“Maizen Sisters” Fan Content Guidelines
These fan content guidelines (these “Guidelines”) are prepared to assist you in creating fan contents using the “Maizen Sisters” characters.
By following these Guidelines, you can use the “Maizen Sisters” characters without asking for and obtaining a separate permission from Maizen Sisters.
For example, you may create a video using a “Maizen Sisters” character and upload it to YouTube to earn advertising revenue subject to the terms of these Guidelines. There is no limit to the amount of advertising revenue you may earn.
Please make sure that the fan content you produce is enjoyable for everyone.
Section 1 (Scope)
- These Guidelines apply to your use of the Characters.
- For the purposes of the Guidelines, the following terms shall have the following meanings:
(1) “Characters” means “ZENICHI”, “MIKEY”, “BANANA”, “CARRIE”, “MARON” and any other characters appearing in “Chapter1” on the Maizen Sisters YouTube channel;
(2) “Mark” refers to “Maizen Sisters” and/or the names of the Characters; and
(3) “Original Works” refers to the illustrations and videos depicting or featuring the Characters.
Section 2 (Essential Requirements)
- When you use the Characters, the Original Works and/or the Marks, whether for non-commercial or for commercial purposes in accordance with Section 3 or 5, respectively, you must:
- Clearly indicate in any work, product or service (excluding YouTube videos) in which the Characters, the Original Works and/or the Marks are used that the work is an unofficial work and is neither created nor approved by Maizen Sisters. You may not use any expression that may mislead others in thinking, that the work is an official work of, endorsed by, or associated with Maizen Sisters.
- You may not use the Characters, the Creative Works and/or the Marks if your use:
– infringes or may infringe the intellectual property, publicity, privacy, integrity or any other rights of Maizen Sisters or of any third party;
-Discriminates, slanders, or insults, facilitates unfair discrimination against, or harms reputation or credibility of others;
– Is connected or likely to be connected to crimes such as fraud, child prostitution, illegal trading of banking accounts or mobile phones, drug crimes, and gambling;
– Is related to or associated with obscenity, child pornography or child abuse;
– Is regarded as disgusting to others in the society, such as due to its cruelty or abuse; or
– In our judgment, is in violation of public order and morals, or infringes on the rights of others.
2. You may not use the Characters, the Original Works, or the Marks for any purpose or in any manner that may harm image, reputation, dignity, or brand value of, or associated with the Characters, the Original Works and/or the Marks.
3. You may use the Marks only to the extent that they are related to the Characters. You may not use the Marks not in association with the Characters. You may not use the Marks as part of a trademark for your goods or services.
4. In order to use a video in the Original Works, you must create original and creative contents by adding a sufficient amount of your creative works to the video and use the video as a part of the secondary creation. You may not simply reproduce the video or publish the video with non-creative edits, such as cutting out part of the video.
Section 3 (Non-commercial Use)
- You may use the Characters, the Original Works and the Marks for non-commercial purposes, if you comply with the essential requirements set out in Section 2. For example, you may create and share fan arts, videos, etc. using the Characters, as long as they are not for commercial purposes. You may also use the Characters and the Original Works in your non-commercial blogs, fan sites, newsgroups, events, etc.
- Any act of obtaining compensation or profit for products or services using the Characters, the Original Works or the Marks shall be considered an act for commercial purposes.
Section 4 (Commercial Use)
- You may not use the Character, the Original Works or the Marks for any commercial purposes, except as expressly permitted in Section 5.
- You may not use the Characters or the Marks for the purpose of advertising or promoting any other business.
Section 5 (Video, Website)
- You may create, distribute and deliver videos using the Characters and/or the Original Works (including streaming, hereinafter the same), and earn advertising revenue from the videos, if you comply with the essential conditions set forth in Section 2, and if all of the following conditions are met:
- All of the videos are free to access;
- The videos are not intended to promote or advertise other products or services;
- No tangible copies of the videos (e.g., DVDs) are sold; and
- The videos are not broadcast or distributed through television broadcasts.
- To illustrate the provisions of paragraph 1, you may upload a derivative work to YouTube or other website and earn revenue through AdSense or other means, but you may not distribute the video on a video distribution platform such as iTunes and earn compensation from viewers, or distribute the video on a subscription channel that charges a subscription fee. The videos must be free to the consumer and must be monetized through advertising or other means.
- You may operate your own website using the Characters, the Original Works and/or the Marks to provide information about the Characters and/or the Original Works, if all of the following conditions are met:
(1) All content on the website is free to access;
(2) The website is not intended to promote or advertise other products or services;
(3) No domain name is used that may mislead people into believing that it is an official Maizen Sisters website;
(4)Third party advertisements on the website do not harm the image, reputation, dignity or brand value of, or associated with the Characters and/or the Marks; and
(5)The website is not for the primary purpose of monetization, such as affiliate services.
Section 6 (Other precautions)
- We may update these Guidelines at any time without notice. Please always come back to this site and check the latest Guidelines when you use the Characters and/or the Original Works.
- The Character, the Original Works, and the Marks are licensed “as is” and without warranty of any kind, including a warranty of non-infringement of any third party right. You must be solely responsible for resolving any claim, lawsuit, or demand from a third party as a result of, or in connection with your use of the Characters, the Original Works or the Marks. We will bear no responsibility whatsoever.
- We may withdraw the permission granted to you under these Guidelines at any time and request that you cease using the Characters, the Original Works and/or the Marks on a case-by-case basis, if we determine at our discretion that such an action is necessary or appropriate for the purpose of maintaining the image, reputation, dignity, and/or brand value of or associated with any Character, Original Work, and/or the Mark or for other reasons.
- These Guidelines shall be interpreted in accordance with the laws of Japan.
- Any dispute arising out of or in connection with these Guidelines shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
Enacted on August 16, 2021