GOLD Material Sale Terms of Use
- 1. Definitions
- Definitions of terms used in the GOLD Material Sale Terms of Use (hereinafter referred to as “Terms”) are subject to the Celsys Terms of Service (English) (https://www.celsys.com/en/information/celsys_terms/) and the Clip Studio ASSETS Terms of Service (https://assets.clip-studio.com/q/information/terms/detail), except when otherwise stated in this agreement or other GOLD Material Sale agreements.
- 1 GOLD Materials
- This refers to materials that appear on Clip Studio ASSETS with a price set in GOLD.
- 2 GOLD Material Seller
- Refers to a Clip Studio account user who intends to, or has, sold GOLD Materials in accordance with the procedures prescribed by the Company.
- 3 GOLD Material Seller Screening
- Refers to a review conducted by the Company to determine whether a GOLD Material Seller is suitable to sell GOLD Materials.
- 4 GOLD Material Screening
- Refers to a review conducted by the Company to determine whether GOLD Materials that a GOLD Material Seller wishes to sell are suitable to be posted publicly.
- 5 Purchase
- Refers to the act of the Purchaser (as defined in Item 6) paying GOLD (as defined in the GOLD Terms of Service) to the Company to acquire the right to use GOLD Materials. The purchase of GOLD Materials is only construed as a license to use said GOLD Materials and does not transfer any property rights including, but not limited to, intellectual property rights.
- 6 Purchaser
- Refers to a person who has or intends to purchase GOLD Materials from another Clip Studio account user in accordance with the procedures prescribed by the Company.
- 7 Revenue
- Refers to remuneration paid by the Company to GOLD Material Sellers per the number of GOLD Materials sold, at a rate specified by the Company.
- 8 My GOLD Sales
- Refers to the report located on the GOLD Material Seller’s “My Membership” page that displays revenue earned from each submitted GOLD Material Purchase by Purchasers, the expenses for each billing transaction, the balance, and other information regarding the GOLD Material Seller’s revenue, as well as the process for receiving a payout from the Company. The GOLD Material Seller shall confirm that there are no errors in the balance displayed on My GOLD Sales.
- 2. Usage and Content of GOLD Material Posts
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- The GOLD Material Seller shall comply with all copyright and other such related laws and regulations.
- The GOLD Material Seller may post a GOLD Material only if it has been approved by the Company’s GOLD Material Screening process. If the Company is unable to verify the identity of the GOLD Material Seller as stipulated in 4.2, the Company will be unable to approve GOLD Materials for publication.
- The GOLD Material Seller shall submit to the Company the GOLD Material Sale Agreement (hereinafter, “The GOLD Material Sale Agreement”) designated by the Company, necessary for the GOLD Material Seller Screening process. Any costs incurred in submitting the agreement shall be born by the GOLD Material Seller.
- Upon successful submission and receipt of the GOLD Material Sale Agreement to the Company, the Company will promptly add the ability to sell GOLD Materials to the Clip Studio account held by the GOLD Material Seller.
- The Company shall receive a transaction fee specified by the Company for each request for revenue transfer from the GOLD Material Seller.
- The Company shall receive a predetermined percentage transaction fee specified by the Company from the GOLD Material Seller for each purchase of the GOLD Material by a Purchaser.
- The Company shall pay the GOLD Material Seller the revenue amount minus the transaction fee, if requested by the GOLD Material Seller in accordance with the process prescribed by the Company. In such a case, payment shall only be made to the PayPal account designated in advance by the GOLD Material Seller.
- Users under the age of 20 are not permitted to post GOLD Materials for sale. If found to have falsified their date of birth, Celsys may take measures, including suspending or revoking the user's GOLD Seller status.
- 3. Prohibitions
- The GOLD Material Seller shall not, when posting GOLD Materials, engage in any act that violates or is likely to violate laws, ordinances, public order, morals, the Celsys Terms of Service, the Clip Studio ASSETS Terms of Service, the GOLD Material Sale Terms of Use, the posting or operation guidelines, or any other act that is equivalent to or encourages such acts. In the event of a violation of this Article, the Company may take measures including disqualifying the Clip Studio account holders’ from being granted eligibility as a GOLD Material Seller, suspending or removing such eligibility to the Clip Studio account holder.
- 4. GOLD Material Screening
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- The GOLD Material Seller, in agreeing to the GOLD Material Sale Terms of Use, submits the GOLD Material Sale Agreement in accordance with the procedures designated by the Company.
- The GOLD Material Seller must, for the purposes of identity verification, submit the following information (including personal information) to the Company in the GOLD Material Sale Agreement.
- 1 Name
- 2 Address
- 3 Date of Birth
- 4 Clip Studio Email Address
- 5 Paypal Account for Revenue Transfer
- 5. GOLD Material Seller Screening
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- The Company shall perform a review of the GOLD Material Seller upon conformation of the GOLD Material Sale Agreement submitted by the GOLD Material Seller. Depending on the results of the screening, the Company may not grant the GOLD Material Seller approval to post GOLD Materials. The Company shall not disclose the reasoning behind screening results in any case.
- The Company shall promptly notify the GOLD Material Seller of the screening result by a method designated separately by the Company.
- The Company shall continue to screen GOLD Material Seller even after they have posted GOLD Materials. Even after GOLD Materials have been posted, the Company may suspend or remove the GOLD Material Seller’s eligibility to post GOLD Materials.
- 6. GOLD Material Screening
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- When GOLD Material Sellers wish to post their GOLD Materials, the Company will perform a review of said GOLD Materials. However, the Company does not make any guarantees, nor is responsible in any way, for the legality, suitability for a specific purpose or use, usefulness of such GOLD Materials, or that they do not infringe on any intellectual property rights or other rights of any third party.
- Depending on the results of the screening, the Company may not grant the GOLD Material Seller approval to post, and will not publish said GOLD Materials. The Company shall not disclose the reasoning behind screening results in any case.
- The Company shall promptly notify the GOLD Material Seller of the screening result by a method designated separately by the Company. If the GOLD Material passes the screening, the Company shall notify the GOLD Material Seller of the publication of the GOLD Material. If the GOLD Material does not pass the screening, the Company shall notify the GOLD Material Seller of the result, without publishing the GOLD Material.
- The Company shall continue to screen GOLD Materials even after they have been posted. Even after GOLD Materials have been posted, the Company may suspend the GOLD Material listing, revoke or suspend the GOLD Material Seller’s eligibility to post GOLD Materials.
- 7. Submitting and Updating Information when Applying to Post GOLD Materials
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- If there are any subsequent changes to the information submitted at the time of applying to post GOLD Materials, including name, address, email address associated with the registered PayPal account, etc., the GOLD Material Seller shall promptly update such information in accordance with the procedures prescribed by the Company.
- The Company is not liable for any problems that may occur if the GOLD material seller fails to inform the Company of updates as stipulated in 7.1, updates their details with incorrect or false information.
- 8. Requesting Payout of Revenue
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- The Company shall pay revenue to the GOLD Material Seller only if the GOLD Material Seller requests such payment per the procedures prescribed by the Company and in the method separately specified by the Company.
- In the event that a GOLD Material Seller deletes their Clip Studio account or otherwise loses their Clip Studio account user status for any reason whatsoever, all revenue attributed to the GOLD Material Seller shall cease to exist.
- In the event that the GOLD Material Seller violates laws, ordinances, public order, morals, the Celsys Terms of Service, the Clip Studio ASSETS Terms of Service, the GOLD Material Sale Terms of Use, the posting or operation guidelines or any other regulations, the Company may take measures including requisitioning license fees attributed to the GOLD Material Seller or refuse to respond to payout requests.
- 9. Changes to these Terms
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- The company may change the GOLD Material Sale Terms of Use at its discretion. The changed Terms shall be effective immediately from being displayed on the Service (which shall only be visible to GOLD Material Sellers). GOLD Material Sellers may use the Service after confirming and agreeing to the changed Terms displayed on the Service.
- The Company shall establish a period in advance, and shall notify GOLD Material Sellers in advance by email of the main changes to the Terms. However, prior notice of any changes to the Terms based on the law may not be communicated.
- The Company shall not be liable for any damages incurred by users due to changes in the GOLD Material Terms of Sale. However, this shall not apply in cases where the Company is intentionally or grossly negligent.
- Original Version: 2021/4/19