monthly charged content has withdrawn its membership from the service or has been deprived of membership; or
(5)If there is a dispute between the member and the seller of the monthly charged content.
(6)When the service is terminated.
Article 11 (Throwing money)
- Members may purchase content designated by the Company in the manner designated by the Company.
- The Company may pay compensation to each member in accordance with the standards and methods specified by the Company, based on the amount of content purchased for each member under the preceding paragraph and each member's contribution to the Service.
Chapter 4 Submission of User-posted Content
Article 12 (Cautions for Posting User-posted Content)
- Members may freely post user-posted content (including adult-related images, etc.) as long as it does not violate the prohibitions in Chapter 6. (Notes on Posting User-posted Content)
- User-posted content as described in the preceding paragraph includes live-streaming.
- Members must mosaic or otherwise cover up the following images, videos, and other expressions in their user-posted content
(1) Genitalia or parts of the body reminiscent of genitalia
(2)Genitalia or anus-joints and insertion sites (when foreign objects are included)
(3)Vomit, feces, or other contaminants
(4)Any detailed or excessive representation of a living body, corpse, animal, etc. in a state that causes damage to it
(5) Any other content that the Company deems potentially objectionable to the majority of users.
- If a member's user-posted content falls under the category of adult content, the member must correctly report that fact in accordance with the means specified by the Company.
- Members must be aware that other members may continue to use or possess user-posted content posted by them even after they have terminated publication of the content or withdrawn from the service.
Article 13 (Representations and Warranties)
- Members represent and warrant that their User-Posted Content does not contain anything that infringes on the copyrights, trademarks, likeness rights, or other intellectual property rights of any third party.
- Members shall endeavor to obtain the prior consent of the relevant rights holders when using third-party copyrighted works or characters appearing in them in their user-posted content. We will assume that the member has obtained the prior consent of the rights holder for the use of the characters, etc., at the time the user-posted content is posted.
- Members represent and warrant to us that there are no pending lawsuits, mediations, arbitrations, or other judicial or administrative proceedings that may adversely affect the publication, sale, etc. of their user-posted content on the service.
Article 14 (Posting and Sale of User-Posted Content)
- If a member posts his/her own User-posted Content, he/she shall do so by the means determined by the Company. If a member wishes to sell his/her user-posted content for a fee, the member must set the selling price within the range of amounts determined by the Company and specify the account to which the proceeds will be transferred.
- If a member terminates publication or sale of his/her user-posted content on the Service, the member shall delete the data of such user-posted content by the means determined by the Company.
- Members may freely change the selling price of their User-Posted Content as stipulated in Paragraph 1 and the terms and conditions of use as stipulated in the preceding paragraph. In the event of such changes, members shall follow the procedures specified by the Company, and in the event that user-posted content distributed free of charge is changed to paid content, members shall delete the previous content and follow the procedures specified in Paragraph 1 separately.
Article 15 (Sales of Monthly Billed Content)
- Members may sell their own user-posted content for a monthly fee. If a member wishes to sell user-posted content for a monthly fee, the member shall register the content in a manner determined by the Company. In doing so, members shall set the monthly fee within the amount determined by the Company.
- When selling content for a monthly fee, members may specify the user-posted content and other conditions under which the content will be sold for a monthly fee. If no such terms and conditions are specified, all user-posted content posted by the member shall be subject to the monthly fee.
- If a member wishes to change the monthly fee or the terms and conditions of the monthly subscription, the member shall follow the procedures for changing the monthly fee or the terms and conditions of the monthly subscription in a manner determined by the Company. The same shall apply in the case of termination of monthly billing.
- In the event that the Company changes the monthly fee or terms and conditions of the monthly subscription, or terminates the sale of the monthly subscription in accordance with the preceding paragraph, the Member must respond in good faith to any inquiries from or problems with the Member who has purchased the monthly subscription.
Article 16 (Affiliate Approval)
- Members may authorize the use of their user-posted content for the Affiliate function in accordance with the Affiliate Agreement in a manner designated by the Company.
- Upon approval of the Affiliate function by a member in accordance with the preceding paragraph, the Company will issue a URL for the Affiliate link to each Affiliate in accordance with the Affiliate Agreement.
Article 17 (Suspension of Publication and Sale of User-posted Content by the Company)
- In the event of 1) a claim of infringement of rights, etc., or 2) a claim of violation of prohibited items, etc., by a third party, we will immediately suspend publication of the user-posted content on the service without any notice to the member, and investigate the infringement of rights or violation of said rights, etc. The Company may investigate the infringement or violation.
- In the event of a situation described in the preceding paragraph, the Company may continue to suspend publication of such user-posted content until the investigation is completed, the infringement is resolved, the violation is resolved, or the claim of infringement is withdrawn, etc. If the Company confirms the fact of infringement or violation, etc., it may remove the data of such user-posted content from the Service. In the event that a fact of infringement or violation of rights is confirmed, the data of such User-posted Content may be deleted from the Service.
Article 18 (Sales of User-posted Content)
- With regard to User-Posted Content sold for a fee, the Company will notify you of the "sales amount" of the User-Posted Content sold on the Service as "sales proceeds" after deducting a fee (20% (excluding tax) of the sales amount (including tax)) separately determined by the Company from the total purchase price and monthly fee.
- The Company shall total the sales proceeds at the end of each month and pay them to the member by the 15th of the following month.
- Payment of sales proceeds shall be made by wire transfer to the member's designated financial institution account, and any fees incurred for such transfer shall be borne by the member.
- If the amount of sales proceeds paid to a member is less than the minimum amount specified by the Company, the Company may withhold payment of such sales proceeds and carry them over to the next month or later.
- The Company shall not be obligated to take any action such as re-transfer of sales proceeds even in the event that a sales proceeds transfer is not processed successfully due to an error in the member's designated financial institution account.
- If a sales proceeds transfer is not successfully processed, the member must request a re-transfer from the Company within 90 days of the occurrence of the event. Any sales proceeds for which a request for re-transfer is not made within that time period shall be deemed to be extinguished upon expiration of the due date.
Chapter 5 Referral Program
Article 19 (Referral Program)
- If a member introduces a third party who is not registered for the service (hereinafter referred to as "Introducer", and the member who introduced the Introducer is referred to as "Introducer") to the Company, the Company shall pay compensation (hereinafter referred to as "Referral Reward") to such Introducer under conditions separately determined by the Company. If a member introduces a third party (hereinafter referred to as "Referred Party" and the member who introduced the Referred Party is referred to as "Referrer"), the Company shall pay the Referred Party compensation (hereinafter referred to as "Referral Compensation") under conditions separately determined by the Company. The referral reward will be paid to the referred member under conditions separately determined by the Company. The Referral Reward will be generated only when the person referred registers as a member in the manner designated by the Company. No referral reward shall be generated if the addressee does not register as a member in the manner specified by the Company.
- The method of payment of the referral reward shall be in accordance with the provisions of Article 17, Paragraphs 2 through 6.
- In the event that the Company pays a referrer an erroneous referral fee, the Company may demand that the referrer return the erroneously paid amount or, at the Company's discretion, offset it against the sales proceeds paid to the referrer. In addition, in the event that the Company has paid a referrer a referral commission and the amount of the commission has decreased due to cancellation of settlement, etc., the Company may demand that the referrer refund the difference between the amount paid and the amount of the commission after the cancellation of settlement, or may offset the amount against the sales proceeds paid to the referrer at the Company's discretion. We may, at our discretion, set off the difference between the amount paid and the amount of the Referral Reward after the cancellation of settlement.
- If the Company determines that the Referrer has misused the Referral Program, the Referral Reward shall not accrue, and the Referrer shall return to the Company the full amount of the Referral Reward paid.
Chapter 6 Prohibited Matters
Article 20 (Prohibited Matters)
- Users shall not engage in any of the following acts when using the Service
(1) Hacking, sending viruses, spamming, etc.
(2) Unauthorized alteration or modification of programs, databases, etc. on the Service
(3)Downloading a large amount of content in a short period of time.
(4)acts of using the Service for purposes other than those stipulated in Article 4.2
(5)acts of allowing a third party to use the Service, or acts of using the Service for the benefit of a third party
(6)Transferring an account for the Service to a third party, or allowing a third party to use an account for the Service.
(7)acts of causing damage to the Company, such as the transfer of payment for the purchase of content, etc., without going through the Service
(8)Using the message function, payment function, or any other function of the Service for transactions outside of the Service.
(9)acts of conspiring with other users or other third parties to commit fraud
(10)acts that cause discomfort to the Company, other users, or other third parties (in particular, acts of harassment) acts of identity theft
(11)acts of using the Service for the purpose of money laundering, etc.
(12)Actions that violate or may violate laws and regulations
(13)Actions that are or may be offensive to public order and morals
(14)Solicitation of religious organizations, political associations, pyramid schemes, etc.
(15)Any act that causes damage to the Company or any third party
(16)Any act that defames or slanders the Company or any third party
(17)Interfering with the operation of this service
- When posting user-posted content, members must not post content that falls under any of the following categories in addition to those listed in the preceding paragraph. The same shall also apply when commenting on other members' pages, etc.
(1)Contents that contain personal information of real persons or other personally identifiable information
(2) That which may fall under the category of child pornography
(3) that explicitly depicts genitalia
(4) that expresses or exposes sex-related parts of the body with foreign objects
(5)Sexually explicit material that is distorted
(6)Sexually explicit material that is clearly intended for infants
(7)Sexually explicit material that uses descriptions (such as "toddler," "child," "young girl," "elementary school student," "junior high school student," etc.) or uses items (such as kindergarten uniform, smock, class name, name tag, school bag, etc.) that are suggestive of young children as the subject of the sexual expression
(8)Shows scenes of violence that are highly stimulating and highly repulsive
(9) That which forces an excessive thought.
(10) Shows cult-like religious activities or excessive political activities
(11) Those that glorify or promote antisocial activities
(12)Expressions that unfairly discriminate against race, creed, occupation, gender, religion, etc.
(13)Those that unfairly discriminate against the socially vulnerable, the disabled, etc.
(14)That which offends the dignity of the person, group, etc. to whom it is directed, such as slander, libel, defamation, etc.
(15)Excessive cruelty, exaggeration of stimulating nature, or anything that in the Company's opinion encourages such behavior.
(16)Any content in which illegal acts are filmed or it is illegal to post such content.
- Users shall not engage in any of the following acts, etc., with regard to articles and other textual information on the Service without the prior consent of the Company
(1)Making a large number of copies beyond the scope of personal use
(2)Distribution or delivery to a third party
(3) Reproduction in magazines, blogs, websites, etc.
(4) Uploading or otherwise publicly transmitting the Content on the Internet
(5)Any other acts that infringe on the Company's copyrights, etc.
Chapter 7 General
Article 21 (Secondary Use of User-Posted Content)
- All intellectual property rights (including copyrights and neighboring rights, and in the case of copyrights, including rights under Articles 27 and 28 of the Copyright Act) related to user-posted content ) shall belong to the Company as soon as they are posted on the Service.
- Members agree not to exercise their moral rights against the Company or any person who has succeeded to or been granted rights by the Company, and to exercise them in accordance with the instructions of the Company or any third party designated by the Company.
Article 22 (Means of Notification)
- The Company shall not send any notification to users (including members, and the same shall apply hereinafter in this chapter) regarding the operation of the Service. Unless otherwise stipulated, the Company shall notify users (including members, hereinafter the same in this chapter) of important matters concerning the operation of the Service by posting notices on the "Notices" page of the Service, by sending e-mails, or by any other method the Company deems appropriate.
- Notices given by posting on the "Notices" page of the Service shall be deemed to be complete when posted on the page.
- Notices sent by e-mail shall be deemed complete when sent to the designated e-mail address.
If the user has any spam filtering measures in place for the designated e-mail address, the user must change the settings to allow the receipt of e-mails from the Company.
- Unless the user objects, we will consider the user to have agreed to the contents of the notice as of the date of the notice.
Article 23 (Handling of User Privacy Information)
Article 24 (Compensation for Damages)
- In the event that a user causes damage to the Company, other members, or third parties as a result of use of the service, the user shall be obligated to compensate the Company for all damages even after the user has terminated use of the service (or, in the case of a member, after losing membership).
- The Company shall not provide any compensation or guarantee, etc., even if a user suffers any damage as a result of using the Service, except as stipulated in the following paragraph.
- In the event that a user suffers any damage as a result of using the service, we will compensate for said damage only if: 1) the damage was caused in relation to a consumer contract as defined in the Consumer Contract Act, 2) the damage was caused by our gross negligence or willful misconduct, 3) the damage was real and direct, and 4) the damage is within the normal scope of damages. We shall compensate for said damages only in the event that they are related to the applicable contract. However, even in this case, the maximum amount of compensation for damages to be paid by a user to the Company shall in any case be the amount equivalent to the usage fee for the service (or the purchase price for user-posted content) that caused the damage in question.
- If a member suffers any damage in connection with user-posted content, notwithstanding the preceding paragraph, the member may claim compensation for that damage from the member who is the seller in question. In such a case, the Company shall assume no responsibility other than the disclosure of information pertaining to the relevant seller.
Article 25 (Temporary Suspension or Termination of the Service)
- The Company may temporarily suspend, change, or terminate all or part of the Service at its discretion. The Service may also be suspended or terminated due to force majeure such as natural disasters.
- The Company shall not be liable for any loss or damage incurred by the User or any third party directly or indirectly arising from the temporary suspension or termination of the Service.
Article 26 (Agreed Jurisdiction, Governing Law)
- The Tokyo District Court shall have exclusive jurisdiction in the first instance over any disputes arising in connection with these Terms and Conditions and Guidelines.
Article 27 (Modification of this Agreement)
Effective Date January 8, 2020
Revision Date September 8, 2021