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THIS IS AN AGREEMENT BETWEEN AlphaCreatio AND YOU. YOUR USE OF THE TRANSLATION FUNCTION OFFERED BY AlphaCreatio THROUGH OR IN CONNECTION WITH ITS MANGANOVEL WEBSITE "www.manganovel.com" ("TRANSLATION FUNCTION") IS OFFERED TO YOU BY AlphaCreatio CONDITIONED ON YOUR ACCEPTANCE OF AND CONTINUED ADHERENCE TO THESE TERMS OF USE FOR TRANSLATION USERS (THESE "TRANSLATION TERMS"). BY CLICKING "I AGREE" BELOW, YOU ARE SIGNALING YOUR AGREEMENT TO BE BOUND TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MUST REFRAIN FROM USING THE TRANSLATION FUNCTION.
1. Consent to the Translation Terms
1.1
If you desire to use the Translation Function of this website ("Manganovel Website"), you must agree to these Translation Terms as well as the Terms of Use for all Manganovel Users which you have already agreed (the "General Terms") and which are hereby incorporated by reference (the Translation Terms and the General Terms, collectively, the "Terms").
1.2
The Translation Function is available only to Users who have redeemed Points to purchase comic (i.e. manga) content and who have agreed to these Translation Terms.
1.3
AlphaCreatio reserves the right at any time upon prior notice, in its sole discretion, to revise or update these Translation Terms. Such revisions or updates shall be posted on the Manganovel Website 24 hours in advance of the time at which the revised Translation Terms are to go into effect. By continuing to use the Translation Function after the posting of any such revision, you agree to be bound to and to adhere to the revised Translation Terms. At all times, the then current version of the Translation Terms shall apply to your use of the Manganovel Website.
2. Translation Function
2.1
The Translation Function consists of the following.
a. Provision of Translation Layer application software, which is downloaded by you.
b. Any products or services directly and/or indirectly related to the foregoing software and services
2.2
With or without prior notice, AlphaCreatio reserves the right, in its sole discretion, to change the content of the Translation Function without notice to you.
3. Intellectual Property Rights
3.1
All right, title and interest in and to any and all content displayed on, performed, streamed through or posted on the Manganovel Website including, but not limited to, the graphic images, sounds, audio visual works, textual works, software, scripts, and any other graphics contained therein (collectively, "Manganovel Content"), is owned by Manganovel or its licensors, and is protected by the copyright and other intellectual property rights of Japan, the United States of America and the laws of other countries and international conventions.
3.2
Subject to your compliance with and agreement to the Terms, AlphaCreatio hereby grants to you a personal, non-transferable, non-royalty bearing, limited right and license to use the Translation Function to translate in English or Spanish, (i) the textual comic content designated by AlphaCreatio from time to time for translation, (ii) comments submitted by other Users, for the sole purpose of translating it and submitting it to AlphaCreatio. You may only submit your Comic Translation to AlphaCreatio and you may not use, reproduce, distribute, perform or display your Comic Translation for any other purpose or in any other media. AlphaCreatio and its licensors hereby reserve all other rights and interests in and to the Manganovel Content.
4. Submission of Translation
4.1
Subject to your compliance with and agreement to the Terms, you may submit to AlphaCreatio for its consideration your Comic Translations. AlphaCreatio reserves the right to evaluate your Comic Translations before deciding whether to post it on the Manganovel Website. Nothing herein obligates AlphaCreatio to post your Comic Translation and AlphaCreatio may, in its sole discretion, revise, refuse to post or later delete your Comic Translation in whole or part. AlphaCreatio also reserves the right to decide whether your Comic Translation is appropriate and complies with these Translation Terms.
4.2
In consideration of the right and license granted to you under Section 3.2 to use the Translation Function and other consideration which is hereby acknowledged by you, you hereby grant to AlphaCreatio a worldwide, non-royalty bearing, non-exclusive, irrevocable, transferable in whole or part, severable, sublicenseable right and license to use, reproduce, distribute, prepare derivative works of, publicly perform, and publicly display the Comic Translation, without restriction, limitation or reservation of any kind, in any media or context now known or hereafter developed (This includes the right of AlphaCreatio to sublicense your Comic Translation for publication, in hard copy or electronic form, to licensors, with or without consideration ). Any future modification or additional term or condition to the foregoing assignment and/or grant of license proposed by you shall not be binding on AlphaCreatio unless and until such modification or addition is agreed to by AlphaCreatio in writing.
4.3
You hereby represent and warrant that you have, and shall have at all times in the future, all rights necessary for you to grant the foregoing non-exclusive license to AlphaCreatio. You further hereby represent and warrant that the Comic Translation and your submission to AlphaCreatio complies with the Translation Terms and all applicable law of the jurisdiction in which you reside. You must comply with Article 5 of the Translation Terms and other terms and conditions provided when submitting Comic Translation.
4.4
You will not execute any moral rights with respect to the Comic Translation you have submitted to the Manganovel Website, against AlphaCreatio, any of its licensors and against any permitted third party licensees to use, reproduce, distribute, prepare derivative works of, and publicly display the Comic Translation in any media now known or hereafter developed. You agree that you will not transfer or license any of your rights related to the Comic Translation in a manner that may undermine, impede or infringe the rights, titles and interests you have granted to AlphaCreatio.
By submitting your Comic Translation you agree not to enforce against AlphaCreatio, any of its licensors, its licensees or any other third party any "moral rights" you may possess with respect to your Comic Translation. You further agree not to take any action or make any omission with respect to the Comic Translation that would in any way undermine, impede or infringe the rights, titles and interests you have granted to AlphaCreatio hereunder.
5. Rules for point acquisition
5.1
AlphaCreatio will award you Points when Users purchase your Comic Translation. The number of Points that you are awarded your Comic Translation will be posted on the page where comic content may be purchased. The number of Points that you will be awarded for your Comic Translation per purchase, will be half of the number of points redeemed by the purchaser for view and/or download of your Comic Translation.
5.2
You will be awarded Points according to the number of your Comic Translations that are purchased by Users through the Manganovel Websites. AlphaCreatio will let you know by e-mail of how many Points you have earned.
5.3
Points have no cash or monetary value and, except as provided in the General Terms, Points are nonrefundable. AlphaCreatio does not recognize the transfer of Points. You may not purchase from other users sell, gift or trade Points, or offer to purchase from other users sell, gift or trade Points, and any such attempt shall be null and void. Points are for personal use only and may not be sold or transferred to another person. Your only recourse for using Points is to obtain Pay Services provided in the Manganovel Website. Accordingly, you may not sell Points for "real" money or otherwise exchange items for value outside of the Manganovel Websites. The laws of the country and/or state where you reside may not allow such restrictions to be placed on the Points you hold, so the above limitations may not apply to you.
6. Application of the General Terms
6.1
The General Terms shall be applied to any item, which is not provided in the Translation Terms.
This Translation Terms shall take effect on June 15, 2007.
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