「みんなで翻訳」翻訳者利用規約

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 Translators Unite "Translator User Agreement".
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 designated 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).

1. This agreement is intended to establish the rights and obligations between the company and registered translators with respect to the terms of provision and terms of use of this service, and applies to all matters relating to the use of this service between the company and registered translators.
2. This agreement constitutes a part of the 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.

Registered translators are required to follow this agreement and its rules when using this service. Registered translators cannot use this service without consenting to this agreement, and commencement of use of the service by a registered translator 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 registered translators via means determined by the company. However, should the scope of changes legally require the consent of the registered translator, the company shall obtain the registered translator'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 registered translator to the new agreement.

To make use of this service as a registered translator, certain procedures specified by the company must be undertaken to register as a registered translator. Additionally, to register as a registered translator, DLsite user registration and circle registration must be completed. Should either DLsite user registration or circle registration be deleted, regardless of the reason, registration as a registered translator will also be deleted.

1. With regards to translation for this service, the company's translation system, or the system provided 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. Registered translators may, if there are designated circle works which they wish to make translated works from available, through means determined by the company, apply to the company to translate said works. The registered translator may only apply to translate designated circle works that the registered translator in question has themselves purchased on DLsite.
3. When such an application as detailed in the previous section occurs, the company shall, after conducting screening based on the company's own standards, license the right to create a translated work of the designated circle work in question using this service, to registered translators who pass the screening. The duration of this license shall last from the moment the screening described in this section is passed, to one of the following times, whichever is sooner.
   1.  When the receipt and inspection of the translated work as described in section 5 of this Article is complete.
   2.  Three months from the moment screening was passed.
4. Registered translators are required to observe the following protocols when creating translated works.
   1.  Registered translators should not make changes to the content of the original work that exceed the bounds of translation, such as changing the meaning of expressions, revising, abbreviating or expanding contents.
   2.  Registered translators must not infringe on the intellectual property rights or other rights and interests protected by law or by contracts of third parties, such as by using text for which another person holds the copyright.
   3.  The creation of translated works must be conducted on Mantra or the company's translation system.
   4.  Unless otherwise permitted by the company, the registered translator may not use automated (machine) translation systems other than those contained in the previously stipulated systems.
5. The registered translator shall, on completion of the creation of the translated work, by means determined by the company, notify the company of said completion, and the company shall, after receipt, inspect the work without delay, and report the results of that inspection to the registered translator. Only works that pass inspection shall be eligible for sale on DLsite.

1. The company shall pay to registered translators, as a translation fee, an amount calculated by multiplying the value of total sales of the translated work (excluding tax) by the translation fee rate. The translation fee rate shall be set according to the designated circle work, and can be checked when selecting a translated work
2. The payment schedule and method for translation fees will follow the rules specified in the Circle Terms of Use (7. Sales commissions).
3. Registered translators may choose not to receive the translation fee described in this Article. In such cases, the translation fee in its entirety will revert to the circle to whom the original circle work belongs.

1. The copyright to translated works (including the rights in Articles 27 and 28 of the Copyright Law of Japan), on completion of receipt and inspection as described in Article 6, shall be transferred from the registered translator to the company.
2. Registered translators shall not, with respect to translated works that they have translated, 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 translated works they have translated.

1. Registered translators shall declare and guarantee that their translated works do not infringe on the intellectual property rights or other rights of third parties. However, this does not apply if such infringement stems from the original work infringing on a third party's intellectual property rights or other rights.
2. The company may, in the event that a designated circle work or translated work is in violation of the law or this agreement, are deemed to be at risk of such a violation, or there are other reasonable professional grounds, remove the work from public consumption or delete it without prior notice to the registered translator.

1. Registered translators may only use designated circle works in accordance with this agreement for the purposes of producing translated works through this service. Moreover, translated works (including incomplete works still in production) may not be utilized for any purpose other than the creation of translated works through this service.
2. The company may, in any of the circumstances detailed below, and without prior notice to the registered translator, terminate or suspend the license for the designated circle work, and/or terminate or suspend sale of the translated work. The registered translator shall accept in advance that such circumstances that prevent the completion of the creation of the translated work may occur.
   1.  If it is discovered that the individual who licensed the designated circle work to the company did not possess the necessary rights, or where the company determines there is a risk of same.
   2.  If the contract relating to the license to the designated circle works between the company and the individual who licensed the works comes to an end.
   3.  If the individual who licensed the designated circle works to the company requests a termination or suspension of the license.
   4.  If the company determines that, according to the relevant agreements, continuation of sale would be inappropriate.
   5.  In other cases where the company determines that circumstances render provision infeasible.
3. Even in such cases where loss or disadvantage to the registered translator occurs as a result of the measures in the previous section, the company bears no responsibility.

1. The registered translator 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 may, if any of the circumstances detailed below occur or apply, or which the company deems at risk of occurring or applying with respect to the registered translator, without prior notice to the registered translator, terminate their use of this service in part or in whole, terminate or delete their account, terminate contracts related to this service between the registered translator and the company (including contracts based in this agreement, and the same applies hereinafter), or take any other measures the company deems necessary, appropriate and reasonable.
   1.  Violations of any part of this agreement.
   2.  Registration of false information.
   3.  Payments are suspended or the registered translator becomes insolvent, or undergoes bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or begins special liquidation, or if there is a petition for any of the above.
   4.  The individual is a member of anti-social forces, or connected with same.
   5.  Other circumstances which the company determines as reasonable grounds for the termination of use of this service.
2. Should any of the circumstances detailed in the above section occur, the registered translator must repay any debts to the company, immediately, losing any usual grace period for same.
3. Should any loss or disadvantage to the translator occur as a result of measures specified in section 1, the company shall bear no responsibility for such loss or disadvantage.

1. In addition to the deletion of registration via the measures specified in the previous Article, a registered translator may at any time, through means elsewhere specified by the company, end their registration as a translator (referred to as "registration coming to an end", both in this case and the cases specified in the previous Article).
2. If a registered translator's registration has come to an end, the registered translator loses the right to the translation fee specified in Article 7.
3. In order to communicate the fact that a translated work was translated by a registered translator whose registration has come to an end, the company shall change the displayed translator's name to one of its choosing.
4. Even after a registered translator's registration has come to an end, the regulations of Articles 8 and 14 shall remain in effect.

1. The company shall bear no responsibility, excepting instances resulting from the company's bad faith or gross negligence, for any damages to the registered translator resulting from their use of this service. Where the contract between the company and the registered translator 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 negligence) 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 the usage fees received for the month in which the registered translator 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 the registered translator, 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 the usage fees received for the month in which the registered translator suffered the relevant losses for this paid service. However, this does not apply in the case where the contract between the registered translator and the company with respect to this service constitutes a consumer contract.
3. Regarding dealings, communications or disputes between the registered translator and third parties (including circles) with respect to this service, they should be resolved by the registered translator themselves, and the company bears no responsibility for their outcomes.
4. In the event that the company suffers losses (including legal fees) either directly or indirectly in relation to either the registered translator's use of this service, or to the translated works they have created (including instances of complaints from third parties to the company), the registered translator is required to promptly pay compensation in line with the company's application for same. However, this does not apply if such losses occur as a result of the original work being an infringement of a third party's intellectual property rights or other rights.