「みんなで翻訳」への作品提供に関する規約

This agreement was originally written in Japanese. This is a translation, intended for reference only.
Should there be any contradictions with the original document, the Japanese version shall be considered the true agreement.

The definitions of the terms used in this agreement are as follows.

1. "This agreement" refers to the "Agreement regarding the provision of creative works for "Translators Unite"".
2. "The company" refers to EISYS, Inc.
3. "This service" refers to services provided by the company under the name "Translators Unite".
4. "DLsite" refers to the digital content sales service offered by the company under the name "DLsite".
5. "Circle" refers to individuals and corporations that have agreed to the company's separate "Circle Agreement" and completed the company's procedures to be registered as sellers on DLsite.
6. "Circle works" refers to creative works such as manga, stories, games and audio that circles sell on DLsite.
7. "Registered translators" refer to individuals and corporations that have completed procedures determined by the company to be registered as translators.
8. "Translated works" refers to works such as manga, writing, games, audio, etc. that have been translated from circle works and created through this service by registered translators.
9. "Relevant agreements" refers to this agreement in addition to the DLsite User Agreement, Circle Terms of Use and other relevant agreements, guidelines, rules and policies governing the use of services provided by the company.
10. "Intellectual Property Rights" refers to copyrights, patent rights, utility models, design rights, trademark rights and any other intellectual property rights (including the rights to obtain/apply for these rights).
11. "Content" refers to writing, audio, music, images, video, software, programs, code and other information.

1. This agreement is intended to establish the rights and obligations between the company and circles with respect to the terms of provision and terms of use of this service.
2. This agreement constitutes a part of rules of use in Article 2 of the DLsite User Agreement, and on points for which rules are not stated in this agreement, the relevant agreements will apply.
   If the contents of this user agreement differ from other relevant agreements, the regulations in this agreement shall have precedence.

Circles are required to follow this agreement and its rules wehn using this service.
Circles cannot use this service without consenting to this agreement, and commencement of use of the service by a circle will be treated as consent to this agreement.

1. The company reserves the right to make changes to this agreement in part or in whole when it deems it necessary.
   In such cases, the company will display the new rules as well as their effective date via a post on this service and other appropriate means, or by notifying circles via means determined by the company.
   However, should the scope of changes legally require the consent of the circle, the company shall obtain the circle's consent via means determined by the company.
2. Use of this service after changes to this agreement shall be treated as consent from the circle to the new agreement.

Circles shall, in accordance with the following terms, license rights of translations etc. for circle works to the company.

Circle works chosen by the circle from their Manage Works page on DLsite (hereinafter, works chosen by the circle shall be referred to as "circle designated works").

The right to translate designated circle works, and the rights of use (including reproduction, presentation/screening, public transmission (both automated public transmission, and making available for transmission), dictation, exhibition, distribution, transfer, lending and translation (where restrictions are to be placed on the languages for translation, prior to the selection of works described in section (1), words to that effect shall be communicated to the company by means determined elsewhere by the company) of translated works produced through that translation.) These rights shall be sublicensable and applicable throughout the world, and the license to translate the designated Circle Work shall be non-exclusive.

The licensing fee shall be calculated based on total sales of translated works, which sum shall be the sale price for translated works as based on the wholesale price obtained via use of the table in the Circle Terms of Use (7. Sales commissions) with the translation commission (the amount calculated by multiplying the circle's designated translation commission rate by the translated work's sale price) deducted.
However, if the registered translator refuses receipt of the translation commission, this shall not be taken into consideration when calculating the license fee.
The payment schedule and method for the license fee will be based on the wholesale price rules in the Circle Terms of Use.

The license shall commence at the moment of work selection as described in Article 1, and shall end 90 days after days described below, whichever is sooner.
Rules regarding the handling of translated works after the license period has ended will follow the Circle Terms of Use (2. Period of validity).

• 1) The day that the company receives a notification by means specified by the company indicating the circle's wish to terminate the license.
• 2) The day that the circle deletes their registration.

1. With regards to translation for this service, the system provided by the company or by Mantra Inc. (hereinafter "Mantra") will be used. Responsibilities related to the Mantra service shall be borne by Mantra.
   Use of Mantra is undertaken under the terms of use and other regulations stipulated by Mantra Inc.
2. The circle shall grant Mantra Inc. the right to use circle works within a reasonable scope for the following purposes:
   1. For the purpose of the company or registered translators translating circle works using Mantra
   2. For the purpose of data analysis for the improvement of Mantra's ease of use
3. The company shall sub-license the selected circle works to translators who wish to translate them.
   The sub-license shall be based on this agreement, and shall be enacted only within the duration and scope required for the creation of translated works.
4. If, after the circle has selected circle works, the circle makes changes or additions to the relevant works, the company, at its own discretion, may request the reflection of these additions or changes in the translated work, but makes no guarantees that they will be reflected.
5. Translation of designated circle works shall be done through registered translators' own volition.
   As such, the company makes no guarantees that third parties shall translate the designated circle works, or that a license fee will result from said translation.

The circle agrees to sell the translated works translated by the service exclusively on DLsite. The selling price of the translated works at DLsite shall be based on the price of the circle's works before translation, and the company shall pay the circle the license fee stipulated in Article 5.3 as consideration for the sale of the Translated Works.

1. The circle shall have the copyright to their own works, and the rights as copyright holders of works on which translated works are based.
   However, they may not infringe on the terms of the license stipulated in Article 5 with respect to translated works.
   The copyrights to translated works, as derivative works, belong to the company.
   The company shall not, without the circle's prior consent, use the translated works for purposes other than for the sale of the translated works or for marketing.
2. The circle shall not exercise, or allow a third party to exercise, personal authorship rights against the company or individuals the company has permitted to receive rights, or who has succeeded to rights, with respect to designated circle works and their translated works.

1. The circle shall make clear and guarantee to that company that, with respect to their own circle works, they possess the rights of reproduction, presentation/screening, public transmission (both automated public transmission, and making available for transmission), dictation, exhibition, distribution, transfer, lending and translation, and that the circle works do not infringe upon the copyright or other rights of third parties.
2. The company may, in the event of the circle's infringement of the law or this agreement with respect to circle works, or if reasonable concern that such infringement has occurred, or if other reasonable grounds exist, without notification to the circle, remove all the circle works and their translated works from public availability, or delete them.

The circle is forbidden from the following acts, and from behavior that the company determines as tantamount to the following acts.

1. Acts that violate the relevant agreements
2. Unauthorized access to this service, the company's translation service, or to Mantra's network or system, causing system overloads, or conducting reverse-engineering or other forms of analysis
3. Acts that give rise to, directly or indirectly, the matters described above, or acts which facilitate them
4. Other acts deemed inappropriate by the company

1. The company shall bear no responsibility, excepting instances resulting from the company's bad faith or gross negligence, for any damages to the circle resulting from their use of this service.
   However, where the contract between the company and the circle constitutes a consumer contract as defined by consumer contract law, the company shall not bear responsibility for compensation for losses stemming from lost profits and other special circumstances in the case of negligence (excluding gross neglicence) on the part of the company resulting in defaulting on a debt or an unlawful act, and within the usual scope of damages, the company's indemnity liability shall be limited to to the usage fees received for the month in which the circle suffered the relevant losses for this paid service.
2. In the case of gross negligence on the part of the company resulting in losses to a user, the company shall not bear responsibility for compensation stemming from lost profits and other special circumstances, and within the usual scope of damages, the company's indemnity liability shall be limited to to the usage fees received for the month in which the circle suffered the relevant losses for this paid service.
   However, this does not apply in the case where the contract between the circle and the company with respect to this service constitutes a consumer contract.
3. Regarding dealings, communications or disputes between the circle and third parties (including registered translators) with respect to this service, they should be resolved by the circle themselves, and the company bears no responsibility for their outcomes.
4. The circle is responsible for the prompt payment of compensation as demanded by the company for any losses direct or indirect (including legal fees for conflict resolution and loss of profits) resulting from the circle's use of this service (including complaints from third parties