The Terms of Service shall apply in relation to all uses of the internet service Ci-en, operated by EISYS, Inc. (hereinafter referred to as "Ci-en") by the user.
Article 1: Scope and Amendment of the Terms of Service
The Terms of Service shall apply to all services provided by Ci-en and to all users of such services. Any amendment of the Terms of Service published as necessary to users online or through other means provided by Ci-en shall form a part of these Terms of Service, which are hereby accepted by the user.
Ci-en reserves the right to change these terms and conditions at any time without the consent of the user, and the user agrees to be bound by such changes. Such changes will be announced to the user as necessary online or through other means provided by Ci-en.
Article 2: Users
A user shall be deemed to have applied to use Ci-en and been approved by Ci-en, based on the procedures specified by Ci-en and upon acceptance of these Terms of Service.
If a user is a minor, they shall obtain the consent of their legal guardian when using Ci-en. If a minor applies to use Ci-en, the Company will assume that they have the consent of their legal guardian.
In addition, only users 18 years of age or older may use the adult-only services on Ci-en.
However, the user must be an individual.
Article 3 Approval of Users
Ci-en may not approve a user registration if it is determined that the person who has applied for use of the service falls under or is likely to fall under any of the following items. Even following approval, Ci-en may cancel such approval without obtaining the consent of the person in question.
- If it is discovered that the user's Ci-en user status has been revoked in the past due to violations of the User Agreement or other reasons.
- If it is discovered that there is a falsehood, misdescription, or omission in the user's application to use the Service.
- In the event that the applicant's use is found to be suspended by the financial institution designated by the applicant, etc.
- Applicant is found to be in default in the payment of Ci-en's usage fees.
- When it is found that the applicant is a minor and has not obtained the consent of his/her legal representative.
- When it is found that a duplicate application for use has been made by the same person.
- Any other cases that Ci-en deems inappropriate.
Article 4 Responsibility for User Number and Password Management
The User may not transfer or allow a third party to use the number (hereinafter referred to as "ID") and password assigned by Ci-en as a user number, or sell, transfer, pledge, or otherwise dispose of the ID and password.
The User shall be responsible for the management and use of the ID and password granted under this Agreement, and shall not cause any damage to Ci-en.
The User shall be responsible for the use of Ci-en with such ID and password, and shall pay all obligations related to such use at his/her own responsibility.
Article 5 Creator Registration
A User may use the Service as a Creator when he/she completes the Creator Registration through the procedures prescribed by Ci-en. However, only individuals who are 18 years of age or older may apply for Creator registration.
When registering as a Creator, the User shall register true and accurate information about himself/herself. In the event of any change in the registered information, the User shall promptly change the registered information in accordance with the procedures prescribed by Ci-en.
Users who have completed Creator registration may use the Service not only as a Creator but also as a general user.
Article 6 Profile, Message Function, etc.
Ci-en provides users with profile pages, message functions, etc. on the Site. Registered Users may create, edit, and post profile pages and send messages using the message function in the manner and to the extent prescribed by Ci-en.
The User agrees in advance that his/her profile page will be made public on the Site.
Users shall not post or transmit any of the following data (Data that users post on their profile page or send via the message function, hereby known as "Posted Data") on the Site using the profile page or message function. If Ci-en determines that any of the above applies or is likely to apply, Ci-en may delete all or part of the Posted Data, or terminate the user registration of such user.
- Information that may identify you or a third party, such as your name, e-mail address, address, telephone number, SNS ID, etc.
- Content that infringes or may infringe on copyrights, portrait rights, privacy rights, trademark rights, honorary rights, or other rights of third parties
- False or factually incorrect content
- Inquiries, complaints, etc. regarding this service or other services provided by Ci-en
- Any other cases that Ci-en deems inappropriate.
Article 7 Establishment of Creator's Page
Creators may establish a Creator Page on the Site in a manner prescribed by Ci-en.
When opening a Creator Page, the Creator shall stipulate the following matters in accordance with the scope and method prescribed by Ci-en.
- The monthly fee (multiple fee plans, including free plans, can be set. Hereinafter referred to as "Plan Membership Fee") charged to users enrolled in each plan (hereinafter referred to as "Plan Members").
- Content provided to Plan Members in accordance with each fee-based plan ("Member-Only Content") Contents
- The details of other benefits to which Plan Members are entitled to ("Member Benefits").
Creators must set the scope of publication according to Ci-en's predetermined method (i.e., whether the content is viewable by all users or by members only, and if so, the fee-based plan for members-only content) and then submit the information to Ci-en. If it is members-only content, the monetary plan for viewing is available. Creators may post the content of their choosing on the Creator's Page.
- Material that constitutes as obscene.
- Genitalia that are overtly represented.
- The depiction or exposure of genital conjoining in a sexual context.
- Content containing overly warped or perverse sexual depictions
- Content containing scenes of highly provocative and repulsive violence.
- Content that imposes an extreme and excessive ideology.
- Content containing the expression of cult-like religious activity or excessive political activity.
- Content that glorifies and unduly promotes antisocial behavior.
- Content that unfairly discriminates against race, creed, occupation, sex, religion, etc.
- Content that unfairly discriminates against socially vulnerable people.
- Content containing depictions that are defamatory, slanderous, libelous, or otherwise offensive to the dignity of the subject.
- Content containing scenes of excessive cruelty, unnecessarily exaggerating the extreme nature of the material or actions that may be expected to be imitated in real life.
- Those with sexually explicit material, mainly live-action.
- Any expression that violates the compliance policy.
- Other expressions that Ci-en deems inappropriate.
A Creator who has opened a Creator Page may not delete his/her own user registration without completing the prescribed closure procedures in Article 13 for all Creator Pages.
Article 8 Monitoring of the Site by Ci-en
Article 9 Plan Contract
A user may enroll in a particular plan and become a plan member in accordance with Ci-en's prescribed procedures. However, the user may not be able to enroll in a plan due to circumstances such as the plan being in the closure process period.
When a User enrolls in a specific plan, a bilateral plan contract shall be established with the Creator who established such plan, which mainly consists of the Creator providing the member-only contents and membership benefits stipulated in Article 7 to such User and the User paying the plan membership fee as compensation.
The relevant Creator is obligated to provide the relevant User with the Member-only contents and Member benefits directly, and the User may receive the Member-only contents and Member benefits provided by the Creator during the term of the Plan Agreement directly from the relevant Creator in accordance with its fee-based plan.
The User acknowledges and agrees that Ci-en is not a party to the Plan Agreement and that Ci-en is not responsible for the contents of the Plan Agreement or the provision of members-only content and member benefits by the relevant Creator.
Article 10 Fulfillment of Obligations under the Plan Member Agreement, Availability of Cooling-Off, etc.
Users and Creators shall properly perform their obligations under the Plan Agreement.
Neither the User nor the Creator may cancel or terminate the Plan Agreement once it has been executed. Plan contracts are not subject to a cooling-off period, and therefore cannot be cancelled based on a cooling-off period.
The user may not cancel or terminate the plan agreement due to the content of the member-only content or member benefits, but if the member-only content or member benefits are not provided in accordance with the plan agreement, or if there is a formal defect in the content (e.g., incorrect file format, inability to download, etc.), the user shall contact Ci-en within seven (7) days of the date the content or benefits are to be provided or have been provided.
The Creator shall comply with the Act on Specified Commercial Transactions and other related laws and ordinances, and shall make appropriate notations on the Site as required by the Act on Specified Commercial Transactions.
Article 11 Term of Plan Contract, Application for Plan Withdrawal
The term of the plan contract shall be from the date the user joins the plan to the end of the month that includes the date of the user's subscription to the plan, and thereafter the contract shall be automatically renewed on a monthly basis from the first day of each month to the last day of each month. However, if a Plan Member unsubscribes from a plan, the Plan Membership Agreement will terminate at the end of the month in which the unsubscription request is made.
Plans cannot be unsubscribed from between 21:00 on the last day of the month and 00:00 on the 1st day of the following month. Therefore, in order to terminate a plan contract as of the end of the current month, users must unsubscribe by 21:00 on the last day of the current month (all times in JST).
Even if a member unsubscribes from a plan in the middle of the plan contract period, the plan membership fee will not be prorated, and the plan member may not request a refund of the plan membership fee for the current month.
If a user delays payment of the plan membership fee (including the case where the payment procedure is not completed due to a credit card error, etc.), the user will be automatically deemed to have unsubscribed from plan membership.
Article 12 Application for Termination of a Specific Fee-Based Plan
Notwithstanding the preceding Article, Creator may terminate the plan agreement with a Plan Member for a particular fee-based plan as of the last day of the month in which the application for termination of the fee-based plan is filed by submitting an application for termination of the plan (hereinafter referred to as "Application for Termination of Fee-Based Plan") in accordance with the procedures prescribed by Ci-en.
Paid plans cannot be deleted between 18:00 on the last day of the month and 00:00 on the first day of the following month. Therefore, in order to delete a paid plan, the deletion procedure must be completed by 18:00 on the last day of the current month (all times in JST).
During the term of the fee-based plan termination procedure, the Creator shall fulfill all obligations incurred during the term of the fee-based plan agreement with the plan Member of the relevant plan. In the unlikely event that any unfulfilled obligations remain with the Creator after the termination of the fee plan agreement, the Creator shall continue to fulfill such unfulfilled obligations after the termination of such fee-based plan agreement.
Article 13 Application for Deletion of Creator's Page
Notwithstanding the preceding article, a Creator may terminate the Plan Agreement with all Plan Members of the relevant Plan at the end of the month following the date of the closure request by submitting a closure request for the Creator Page ("Creator Page Closure Request") in accordance with Ci-en.
Creator page closure cannot occur between 18:00 on the last day of the month and 00:00 on the first day of the following month. Therefore, in order to terminate a plan contract as of the last day of the following month, the closure procedure must be completed by 18:00 on the last day of the current month (all times in JST).
The month following the day on which the application for closure of a Creator Page is submitted (from the first day of the month to the last day of the month, hereby known as the Creator Page Closure Period). The Creator shall not be obliged to provide new member-only contents and member benefits, and the Plan Members shall not be obliged to pay the Plan Membership Fee during this period.
During the Creator Page Closure Period, the Creator shall fulfill all obligations incurred during the term of the Plan Agreement. In the unlikely event that any unfulfilled obligations remain with the Creator after the termination of the Plan Agreement, the Creator shall fulfill the unfulfilled obligations even after the termination of the Plan Agreement.
Ci-en may delete the relevant Creator Page (including the posted contents) after the Creator Page Closure Period has elapsed.
Article 14 Termination of Plan Agreement for Other Reasons
Notwithstanding the preceding two articles, if Ci-en terminates the user registration of a particular Plan Member, all Plan Membership Agreements between such Plan Member and each Creator shall be terminated at such time.
Notwithstanding the preceding two articles, if Ci-en cancels the creator registration or user registration of a particular Creator, all plan membership agreements between such Creator and each Plan Member will be terminated.
In the event of termination of the Plan Agreement pursuant to this Article, the Plan Membership Fee shall not be prorated and the Plan Member shall not be entitled to request a refund of the Plan Membership Fee for the current month.
Even in the event of termination of the Plan Agreement pursuant to this Article, Ci-en shall be exempted from liability to the extent that the action is based on these Terms and Conditions, and in such case, the User shall not be entitled to any compensation for damages against Ci-en.
If Ci-en deletes the Creator Registration or User Registration of a particular Creator, Ci-en may delete all Creator Pages (including posted contents) opened by such Creator.
Article 15 Payment of Plan Dues
Plan Members shall pay the Plan Membership Fee for the current month on the date of admission to the Plan, and on the first day of each month thereafter, the Plan Membership Fee for the current month using the payment method approved by Ci-en.
Plan membership fees shall not be prorated even if the plan membership contract is terminated in the middle of a month due to unsubscribing or other reasons.
The user selects the payment method provided by Ci-en, and the payment method approved by Ci-en will be determined. If a financial institution or other institution has separate terms and conditions of use, payment terms, or spending limits, the user shall comply with those terms and conditions.
In the event of a dispute between a user and a financial institution or other party, the dispute shall be resolved by both parties concerned, and Ci-en shall have no responsibility whatsoever.
Ci-en shall have the authority to accept Plan Membership Fees from Plan Members on behalf of the Creator and to sub-contract such acceptance of Plan Membership Fees to a third party designated by Ci-en (hereinafter collectively with Ci-en, the "Sub-Recipient") and shall pay the Plan Membership Fees received from Plan Members to the Creator. Upon receipt of the Plan Membership Fee from the Plan Member by the Sub-Recipient, the obligation of the Plan Member to pay the Plan Membership Fee shall be extinguished.
A Plan Member shall not pay the Plan Membership Fee directly to a Creator. A Plan Member may not reject a claim from Ci-en on the basis that the Plan Member has paid the Plan Membership Fee directly to the Creator.
Article 16 Crowdfunding
By opening a crowdfunding page through Ci-en's prescribed method, Creators can specifically present to users the plans and dreams they wish to realize, and solicit support from users.
In return for their support, creators may sell limited-time exclusive rewards. Unlike plans, returns are not monthly subscriptions.
Users may purchase rewards in the manner prescribed by Ci-en.
When a User purchases a Reward from a Creator, such Creator has an obligation to provide such User directly with the benefits described in the Reward, and the User may receive the Reward provided by the Creator directly from such Creator in accordance with the purchased Reward within the time of provision.
Ci-en is authorized to receive support payments from users on their behalf, and to provide such receipt services to third parties designated by Ci-en (hereinafter collectively with Ci-en, the "Sub-Recipient").
Upon receipt of the Support Payment from the User by the Sub-Recipient, the obligation of the User to pay the Support Payment shall be extinguished.
Other terms and conditions regarding the provision of Rewards to users by Creators shall be governed by the same terms and conditions as the plans set forth in this Agreement.
However, this does not apply to the section relating to the monthly subscription.
Article 17 Payment to Creators
When Account Transfer Has Been Selected
Sales of plan subscriptions and sales of crowdfunded rewards will be counted at the end of each month and remitted to the financial institution designated by the creator by the 20th of the following month for settlement. Ci-en will bear the remittance fees of the financial institution.
In the event that the amount of the transfer, after deducting the fees and other charges stipulated in Article 18, is less than 5,000 yen for both plan membership fee sales and sales of returns created through crowdfunding, the transfer shall be carried over to the next monthly payment date until the amount exceeds 5,000 yen.
However, if no new sales have been made for 360 days after the last day of sales, Ci-en's obligation to pay sales to the Creator shall be extinguished.
If a payment date falls on a banking holiday or business holiday of Ci-en, the payment shall be made on the next business day.
When Designating DLsite Points
Sales of plan subscriptions and sales from crowdfunded rewards, respectively, shall be totaled at the end of each month and awarded by the end of the following month.
Notwithstanding the provisions of this Article, if a Plan Member who has paid the Plan Dues contacts Ci-en pursuant to Article 10, Ci-en may withhold payment to the Registered Creator for a reasonable period of time in order to investigate the matter.
In such a case, Ci-en will discuss the response with the relevant Creator and Plan Member, but in the end, Ci-en may decide at its own discretion whether or not the Creator will be paid or the Plan Member will be refunded.
Article 18 Fees, etc.
Creators shall pay Ci-en the following compensation for the use of the Service (hereinafter referred to as the "Platform Fee").
The amount equivalent to 10% of the Plan Dues received by the proxy payee pursuant to Article 15 (Payment of Plan Dues) (including the amount equivalent to consumption tax. The amount shall be rounded down to the nearest whole number.)
Ci-en may substitute the receipt of fees, etc. by deducting the fees, etc. set forth in this Article from the plan membership fees paid to Creators pursuant to Article 17.
If the plan membership fee paid to a Creator under Article 17 becomes negative after deducting the fees, etc. stipulated in this Article from the plan membership fee paid to the Creator under Article 17, Ci-en will have a claim against the relevant Creator for the equivalent amount.
Article 19. Ownership of Rights and License to Use Submitted Data and Posted Contents
The copyright of the submitted data and contents is reserved to the creators who created them.
The User grants Ci-en a worldwide, non-exclusive, royalty-free, third-party sublicensable and transferable license to use, edit, reproduce, publicly transmit, distribute, create derivative works from, and exploit the submitted data and content for the purpose of advertising the Site or the Service. The same shall apply to Content that Ci-en requests Creators to provide for the purpose of advertising and promoting the Service.
The User shall not exercise moral rights of authorship against Ci-en or any third party designated by Ci-en with respect to this Article.
Ci-en may reproduce, edit, provide to a third party, or take other necessary measures with respect to any posted data or content to the extent necessary for the purpose of system construction, maintenance, improvement, or other maintenance of this site, or to respond to the legitimate exercise of rights by a third party.
The User shall follow the usage methods specified by the relevant Creator for the use of the Plan Members-Only Content and other posted Content provided by the Creator. Ci-en shall not be responsible for the content of the Plan Agreement, including but not limited to the method of use and whether or not the User is granted permission to use the posted Content.
Article 20 Disclaimer of Warranty and Disclaimer of Liability
Ci-en makes no warranty that the Service will be suitable for the user's particular purpose; that it will have the expected functionality, commercial value, completeness, accuracy, applicability, or usefulness; that the user's use of the Service will comply with applicable laws, regulations, or internal rules of industry organizations; that it will not infringe the rights of third parties; or that it will not cause defects.
The plan membership contract is concluded directly between the Creator and the User, and Ci-en is not a party to the contract, but is in the position of providing a forum for transactions, and is not involved in any way in any dispute between the parties regarding the plan membership contract, and is not liable for any damages. Ci-en shall not be liable for any troubles arising between users or between users and third parties in connection with the Service, even if such troubles are not related to the plan membership contract.
Ci-en shall not be liable for any damages incurred by the user as a result of the user's suspension of use of the service, deletion of user registration or creator registration, deletion of posted data or contents, deletion of creator pages, changes in the content or design of the service, termination of provision, unavailability, loss of posted data or contents, loss of usage history, or malfunction or damage to the user's equipment, in addition to the deletion of posted data or contents and deletion of creator pages.
Ci-en does not warrant that the Site is free of bugs or other defects, and shall not be liable for any damages incurred by users due to defects in the Site. Ci-en is not obligated to repair such defects.
Even if Ci-en is liable to a user for any reason, including but not limited to application of the Consumer Contract Act, Ci-en shall not be liable for damages incurred by the user in connection with the use of the service in excess of the total amount of platform fees paid by the user to Ci-en under Article 18 during the previous 6 months. Nor shall Ci-en be liable for any incidental, indirect, special, future damages or lost profits.
Article 21 Dealing with Troubles
If Ci-en receives a claim of infringement of copyright or other rights by a third party (including users in this section) with respect to posted data or posted content, Ci-en shall contact the user who posted such content and discuss how to respond to the claim to the extent possible. If, after a reasonable period of time has elapsed since Ci-en's contact with the third party, Ci-en is unable to reach a resolution through consultation, Ci-en may delete the posted data/content in question if Ci-en determines that the third party's claims are not without merit after a reasonable review of the posted data/content and the claims/inquiries of the third party.
Article 22 Handling of User Information
The handling of user information by Ci-en shall be in accordance with the "Handling of Personal Information" separately stipulated, and the user agrees to Ci-en's handling of user information in accordance with this "Handling of Personal Information".
Ci-en may, at its discretion, use and disclose information, data, etc. provided by users to Ci-en as statistical information in a form that does not identify individuals.
Article 23 Notification of Changes
Members shall promptly notify Ci-en of any change in their e-mail address or other information provided to Ci-en.
Article 24 Amenities, etc.
The User shall prepare, at his/her own expense, all telecommunications equipment and all other equipment necessary to use Ci-en. The User shall, at his/her own expense, connect the equipment to Ci-en using telecommunication services. In doing so, the User shall take all necessary procedures at his/her own responsibility and expense.
Article 25 Change and Suspension of Ci-en Contents
Ci-en reserves the right to change the terms and conditions, operating rules, or content of Ci-en at any time without prior notice to the user, and the user agrees to accept such changes. Such changes may include, but are not limited to, price changes and partial revision or elimination of Ci-en's content. Ci-en may also suspend Ci-en with a minimum of three (3) months notice. Any such modification or suspension will be announced online or through the means provided by Ci-en.
Article 26 Temporary Suspension of Services
Ci-en may temporarily suspend Ci-en without prior notice to users in the following cases.
- For periodic or emergency maintenance of Ci-en's system
- In the event that Ci-en is technically unable to provide services due to natural disasters such as earthquakes and floods, or riots and power outages
- Other cases in which Ci-en deems it necessary to temporarily suspend Ci-en for operational reasons
Article 27 Compensation for Damages
Article 28 Personal Use of Ci-en
The User may not reproduce, sell, publish or in any other way use any information obtained through Ci-en, except for the User's personal private use, unless approved by Ci-en (including obtaining approval from a third party through Ci-en if such third party has rights to such information; the same shall apply hereinafter in this Article). The User may not reproduce, sell, publish, allow a third party to use, or otherwise make public any information obtained through Ci-en, except with the approval of Ci-en.
Article 29 Prohibited Acts
When using Ci-en, users shall not engage in any of the following acts (including acts that induce or prepare for such acts), which we deem to fall under any of the following or to be likely to fall under any of the following.
- Unauthorized use of user numbers or passwords
- Violating the laws and regulations of the country or region where the User is located when using Ci-en
- Causing physical damage or significant emotional distress to other users
- Acts that slander other users or third parties or that constitute nuisance.
- Infringement of any intellectual property rights, including ownership rights, copyrights, portrait rights, publicity rights, or other legitimate rights of Ci-en or any third party
- Acts that interfere with the operation of Ci-en or cause loss of or damage to Ci-en's credibility.
- Actions that interfere with Ci-en's system or intentionally take advantage of Ci-en's malfunctions, etc.
- Providing benefits directly or indirectly to antisocial forces in relation to Ci-en's services
- To use (including use, diversion, reproduction, reprinting, resale, reproduction, distribution, public transmission, alteration, adaptation, and all other forms of use), the Service (including but not limited to functions, posted data, content, systems, programs, etc.) in order to engage in activities for profit or business purposes, or to prepare for such activities. However, the use of the User's own posted data or content (including business activities) is excluded.
- Other actions that Ci-en deems inappropriate.
Article 30 Cancellation of User Status
Ci-en may suspend or revoke a user's user status without prior notice or demand to the user if Ci-en determines that the user falls under any of the following items or is likely to fall under any of the following items. In such cases, Ci-en will not refund any fees already paid. Ci-en will not compensate for any damages incurred by the user as a result of this action.
- False declaration at the time of user registration
- Falsification of information that has been entered
- Unauthorized use of user number or password
- Interfering with Ci-en's operations
- Delaying or refusing to pay Ci-en's usage fees or other payment obligations.
- Causing damage or significant emotional distress to other users
- If you have not used your ID and password for more than 6 months after user registration.
- Consequences for violating any of these Terms and Conditions
- Other cases in which Ci-en deems you to be inappropriate as a user.
Article 31 Annulment
If the User chooses to delete their account, the User shall notify Ci-en in the prescribed form at least one month prior to the intended cancellation date, and shall immediately pay all debts owed to Ci-en. Ci-en shall not refund any fees already paid to Ci-en. In the event of account deletion, Ci-en will not provide any refunds for the right to use Ci-en, and will be held harmless. If a user's account is terminated, all rights to use the Service will cease, and Ci-en may delete all of the user's posted data and content. Ci-en is under no obligation to restore the User's account, posted data or posted content for any reason whatsoever.
Article 32 Notifications from Ci-en
Notices from Ci-en shall be deemed to have been received by sending an e-mail to the e-mail address registered with Ci-en, and the e-mail shall be deemed to have arrived when it should normally have arrived.
Article 33 Governing Law
Ci-en and these other Terms and Conditions are governed by the laws of Japan.
Article 34 Exclusive Agreed Jurisdiction
In the event that a lawsuit becomes necessary between the User and Ci-en, the court having jurisdiction over the location of Ci-en's headquarters shall be the exclusive court of jurisdiction for the User and Ci-en.
Revised on November 04, 2021