Terms and Conditions

Terms and Conditions

The VTuber Central website located at vtubercentral.com is an online marketplace (the “Marketplace”) where independent artists (“Sellers”, “you” or “your”, as the context requires) upload their art, design products displaying their art, and offer those products for sale to their customers or their potential customers (“Customers”, “you” or “your”, as the context requires). This online community is about celebrating creativity, and we encourage all those visiting, browsing, using or otherwise accessing the Marketplace or using our Services, including Sellers and their Customers (collectively, “Users”, “you” or “your”, as the context requires), to be involved in every aspect of the community – by uploading and displaying art, designing products, offering them for sale to their Customers, browsing art, purchasing products, giving feedback and writing reviews, interacting with Customers, participating in forums, and teaming up with other members of the community to engage in meaningful discussions and to collaborate on projects.

Most importantly, to ensure this online destination for creativity is available for all, it is essential that everyone respects the intellectual property rights of others, including copyrights, trademark rights and publicity rights. Sellers may only upload their original creations and only offer products for sale that display their original creations. If you are uploading or using something that you didn’t create yourself, then you must have permission from the applicable rights holder who owns that content. Respecting the intellectual property rights and other rights of everyone is an essential principle of the Marketplace.

Also, displaying your art on the Marketplace puts it out there for the world to see. You need to be aware that publishing your Content in this way comes with important legal responsibilities. It is your responsibility to make sure you are not violating anyone’s rights or breaking any laws by using the Marketplace, including by publishing your Content, offering your Products for sale and otherwise using or accessing the services, including hosting and facilitation services, that VTuber Central provides in connection with the Marketplace (“Services” or “VTuber Central Services”).

VTuber Central cannot guarantee that all of the Content or Products that Sellers may display or offer complies with this Agreement or the law. Sellers are responsible for their Content and for possessing the applicable rights to the Products they offer, and they are in the best position to respond to inquiries regarding their Content and their Products. Also, if you are just browsing others’ artwork and Product offerings, please respect the intellectual property rights of others and don’t steal their art or anyone else’s. All Users should respect each other and respect the art you find here, and if you do so, you will help make this community a creative, inspiring and enjoyable place.

It is important you read all the terms and conditions in this Agreement, because using the Marketplace means that you accept them all. If you do not agree with all of these terms and conditions or any of our other policies, including our Privacy Policy, and our Service Agreement if you are a Seller (all of which are incorporated by reference in this Agreement), you may not use the Marketplace or any of the Services.

Legal Agreement

All Users are entering a binding legal agreement on the following terms (the “Agreement”). The Agreement is between the User and, as applicable, VTuber Central, VTC and VTuber Central UK (“VTuber Central”, “we”, “us”, and “our” refer to either VTuber Central, VTC and VTuber Central UK as the context requires) and your use of the Marketplace indicates your acceptance of this Agreement.

Eligibility

Our services are available only to, and may only be used by, persons who can form legally binding contracts under applicable law. The Services are not available to persons under 16 years of age. This site will only accept members who are a VTuber or Animated Creator on a well-known platform after a content check where we look for any behaviour that may violate our Terms. 

Amendments to this Agreement

We may amend the terms of this Agreement and our policies from time to time in our sole discretion. We will make reasonable efforts to notify you of material changes either by sending you an email to the email address you have registered with VTuber Central and/or by displaying on our Social Medias about modifications to this Agreement. Either way, your continued use of the Marketplace will constitute ongoing agreement to the terms in this Agreement as updated from time to time.

The Services

The Services, include, but are not limited to, providing a website that facilitates Sellers’ upload and publication of their Content on the Marketplace and their design, sale, offer for sale, distribution, marketing, advertising, and promotion of products that display their Content (“Products”) to their Customers and other Users; offering tools for Users’ discussions and interaction with other Users, including potential Customers’ ability to view, browse, and purchase Products from Sellers; and enabling Users’ ability to receive the commission benefits of the Marketplace facilitation services, including the facilitation of the following: payment processing by third parties, Sellers’ marketing and promotional activities on the Marketplace and offsite, and the distribution and manufacturing of Sellers’ Products by third parties. If a Customer decides to place an order for a Seller’s Product, then based on the Seller’s instructions, the Marketplace will forward the order information to independent third-party fulfillers (“Fulfillers”) or internally who will manufacture and ship the Product in the form specified by the Seller.

Content on the Marketplace may be information, text, data, graphics, images, photographs, sound, video, music or any other material posted online by Users. Any Content that you upload into the portfolio section of your account may be described as your “art”, “works”, “artworks” or “listings”. Your Content may be viewed by all Users of the Marketplace once you elect to send for Review and is approved.

Members

Any User can become a registered User (“Member”) of the Marketplace by setting up an account with our founders. Users are required to use a name and password when registering to become a Member, and Users must become a Member before placing any of their Content on the Marketplace. At any time, VTuber Central may prohibit or restrict Member accounts and usernames, if VTuber Central decides in its sole discretion, that such account, Content or username is inappropriate or otherwise unsuitable for the Marketplace. Content posted by disabled accounts may not be available for public view and associated Products will not be discoverable, viewable or available for sale to Customers, except on the VTuber Central’s own store where we have inventory of remaining items. Users agree that VTuber Central is not responsible for any loss that you or others may directly or indirectly suffer in connection with the disabling of your or others’ accounts.

To help us verify your identity and to protect the security of your account and to comply with the law, you may be requested to provide current and accurate information about yourself (including but not limited to: your name, address, age and other documents that may be legally required). We may also request that you send us additional documents or information to help verify your identity. It is prohibited to use false information or impersonate another person through your account. You agree and acknowledge that if you do not provide the information or documents requested that your account may be terminated or suspended and any of your Seller earnings associated with your account may be delayed or withheld.

Any information you choose to publish in the public section of your profile may be viewed, distributed or linked to within the Marketplace and on the platforms of third parties, such as offsite marketing platforms and social media and you may choose to advertise your Products on offsite platforms. We care about your privacy and you can read our Privacy Policy if you would like to know more about how your personal information is handled.

In the unfortunate event that a Member dies or becomes permanently incapacitated, we will take reasonable steps to work with their successors and assigns. However, for verification purposes, we may request certain information and documents from such deceased or incapacitated Member’s successors, assigns, or their legal representatives, including but not limited to, a death certificate, proof of succession, and/or power of attorney.

Should you choose to leave us voluntarily, this will be an agreement with options open to the member. You must notify VTuber Central admins if you are choosing to leave. VTuber Central has the right to hold and sell any inventory independently on leaving with no commission available to the user. The account will be terminated as will all the IP we hold. You may request your IP to be returned for future use which VTuber Central will provide within reasonable timings and you may negotiate a price to buy your current inventory if desired. We will no longer associate with you but you may be able to return to the platform by written request to the Founders.

In the event of gross misconduct, this includes but is not an exhaustive list; harassment of staff members, inflating prices purposefully, inappropriate behaviour in the public eye, stealing artwork, impersonating someone, buying large amount of your own product, overuse of VTuber Central’s staff, spam posting about the site, misuse of the site and it’s platforms etc. And further including defamatory or false statements made in person or through Social Media accounts about VTuber Central, its members, Founders or consumers including in a jesting manner. VTuber Central, at its discretion, will immediately terminate your store and all inventory will be sold independently or destroyed. IP’s shall not be returned to you and we will no longer associate with you on any platform. You will be given notice that this has happened and a reason as to why your store has been terminated. There may be a deliberation before this happens if VTuber Central needs more information however this will not impact on the final decision made. VTuber Central is not responsible for any loss of earnings due the following circumstances but not limited to; Misconduct process being followed, account termination, account withholding, withdrawal withholding and account suspension. VTuber Central will also not be liable for any damages made during this process or going forward.

Passwords

You are responsible for actions made on the Marketplace using your account, including any Products purchased or sold and any Content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you or any other person.

You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must notify VTuber Central with any details you feel may be relevant and you must change it immediately when access is granted.

If you have suffered an account breach please notify admins within 12 hours of the incident, failure to do so may result in Store Termination. Please reset your password immediately and follow standard procedure in not sharing it with others. During the period of investigation by VTuber Central your store may be down. VTuber Central is not responsible for any loss of earnings due to account breaches or password loss.
For good practice please use an alternative email to secure your store.

User Representations and Warranties

When you upload your Content to the Marketplace you represent and warrant all of the following:

• you own all applicable rights in the Content, including but not limited to intellectual property rights and publicity rights or, if you are not the owner, that you have permission from the owner to display, reproduce, distribute, make, and sell and otherwise use the Content and Products in connection with the Marketplace;
• the Content and Products will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trademark, patent or rights of privacy or publicity;
• your use of the Marketplace will comply with the law;
• the Content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable
• your use of the Marketplace and the Content will comply with our guidelines
• the Content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; and
• the Content is not misleading or deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions, and the Content does not promote Products for uses and to consumers for which the Products are not intended.

VTuber Central reserves the right to review and, in its sole discretion, to disable or terminate your account and to remove from the Marketplace or disable or limit or access to any of your Content or Products, if we believe in our sole discretion that you or your Content breached or is likely to breach this Agreement or an agreement with an applicable third party, violates the law, our IP and guidelines, or any of our policies, or for any other reason.

You acknowledge and agree to your indemnity obligations with respect to any direct or indirect damage to VTuber Central or third parties arising from your breach or alleged breach of this Agreement or any of your representations or warranties, as provided for in the “Indemnity” sections of this Agreement and the Services Agreement.

Last Reviewed: 19th October 2022