Hello users. This is NEXT LEVEL Studio Inc. (hereinafter, the “Company”) that grows together with creators.
These Terms and Conditions for Secondary Creation (hereinafter, “these Terms”) are intended to stipulate the rights, obligations, and responsibilities between the Company and the Member related to the use of secondary creation provided by the Company on Pixelplus and other necessary matters.
Please check the following before using Pixelplus secondary creation.
1. Definitions
The terms used herein are defined as follows. However, for the terms not defined in separate terms and conditions, definitions in the Terms of Service or other separate terms and conditions shall apply:
1.
“Secondary Creation” refers to the service where the Member who purchased the Plan of the Secondary Product can transform and reprocess the Copyrighted Work for the relevant Product (hereinafter, the “Secondary Creation”) and register as the Secondary Product.
2.
“Primary Creator” refers to the Member who registered the Copyrighted Work which was created by him/herself or of which he/she holds copyright and which does not infringe on a third party’s copyright, as the Primary Product.
3.
“Secondary Creator” refers to the Member who has done “Secondary Creation” to the Copyrighted Work of the Primary Creator’s product and registered it as the Secondary Product.
4.
“Share Ratio for the Primary Creator” refers to a fixed ratio (%) at which revenue generated from the sale of the Secondary Product is distributed to the Primary Creator.
2. Operation of the Secondary Creation
1.
The Secondary Product shall be unveiled on the Service if approved by the Company in the screening process.
2.
The Secondary Product shall be launched for sale only after the Company approves it in the screening process and the Primary Creator approves its sale.
3.
Revenue generated from the sale of the Secondary Product shall be distributed by agreement between the Primary Creator and the Secondary Creator according to the revenue share ratio set for the Secondary Product by judging the Approved Seller’s actual revenue based on the standards defined below.
Approved Seller | Share Ratio of Sales Revenue of the Secondary Product | Approved Seller’s Actual Revenue |
Primary Creator | Share ratio for the Primary Creator | Sales revenue of the Secondary Product x “Share ratio for the Primary Creator” |
Secondary Creator | 100% - Share ratio for the Primary Creator | Sales Revenue of the Secondary Product x (100% - Share ratio for the Primary Creator) |
4.
In the event a copyright issue occurs on the Primary Product’s Copyrighted Work, sales of the Secondary Product may be suspended.
5.
The Secondary Creation is not provided for the Tutorial, and the registration of the Secondary Product is not allowed.
3. Rights and Obligations of the Primary Creator and the Secondary Creator
1.
The Primary Creator may set consent to permission of the Secondary Creation to each Primary Product he/she registered (hereinafter expressed as “setting permission on secondary creation”).
2.
The Primary Creator shall authorize the Member who purchases the Product that Primary Creator has set permission on secondary creation to make secondary creation of the Copyrighted Work in the relevant product.
3.
The Primary Creator may approve the sale of the Secondary Product by comprehensively judging the information of the Copyrighted Work secondarily created and the Secondary Product.
4.
The Primary Creator and the Secondary Creator shall determine the Share Ratio for the Primary Creator in a way the Service is provided.
5.
The Primary Creator may set the Share Ratio for the Primary Creator that should be at least guaranteed at the time of setting the permission on the Secondary Creation.
6.
The Primary Creator may approve the sale by comprehensively judging the Share Ratio for the Primary Creator proposed by the Secondary Creator and the information of the Copyrighted Work secondarily created and the Secondary Product.
7.
If the Primary Creator has approved the sale of the Secondary Product, he/she shall ensure that the secondary Creator can sell the Secondary Product without fail
8.
The Primary Creator may not withdraw or reverse his/her setting of permission on secondary creation or approval of the sale of the Secondary Product.
9.
In the event where the Copyrighted Work in the Primary Product has copyright issues stipulated in Article 2(4) of these Terms, the Primary Creator shall assume responsibility such as compensation for damages incurred therefrom.
10.
When making the Secondary Creation for the Secondary Product, the Secondary Creator shall create it only by using the Copyrighted Work in the Primary Product and the copyrighted work created by the Secondary Creator.
11.
The Secondary Creator’s right to sell the Secondary Product may solely be authorized by the Primary Creator through these Terms.
12.
The Primary Creator and the Secondary Creator may not sell the Secondary Product in any method other than through Pixelplus such as other services or sellers.
13.
If the Primary Creator desires to terminate the authorized admission to sell products, the Primary Creator’s right to acquire all actual revenue from the Secondary Product that has been already generated or is expected to be generated at the Share Ratio for the Primary Creator (hereinafter, the “Primary Creator’s Right to Revenue Share”) shall not be extinguished, and the Primary Creator shall consent to make a transfer thereof to the Company, the service provider, to enable continued transactions of the Secondary Product based on Paragraph 7 of this Article.
14.
If the Primary Creator desires to terminate the authorized admission to sell products without consent to Paragraph 13 of this Article, he/she shall submit to the Company written agreements with all Secondary Creators to suspend the sale of the Secondary Product based on Paragraph 7 of this Article.
15.
If the authorized admission to sell products is already terminated without fulfillment of Paragraphs 13 and 14 of this Article by the Primary Creator, the Primary Creator’s Right to Revenue Share is deemed transferred to the Company from the Primary Creator.
16.
The Primary Creator may not cancel or reverse the Primary Creator’s Right to Revenue Share which has been already transferred or is deemed transferred.
Matters regarding the Secondary Creation not stipulated herein shall be in accordance with the Terms of Service, announcement, and the contents displayed on the service screen of Pixelplus.
