Monchhichi ART BANK

Monchhichi Art Bank Rules

Please carefully read these rules before using the internet website/Monchhichi Art Bank of Sekiguchi Inc. (hereinafter “Our Company”). If your company decides to use this website, your company will be deemed to have read these rules and have consented to its entire content. If you do not consent to the content of these rules, we ask you to refrain from using the service.

1. Terms of use of website

If your company wishes to use this site, your company may use it within the scope set forth in these rules by filling in the required items of the use application issued by Our Company, and by Our Company issuing ID and password to your company.

2. Copyright of image and data included in this site

  • Any and all data being used in this site such as image, program, etc. may not be used without the approval of our company.
  • This site is composed of data that includes drawing, photo, movie (applies for both animation and actuality film), texts, music, audio, program etc. (hereinafter, collectively refer to as “Data”), and all of these Data are protected by either copyright or neighboring right, and these rights are owned by Our Company.
  • In the event your company downloads the Data, Our Company who is the right holder of copyright and neighboring right of Data will grant your company the right to use the Data on nonexclusive basis for the purpose of designing the merchandise that includes the Data of Monchhichi, provided, however, that your company may only use these Data within the scope approved in advance by Our Company under these rules, and such approval shall not be construed in anyway as the transfer of the copyright and neighboring right. Please also pay special attention to the fact that when the design is being completed for the object and if your company decides to make the object into a merchandise or mass produce such object, a separate agreement concerning the merchandising right must be executed or otherwise your company will not be able to use the Data, and your company will be subject to the infringement of Our Company’s copyright if failing to execute such agreement. Your company is also strictly prohibited from engaging in acts that will infringe etc. the right of right holder of copyright or neighboring right recognized under the Copyright Law such as reproducing, performing, airing, broadcasting (includes data transmission on internet), selling, advertising part or all of the Data in this site through a purpose or method not approved by the Copyright Law, without the prior written approval of Our Company.
  • When your company downloads the Data, your company may only use it for the advertisement or promotional purposes for your company’s merchandise, or other form of use method specifically approved by the Copyright Law. In line with such policy, your company is strictly prohibited from using the Data through any of the following method.
    • Distribute/sell the downloaded Data to a third party, edit/reproduce/decompile/reverse engineer/reverse assemble all or part of the downloaded Data. For example, extracting character data from this site without Our Company’s approval and use it as the data of your own site by modifying the Data or using the Data the way it is will also correspond to such unauthorized usage.
    • Use it by installing the Data on multiple computers.
  • Any use of Data such as image and program being used in this site without Our Company’s approval is strictly prohibited.
  • The copyright and neighboring right pertaining to the Data is not just being protected by the Copyright Law of Japan which is the place of origin of this site, but it is also being protected by the domestic law of a country that receives this site through treaties such as Berne Convention and Universal Copyright Convention. Because of this reason, if you engage in an illegal use of the Data outside of Japan, you may still be subject to the infringement of the Copyright (Neighboring right).

3. Compliance Item

  • The Data may not be used for merchandise and service that contains violent expression and other form of expression deemed inappropriate from the standpoint of fostering of youth.
  • Please make sure to indicate the following copyright notation per individual merchandise and service upon using the Data.

    ©○○○○ (Production year) Sekiguchi Co., Ltd.

  • When adding the notation that displays “モンチッチ” or “MONCHHICHI” on the merchandise or service, please make sure such notation does not deviate greatly from the image of Monchhichi by recognizing that Monchhichi is a character that is popular among a large number of young people.
  • Aside from the above, please refrain from using the Data in ways that are prohibited by Our Company under this site that we see it as damaging the image of Monchhichi .
  • Your company may not handover or transfer any right or authority that you have toward Our Company to a third party. Your company may not allow a third party to use this site by transferring or notifying the ID and password to such third party.
    Furthermore, the ID and password being issued to your company by Our Company may only be used by your company’s designer described on your application form.
    In the event the ID and password that we issued to your company is being used improperly by a third party other than such designer (includes executive/employee who is not your company’s designer) and copyright infringement has been discovered, such infringement will be deemed to have been caused by your company, and your company will compensate for the damage arising from such infringement to Our Company.

4. In the case of violating these rules

In the event your company violates any of the provision under these rules, Our Company may terminate the agreement between your company concerning the use approval of the Data without any notice. In the event Our Company terminates such agreement, your company must immediately suspend the use of the Data and at the same time delete the entire downloaded Data and its reproduction (copy).

5. Change of terms of use

Our Company may revise, add, change or discontinue these rules without sending any notice to your company.

6. Personal information protection policy

Our Company will strictly manage your company’s personal information that we collected through this site pursuant to the separately stipulated “Personal information protection policy”.

7. Disclaimer

  • Our Company will not provide any guarantee regarding content/function of Data and other Data related items.
  • Regardless of whether explicit or implicit conditions, Our Company will not provide any guarantee regarding the data. The provided state of the Data will be the same as the downloaded state by your company, and irrespective of such downloaded state, your company will assume any and all burden concerning costs required for fixing the damage etc. Furthermore, Our Company will not be liable in anyway concerning the damage incurred by your company stemming from the use of the Data. In line with this policy, please note in advance that in the event of occurrence of the following items, Our Company will not carry out any measures such as accepting the complaint, paying for the costs, compensating for the damage, etc.
    • Occurrence of problem concerning the content of the Data (includes normality, accuracy, reliability, marketability, and suitability toward specific purpose).
    • Occurrence of interruption or error on the downloaded Data function
    • Occurrence of failure concerning sending/receiving of Data.
    • If virus or harmful object was found on the Data or server of Our Company

8. Governing law and jurisdiction

In the event of arising of a legal action between your company and Our Company in connection with these rules, by corresponding to the amount in controversy, Tokyo Summary Court or Tokyo District Court shall serve as the agreement jurisdictional court of the first hearing.