MAngaNIA is the service for the person who likes comics, but does not have all capability required for the works of comics, but it is service for the person poor at drawing a picture or its opposite person to take charge of the area of strength by division of works. Let’s make a wonderful comics work(s) on a network, and open to the world that you would like to be concerned with the work, and draws a story on it.
This Terms and conditions for creators (here in after referred to as "this terms and conditions" ) shows the rules that creator must observe and the rights and duties between creators and our company while producing a manga as a creator using the service of MAngaNIA (here in after referred to as "this service") which NGA,Inc. (here in after referred to as "our company") provides. Creators thinking to use this service must read the full text before agreeing to this terms and conditions. Thank you for your cooperation.
1. This terms and conditions is applied to all the relations in connection with use of this service between a creator and our company for the purpose of defining the rights-and-duties relation between our company and the creator (it is defined as the 2nd article) about use of this service (it is defined as the 2nd article).
2. The guideline on this service which our company shows at any time on our website (it is defined as the 2nd article), a rule, regulations, etc. shall constitute a part of this terms and conditions.
The following terms used in this terms and conditions shall have a meaning respectively provided in below.
(1) A "creator" means the individual or corporation into which registration as a user who can make comics in this service based on the 3rd article was made.
(2) "Work(s)" means the comics in which the creator performed contribution, transmission, etc. with the "work" using this service (not only the completed comics but the one in the middle of work is included.), the original of comics, a storyboard, a character, and other contents are meant.
(3) "Work registration" means the registration process of the work provided in the 8th article 1st clause.
(4) "Intellectual property rights" means copyright, patent right, a utility model right, a trademark right, a design right, and other intellectual property rights (the right to acquire the right of them or to apply for registration etc. per those rights is included.).
(5) "Our website" means the website which our company manages by the domain "mangania.jp" (when the domain or the contents of the website of our company is changed regardless of how of a reason, the website after the change concerned is included.)
(6) A "registration candidate" means the "registration candidate" defined in the 3rd article.
(7) A "registration work" means the work which performed work registration among the works the creator made.
(8) "Registration information" means "registration information" defined in the 3rd article.
(9) "This service" means co-work(s) and the service of the comics called “MAngaNIA” which our company offers (when the name or the contents of service is changed regardless of how of a reason, the service after the change concerned is included.).
(10) A "user" means those who peruse the work which is on this service and is exhibited using this service.
(11) A "Terms of service" means the terms concluded between our company and a creator based on the 3rd article 4th clause of having followed regulations of this terms and conditions.
(12) "External SNS service" means the social networking service such as Facebook or others which has functions of a creator's attestation, an indication of relationships with friends, and public presentation of the contents into the external social network concerned, and means the service used for implementation of this service.
(13) An "external SNS company" means the purveyor of service of external SNS service.
(14) "External SNS terms of service" means the terms and conditions which defines the right relation between a creator and an external SNS company.
(15) A "team" means the community on this service which is made arbitrarily by the creators, in order that a creator may work together with other creator(s).
(16) A "team administrator" means the "team administrator" defined in the 7th article.
1. Those who wish use as a creator of this service (henceforth "a registration candidate") can apply for registration of use of this service to our company by providing with the fixed information (henceforth "registration information") which our company defines and need to agree to observe this terms and conditions.
2. The individual who uses this service has to make the application of registration certainly by itself, and the application of registration by a representative is not accepted in principle.
Moreover, the registration candidate has to provide our company with truth and the exact and newest information in the application of registration.
3. Our company judged the propriety of a registration candidate's registration in accordance with the standard of our company. When our company accept the registration, the registration candidate should be notified of that, and the registration as a registration candidate's is completed.
4. At the time of completion of the registration provided in the preceding clause, the terms of this service of having followed regulations of this terms and conditions can be concluded between a creator and our company, and the creator can use now this service by our company’s procedures.
5. Our company may refuse registration of those who applied for registration based on the 1st clause in case of following reasons.
(1) When our company judges that there is a possibility of breaking this terms and conditions.
(2) All or part of the registration information with which our company was provided, have a falsehood, a clerical error, or an omission
(3) Those who had registration of use of this service canceled in the past
(4) When it is either a ward of age, a person under curatorship or a person under assistance and the consent of a legal representative, the guardian, the curator, or the assistant, etc. have not been obtained
(5) Antisocial forces (the team or individual who pursues economic earnings using a gang, a gangster, a gang associate member, a gang relation company, a sokaiya racketeer, other violence, power, or the deceitful technique is meant.) etc., or where our company judges that funding and others are led and a certain exchange or participation with antisocial forces etc., such as cooperating or participating in maintenance of antisocial forces etc. is performed
(6) In addition, when our company judges the registration is not suitable.
When there is change of registration information, a creator must submit the information without delay, and our company may demand the data to confirm the change(s).
1. In self responsibility, a creator shall manage and keep a password and ID, and shall not make a third party use this, or shall not do loan, transfer, transfer of ownership, dealing, etc.
2. A creator shall take the all responsibilities for the damage caused by a password or the supervisory oversight of ID, the mistake on use, a third party's use, etc., and our company does not take any responsibilities on these.
3. A creator shall follow the directions from our company and notify our company immediately, when a creator notice that a password or ID is stolen or it is used for a third party.
1. The creator can use this service in accordance with this terms and conditions during the term of validity of the term of use, within the limits of the purpose of this terms and conditions, and do not break this terms and conditions.
2. Preparation and maintenance of a computer, software and other apparatus required in order to receive offer of this service, and in order to make a work, a communication line, other communication environment, etc. shall be performed in a creator's expense and responsibility.
Moreover, our company does not owe any duties or any supports about the execution of the work(s) by a creator.
3. A creator shall take security countermeasures, such as prevention of infection of computer virus, unlawful access, and a leak of information, in own expense and responsibility according to the use environment of this service.
4. When there is an inquiry from our company about use of this service, a creator shall reply to this inquiry sincerely without delay.
1. A creator on this service, in order to make a work in collaboration with other creator(s), can create a team according to a procedure of our company.
2. Our company does not have any responsibilities about the dispute arose among the creators. A creator can make the team, and the exchange the information with other creators within a team on own responsibility.
3. The creator who created the team (henceforth "a team administrator") has the authority about recognition of the participation in a team, withdrawal from the membership, change of a team name, and deletion of a team, and the management of a team.
However, our company may use the management authority of the team provided in this clause instead of a team administrator, when it is judged that our company is required (however, the duty is not assumed).
4. Our company have no responsibility about the damage which arose to the creator by the measure which our company performed based on the preceding clause.
1. In order to exhibit the work which the creator made on this site, it is necessary to perform work registration according to a procedure of our company.
2. A registration work on this service, in its contribution, transmission, etc., must not correspond to the 10th article 1st clause.
3. When a work is made in the team, the team administrator of the team has the authority to perform work registration of the work.
The creator who has participated in the team cannot make an objection to a team administrator and our company about work registration of the work without consent.
4. Our company may examine a work regardless of work registration order.
When our company judges that the work concerned is against this terms and conditions or a registration guideline as a result of examination, our company shall take measures, such as registration extinction of the work concerned, a stop publishing, limitation of the open range, or deletion, without the notice to a creator or the indication of a reason.
In addition, our company does not assume the duty to examine a work.
5. Our company does not have the responsibility about the damage which arose to the creator based on the measure which our company performed based on the preceding clause.
Our company may distribute a part of profit which our company acquired in relation to this site and the registration work to a creator.
However, distribution of the profit based on this clause is depended arbitrarily on our company to the last, and a creator does not have any rights to our company about the profit which our company acquired in relation to this site and the registration work, either.
1. The creator must not do the act applicable to either of each following number in use of this service.
(1) The act which infringes on the right or profits of the intellectual property rights of our company or other creators, a user, an external SNS enterprise, and other third parties, portrait rights, the right of privacy, honor, and others (the act which induces this infringement directly or indirectly is included.)
(2) The act relevant to a criminal act, or the act contrary to good public order and customs.
(3) The fraud or the threat act to our company or other creators, a user, an external SNS enterprise, and other third parties.
(4) The act which transmits the information to which corresponds to below or our company judges that this service corresponds to our company or other creators, a user, an external SNS enterprise, and other third parties.
1. Information including a violent or cruel expression.
2. Information containing the harmful computer program or computer virus.
3. Information including expression which damages the honor of our company or other creators, a user, an external SNS enterprise, and other third parties, or trust.
4. Information including an obscene expression.
5. Information including expression which promotes discrimination.
6. Information including expression which promotes suicide and a self-injurious behaviors.
7. Information including expression which promotes unsuitable use of medicine.
8. Information including an antisocial expression
9. Information which asks for diffusion of the information to third parties, such as chain mail.
10. Information including expression which gives displeasure to others.
11. Information aiming at encounter with the opposite sex without acquaintance.
(5) The act which breaks the internal rule of an organization that this terms and conditions, a statute, our company, or a creator belongs.
(6) The act which alters the information which can be used about this service.
(7) The act which applies a burden to the system of our company too much, such as transmitting the data more than the fixed data volume which our company defines through this service.
(8) An act with a possibility of blocking management of this service by our company, use of this service by other creators, or management of the external SNS service by an external SNS enterprise.
(9) In addition, the act judged that our company is unsuitable.
2. In case work(s) by creator in this service and transmitting act of comment or other information correspond to either of preceding clauses , all or a part of the information concerned shall be deleted, without notifying a creator in advance, when our company judges that there is a possibility of corresponding.
Our company does not have any responsibilities about the damage which arose to the creator by the measure which our company performed based on this clause.
1. Our company shall suspend or interrupt all or a part of use of this service, without notifying a creator in advance, in corresponding to following either.
(1) When the check or maintenance work of computer systems concerning this service is performed periodically or immediately
(2) When a computer, a communication line, etc. stop in an accident
(3) When management of this service becomes impossible by inevitability, such as a fire, a power failure, and a natural disaster etc.
(4) When discontinuation of a trouble and service provision or a stop, the stop of co-operation with this service, specification change, etc. arise in external SNS service
(5) In addition, when our company judges a stop or discontinuation to be required.
2. Our company can stop the offer of this service by convenience of our company.
In this case, our company shall notify a creator in advance.
3. Our company does not have any responsibilities about the damage which arose to the creator based on the measure which our company performed based on this clause
1. All of ownership and intellectual property rights about our website and this service belong to our company or those who have granted license to our company, use consent of this service based on the registration provided in this terms and conditions does not mean the licensing of the intellectual property rights of those, who have granted the license to our company or our company about our website or this service.
A creator shall not do the act (disassembling, decompile, and reverse engineering are included, not limited to this.) which has a possibility of infringing on the intellectual property rights of those who have granted the license in our company or our company for any reasons.
2. All the intellectual property rights of the work which the creator made belong to the creator who made the work or those who have granted the license to.
In addition, when two or more persons' creator makes a work together, a work serves as joint work on the copyright act.
3. A creator shall express and guarantee to our company that creator have a lawful right to use and release about a work on this service, and that the work concerned is not infringing on a third party's right.
4. Irrespective of regulation of 2nd Clause, when two or more persons' creator participates in teams involved, about the work (henceforth "a team work") made by teams involved, a creator does not have consent of the beforehand of our company and must not conclude the contract with the third party, about publication, or distribution (the publication or distribution on the Internet is included.) of those other than our company.
However, the public presentation and others on a creator's own homepage -- the use by the creator in the range similar to this itself is not prohibited.
In addition, a "team work" is including the work not only in the completed work but also in the middle of work in a team.
5. Our company can duplicate, change, and reuse in the range required for offer and management of this service in our website or this service, about the comment, text, a picture, an animation, and other data (however, except for a work), in which the creator contributed or transmitted.
Our company shall not assume duty to save this information of a creator's work, the message and other information which were commented, transmitted and received. A creator shall take backup of these pieces of information on creator’s responsibility if needed.
In addition, our company does not have any responsibilities about the damage which arose to the creator by having deleted these pieces of information.
1. When a creator corresponds to one reason of each following items, our company can suspend the use of this service temporarily about the creator concerned, or can cancel registration as a creator without notifying or calling on in advance,.
(1) When any of provision of this agreement is broken
(2) When it becomes clear that registration information has a false fact
(3) When creator is going to use or use this service for the purpose or a method with a possibility of producing the damage to our company, other creators, a user, an external SNS enterprise, and other third parties.
(4) When it becomes impossible for a creator to receive offer and cooperation of the service from an external SNS enterprise for having broken external SNS terms of service and other reasons.
(5) When creator interfere the operation of this service regardless of any means
(6) When there is a moratorium or a statement of a start of procedure which becomes insolvent or is similar to commencement of bankruptcy proceedings, a civil-affairs rehabilitation-proceedings start, or these
(7) The disposition by suspension of business and others of a clearinghouse when disposal of dishonor is received about the note or check which was drawn itself or was taken over, or the time of receiving the measure similar to this.
(8) When there is a statement of a seizure, an ancillary attachment, provisional disposition, compulsory execution, or auction.
(9) When the disposition for failure to pay of a tax and public charge is received
(10) When creator dies, or when the referee of commencement of guardianship, commencement of curatorship, or an auxiliary start is received.
(11) When creator do not use this service for more than six months and there is no response to the contact from our company
(12) When it corresponds to the 3rd article 5th clause.
(13) In addition, when our company judges continuation of registration as a creator not to be suitable.
2. When it corresponds to one reason of preceding clause each items, a creator loses the benefit of time about all of the debt undertaken to our company, and has to make payment of all the debts to our company immediately.
3. Our company does not have any responsibilities about the damage which arose to the creator by the act which our company performed based on this clause.
4. The creator can cancel registration as a creator by notifying our company by the method predetermined by our company 14 days in advance.
5. When a creator's registration is canceled based on this clause, a creator shall return, abandon, and dispose of the software, a manual, and other things relevant to this service which received from our company based on directions of our company.
6. When a creator's registration is canceled, our company may delete the work of the creator concerned from on this service.
In addition, other creators and our company which have participated in teams after a creator's registration cancellation about the team work in which the creator participated in shall use the team work according to this terms and conditions, and the creator shall agree with this.
1. Our company does not offer any guarantees about having that this service suits a creator's specific purpose, that the browsing more than the fixed numbers by a user is made ,or having a function to expect, goods value, or usefulness.
Furthermore, even if it is a case where a creator acquires the information about this service, other creators, or a user directly or indirectly from our company, our company does not offer any guarantees more than the contents specified in this agreement to the creator.
2. Although this service may cooperate with external SNS service, even when this cooperation is not guaranteed and it is not able to cooperate with external SNS service in this service, our company does not have any responsibilities about the cooperation with external SNS.
3. In case where this service is in cooperation with external SNS service, even when dispute etc. arise among the external SNS enterprises which a creator shall observe external SNS terms of service on own expense and responsibility, and manage the external SNS service concerned with a creator, our company does not have any responsibilities about the dispute concerned etc.
4. Creator using this service shall investigate whether the statute applied to creator or internal rule of an economic organization, etc. are broken based on own responsibility and expense, and our company does not guarantee at all that use of this service by a creator conforms to a statute, an internal rule of an economic organization, etc..
5. Creator shall process and solve about dealings, connection, dispute, etc., in relation to this service or our website, which arose between other creator, a user, an external SNS enterprises, and other third parties in a creator's responsibility, and our company does not have any responsibilities about this matter.
6. Our Company do not have any responsibilities about the damage which the creator covered in relation to the stop or intermission of this service, disappearance of the data based on deletion of a creator's message or information, cancellation of a creator's registration, failure of apparatus or damage, and these other services.
7. Even when link from our website to other websites or link from other websites to our website is offered, our company, no matter it may be based on what reason about the information acquired from websites other than our website, and there, do not have any responsibilities about the information.
1. The creator has to compensate the damage to our company, when damage is inflicted on our company by breaking this terms and conditions in relation to use of this service.
2. When creator produces dispute for claim from other creators, user, external SNS enterprises, and other third parties in relation to this service, while notifying our company of the contents immediately, the claim concerned or dispute shall be processed in a creator's expense and responsibility, and the progress and a result shall be reported to our company based on the request from our company.
3. When a certain claims are received from a user, an external SNS enterprises, and other third parties for infringement and other reasons in relation to use of this service by creator, the creator has to compensate the amount of money to which our company was obliged to pay for the third party based on the claim concerned.
4. Our company does not have any responsibilities about the damage which the creator covered in relation to this service.
In addition, when our company takes damage liability to a creator for application and other reasons of Consumer Contract Law, the compensation liability of our company is 1000 Japanese yen a maximum.
1. In this terms and conditions, "Secret Information" means all information which the creator was offered by a document, word of mouth, or a recording medium from our company, or could know, our technology, business, financial affairs, an organization, and other matters in relation to terms of service or this service. However, it shall be except from secret information in case of the followings, (1) when the information which offered from our company was generally known or creator had already carried out learning, (2) when the information became generally known in a publication which is due to beyond the creators responsibility, (3) When the information was acquired lawfully without being burdened with an obligation of confidentiality from a third party with the authority of offer or an indication, (4) When the information was developed independently without being based on secret information, and (5) the information which does not need to be confidentiality by purport letter from our company is excluded.
2. A creator shall not offer, disclose or reveal the secret information of our company without consent by the document of our company to a third party while using secret information only for the purpose of use of this service.
3. Irrespective of the law of the 2nd clause, the creator can disclose secret information based on a command of law, a court, or a government organization, a demand, or a request.
However, when you receive the command, a demand, or a request, you have to notify our company of that promptly.
4. When reproducing a document, a magnetic-recording medium, etc. which indicated secret information, a creator need to obtain consent by the document of our company beforehand, and shall carry out severely according to the 2nd clause about management of a copy.
5. When our company request, a creator always has to follow the directions of our company without delay, and has to return or discard the document and recording-media which indicated secret information, and all its copies.
This agreement shall continue effectively between our company and a creator from the day when the creator made the registration based on the 3rd article completed till an early day of either registration of the creator concerned was canceled or this service ended.
1. Our company shall change the contents of this service freely.
2. Our company shall change this terms and conditions (including the rules, regulations, etc. about this service indicated on our website, it is the same below in this clause.).
Our company shall notify a creator of the changes concerned, when a creator uses this service after the notice of the changes or when procedure of registration cancellation is not taken within the period which our company sets, it is considered that a creator has agreed with the change of this terms and %conditions.
The contact or the notice from a creator to our company about this service, and the notice about the change of this terms and conditions or any contact and notice from our company to a creator shall be performed by the method set by our company.
1. The creator cannot transfer, move, encumber, and dispose to a third party about the status on this service and the right or duty based on this terms and conditions prior to the consent by document of our company.
2. When enterprise concerning this service is transferred to other company, the right and duty based on the status of this terms and conditions, the registration information of a creator, and other customer information, should be transferred to the grantee of the business, and the creator shall have agreed beforehand in this clause per this transfer.
In addition, all the cases where not only the usual business transfer but partition of corporation and any other enterprises transfer shall be included in business transfer provided in this clause.
This terms and conditions constitutes perfect agreement with our company and the creator about the matter included in this terms and conditions, and gives priority to it over prior agreement with our company and the creator about the matter included in this terms and conditions, manifestation, and comprehension regardless of word of mouth or a document.
Even if one provision of this terms and conditions or its part is judged that invalidity or execution is impossible by Consumer Contract Law, other statutes, etc., the remaining regular portion have effect completely continuously, and our company and a creator, a provision or a portion the invalidity concerned or unexecutable is made lawful, and corrects it in the range required in order to give power of execution, and considers it as the meaning and the thing for which it strives to be able to secure an equivalent effect legally and economically.
The 5th article 2nd clause, from the 7th article 2nd clause to the 4th clause, from the 8th article 3rd clause to the 5th clause, from the 10th article 2nd clause, the 11th article 3rd clause, the 12th article, the 13th article, the 14th article 2nd clause, the 3rd clause, the 5th clause, the 6th clause, from the 15th article to the 18th article, and the regulation from the 22nd article to the 26th article shall continue after the end of a use contract effectively
However, about the 17th article, it shall restrict and continue in three years after the end of this agreement.
The applicable law of this terms and conditions considers as the laws of Japan, and makes Tokyo District Court the agreement jurisdictional court of the first trial exclusively about all dispute that originates or relates to this terms and conditions.
Our company and a creator shall aim at solution promptly after deliberations according to the principle of good faith mutually, when a doubt arises in the interpretation of the matter which does not have a law in this terms and conditions, or of this terms and conditions.
August 6, 2014 enacted