Article 1 - General
- This Agreement shall be applied to the entity (hereinafter called "Creator" or “You”) who wants to create contents using the online drawing tool, “Cacoo”, which is offered by Nulab, inc. (hereinafter called "your Cacoo contents "), and provide your Cacoo contents to third parties on the website of Nulab, inc. (hereinafter called "Nulab"), the Cacoo Store (hereinafter called "Cacoo Store").
- A Creator who wants to provide your Cacoo contents on the Cacoo Store to third parties shall abide by this agreement.
Article 2 - Use of Cacoo
A Creator shall create contents on Cacoo in accordance with Cacoo's Terms of Service.
Article 3 - Use of Cacoo contents
A Creator guarantees that your Cacoo contents conform the following terms.
- Your Cacoo contents are created in accordance with Cacoo's Terms of Service.
- Any copyrights and intellectual property rights of Your Cacoo contents belong to you (except the intellectual property right of Cacoo original contents. It belongs to Nulab).
- Your Cacoo contents are not against the law of Japan or the Creator's residing country or region.
- Your Cacoo contents are not against public order and morals, or infringe other people's rights or give annoyance to the others.
- Your Cacoo contents are not programmed to harm or obstruct the other users' software and hardware.
- Your Cacoo contents do not break or obstruct the mechanisms of Nulab's server or network.
- Your Cacoo contents do not include the contents which obstruct Nulab's services and advertisements and other services and advertisements on Nulab’s website.
- A Creator shall not upload the contents that obstruct the rights of a third party including the copyright, trademark right, patent right, the right of privacy and the right of publicity.
- A Creator agrees that Nulab or Nulab's directors, employees, associated companies or agents shall not be responsible or liable for any loss and damages caused by your Cacoo contents.
Article 4 - Handling Cacoo contents data
- Nulab shall not be responsible for taking backups of your Cacoo contents. A Creator needs to take backups by your own.
- Nulab shall have a right to make copies of your Cacoo contents if necessary to maintain or improve Nulab's service.
Article 5 - Nulab's right to remove
Nulab shall reserve the right to independently determine to deny, edit, move or remove your Cacoo contents that are listed on the Cacoo Store. Nulab, in its sole discretion, may determine to remove your Cacoo contents immediately when Nulab judges that you violate this agreement or you might harm the rights of a third party, including other users, without noticing the Creator.
Article 6 - Granting rights
- A Creator agrees that your Cacoo contents will be used by a third party who is licensed to use your Cacoo contents (hereinafter called "User") and Nulab receives fees for allowing you to have your Cacoo contents listed on the Cacoo Store.
- A Creator agrees that Nulab may amend this Agreement as needed without obtaining your prior consent and that you shall raise no objections to the revised contents.
- A Creator holds the copyright of your Cacoo contents, even after you upload them on the Cacoo Store.
- A Creator agrees to pay the fee to Nulab for listing your Cacoo contents on the Cacoo Store. Table of Cacoo Store listing fee is attached to this Agreement.
Article 7 - License of your Cacoo contents
- A Creator agrees to conform the policy described in this Agreement when you license a third party to use your Cacoo contents.
- A Creator agrees that Nulab can remove your Cacoo contents in its discretion. (However, Nulab does not judge compliance and validity of each Cacoo content.)
- A Creator approves Users to edit your Cacoo contents freely, and agrees not to exercise the copyrights, moral rights and other rights to Nulab and Users.
- Nulab shall not become the party of the License Agreement between a Creator and a User, and not be responsible for the agreement.
Article 8 - Paying consideration
- Nulab pays the part of consideration, which is received from Users who are licensed to use your Cacoo contents, according to the attached table.
- Nulab makes the payment to a Creator when the amount exceeds 50 US dollars. When the total of your consideration is below this amount, the payment will be withheld and arrearages will not incur during this period. A Creator receives the amount that has been subtracted the following fees: (i) sales tax and withholding tax that a Creator is responsible under the applicable laws; (ii) PayPal fees and other bank fees for sending you the payment; (iii) fees that a Creator is obligated to pay to Nulab and other debts.
Article 9 - Representations and Warranties
A Creator represents and warrants the following.
- A Creator is the sole and exclusive owner of your Cacoo contents (excluding Nulab's Cacoo original contents) and has not permitted or licensed to exercise the intellectual property or the technological rights that conflict with this Agreement.
- A Creator's Cacoo contents are your original creation and representation, and they do not violate the copyright, trademark, privacy right, publicity right or other property rights of a third party, or do not infringe the third party's reputation or trust.
- A Creator's Cacoo contents should not have been created from illegal materials or set limits to Users’s use becase the use in accordance with the Creator’s Cacoo Contents License Agreement will be against laws or this Agreement.
Article 10 - Indemnity and compensation
- Nulab shall not take any responsibility on controversies about Cacoo contents.
- A Creator shall bear the expenses caused by your Cacoo contents that Nulab will have to bear or compensate (including the legal fees).
- A Creator shall be obligated to report to Nulab if your Cacoo contents cause any trouble with a third party.
Article 11 - Disclaimer of Warranties
- Nulab shall not guarantee a third party will wish to use your Cacoo contents listed on Cacoo Store and shall not compensate a Creator when no third party wishes to use your Cacoo contents.
Article 12 - Amendment of this Agreement
Nulab may amend this Agreement as needed without noticing Creators.
Article 13 - Notification and communication
A Creator may contact Nulab via using contact form on its website or sending emails to the designated email address.
Article 14 – Prohibition of transferring rights and obligations
A Creator shall not transfer a part or all of rights and/or obligations that you have with Nulab through listing your Cacoo contents on the Cacoo Store to a third party without prior written consent of Nulab.
Article 16 – Applicable law
This Agreement shall be governed by the laws of Japan
This Agreement shall be governed by the laws of Japan
The disputes or controversies between the parties arising out of or in relation to this Agreement shall be brought under the jurisdiction of Fukuoka District Court in Japan.
Article 18 - Languages
The English version of this Agreement is translated from the Japanese original and shall be used for reference only. In case of any discrepancy with the original Japanese version, the Japanese version shall prevail.
Article 19 - Supplementary provisions
This Agreement was established and shall be implemented from 9 12, 2011.