Article 1 - General
- This Agreement shall be applied to every creator (hereinafter called "Creator") who wants to create his original contents using the online drawing tool, Cacoo and wants to license them to third parties on our website, the Cacoo Store (hereinafter called "Cacoo Store") and also shall be applied to every user who wants to use the contents. The contents which a Creator creates using Cacoo and wants to license to third parties on Cacoo Store are hereinafter called the "Creator’s Cacoo Contents".
- A User and a Creator who will trade Creator’s Cacoo Contents on the Cacoo Store shall abide by all articles in this Agreement.
Article 2 - Reaching agreement
- A License Agreement (hereinafter called "License Agreement") shall be deemed to have been reached between a User and a Creator when a User pays the certain amount listed on the Cacoo Store in compensation to use the Creator's Cacoo Contents. In the License Agreement, the User is a licensee and the Creator is a licensor of the Creator's Cacoo Contents.
- Nulab shall not become the party of the License Agreement, and not be responsible for the agreement.
Article 3 - Effect of reaching License Agreement
- A User shall acquire the right to use the subjected Creator’s Cacoo Contents according to the Article 5 when the User and the Creator reach the License Agreement.
- A Creator shall keep the copyright of the Creator’s Cacoo Contents even after he and a User reach the License Agreement.
- A Creator agrees not to exercise the copyrights, moral rights and other rights to the User when he uses the Creator’s Cacoo Contents in accordance with this Agreement.
Article 4 - Paying consideration
- A User shall pay the stated amount on the Cacoo Store for using subjected Creator’s Cacoo Contents through the specified payment method written on the Store.
- Nulab shall pay the part of the consideration, according to the Cacoo Creator Agreement, to the Creator.
Article 5 - Using Creator’s Cacoo Contents
- A User shall have the right to use the licensed Creator’s Cacoo Contents for his business purposes. With regard to more details about permitted and prohibited use of the licensed Creator’s Cacoo Contents, please refer the Cacoo content usage.
- A User shall not sub-license the licensed Creator’s Cacoo Contents or post his diagram containing the licensed Creator’s Cacoo Contents to be used or distributed on other products or sites. Furthermore, a User shall not have other people download the Creator’s Cacoo Contents on the website which he owns or runs, or modify the format so that other users can save the contents or reuse them.
- Using Creator’s Cacoo Contents against public order and morals, or for the websites that are prohibited children under 18 years old to access (adult sites, dating sites, etc.) and for the related advertisement and fliers, for defaming or other illegal purposes shall be prohibited.
- A User shall be responsible for using single Creator’s Cacoo Contents or combining them with other materials.
Article 6 - Returns and refunds
Licensed Creator’s Cacoo Contents cannot be exchanged, returned or refunded. A User should double-check the image when he confirms the order.
Article 7 – Creator’s Cacoo Contents
A creator has guaranteed that his Creator’s Cacoo Contents conformed the following terms. Nulab does not guarantee the conformity to the Users.
- The Creator’s Cacoo Contents are created in accordance with Cacoo's Terms of Service.
- Any copyrights and intellectual property rights of Creator’s Cacoo Contents belong to the Creator (except the intellectual property right of Cacoo original contents. It belongs to Nulab).
- The Creator’s Cacoo Contents are not against the laws of Japan or the Creator's residing country or region.
- The Creator’s Cacoo Contents are not against public order and morals, or do not infringe other people's rights, or give annoyance to the others.
- The Creator’s Cacoo Contents are not programmed to harm or obstruct the other users' software and hardware.
- The Creator’s Cacoo Contents do not break or obstruct the mechanisms of Nulab's server or network.
- The Creator’s Cacoo Contents do not include the contents which obstruct Nulab's services and advertisements and other services and advertisements on Nulab's website.
Article 8 - Indemnity
Nulab shall not take any responsibility on controversies about Creator’s Cacoo Contents. The party, a Creator and a User, shall resolve any issues arisen among them.
Article 9 - Amendment of this Agreement
Nulab may amend this Agreement as needed after noticing for a certain period of time.
Article 10 - Notification and communication
A User may contact Nulab via using contact form on its website or sending emails to the designated email address.
Article 12 - Applicable law
This Agreement shall be governed by the laws of Japan.
Article 13 - Jurisdiction
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 14 - 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 15 - Supplementary provisions
This Agreement was established and shall be implemented from 9 12, 2011.
The Cacoo content usage
- Images embedded on the website
- Profile image for blog, SNS
- Planning and proposal sheets, Design sheets, Presentation documents
- Printed matter for personal use
- Distributing as materials
- Distributing as template design
- Using on adult sites
- Using on the websites that are against public order and morals
- Using as company logo, CI or trademark
- Submitting as an art work to the competitions
- Printing out for sales purposes
If the purpose you are thinking is not listed here, please contact Nulab.