"Uh thank you all for coming thank you! now... gebaoubba here!!! uh nekusto human come on!"Inugami Korone

Nijisanji L Collection

Nigel Nigerman

Once ya go Nigga, you'll never get bigga.
Joined:  Dec 22, 2022

RestlessRain

Well-known member
Early Adopter
Joined:  Sep 21, 2022
I think she will be fine. While any chance to join Phase Invaders probably evaporated, Phase talents would still collab with her. As for blacklists, don't think it matters that much, since Nijisanji already made her persona non grata last year.
Does her getting booted from Nijisanji jeopardize her chances with Phase Connect? A year ago, I would have said yes. Now, with everything we know, I feel like you can't hold her actions against her when she was responding in the most reasonable way she could to extremely unreasonable circumstances. I think she would really appreciate a company that treated her well, similar to other girls like Airi and Shiina who have had experiences in black companies.

I still think she's a likely Invader candidate. She's done collabs with a bunch of Phase girls. She's in the right range for her CCV numbers - a level where she'd fit in with the rest of the girls without being too small or large (each of which I feel would lead to problems). I think she's different enough in her content and style that she's not overlapping with other talents, and she definitely has Phase Connect sad girl energy. And I'd guess an Invader addition in mid-June.

Anyway, rrats are easy to write. We'll see what happens when the next Invader group gets added.
 

The Rrat

Phoneposting, Rat-loving menace
Early Adopter
Joined:  Sep 9, 2022
Does her getting booted from Nijisanji jeopardize her chances with Phase Connect? A year ago, I would have said yes. Now, with everything we know, I feel like you can't hold her actions against her when she was responding in the most reasonable way she could to extremely unreasonable circumstances. I think she would really appreciate a company that treated her well, similar to other girls like Airi and Shiina who have had experiences in black companies.

I still think she's a likely Invader candidate. She's done collabs with a bunch of Phase girls. She's in the right range for her CCV numbers - a level where she'd fit in with the rest of the girls without being too small or large (each of which I feel would lead to problems). I think she's different enough in her content and style that she's not overlapping with other talents, and she definitely has Phase Connect sad girl energy. And I'd guess an Invader addition in mid-June.

Anyway, rrats are easy to write. We'll see what happens when the next Invader group gets added.
Probably depends on whether they are interested in playing nice with Niji JP for the sake of the Phase JP branch.
 

RestlessRain

Well-known member
Early Adopter
Joined:  Sep 21, 2022
Probably depends on whether they are interested in playing nice with Niji JP for the sake of the Phase JP branch.
I'm not saying it's impossible - we never saw the Lia/Pomu collab coming, after all - but this is like not getting a girlfriend in case you meet Gura one day.
 

MerelyTourist

jkterjter jkterjtier
LM's Ladyboy
Joined:  Feb 5, 2024
Reddit riot report:
Reply from someone who claim relevant experience:
1709810735747.png



Yet another "how to salvage" longpost (ramblings not worth archiving):
Reports of nijisister hatred ramping up yet again.
1709811194347.png

And some astute observation:
1709811558932.png


Vivi got 100k. yupee, i guess People note that "paladins" is not copyrightable. "kindred" too though.


Some brainded take just for lulz:
1709813011893.png


Someone living under a rock and baned from google:
1709813978605.png


And some translations from Yahoo (as of today, stock bros still largely in denial):
https://archive.ph/e55OA
 

Laidho

Avalon's Most Wanted
Joined:  Sep 9, 2022
Anyway, rrats are easy to write. We'll see what happens when the next Invader group gets added.
:baeJam::baeJam::baeJam:

Man, I love rats. They're pretty cute.

I'm hoping for the best, but expecting the worst.

Anyway, from yesterday where a schizo tried to bot a 1k Niji to beat IRyS on her karaoke marathon.

image.png

The attempt didn't go as planned.


image.png
 

Bronze

Well-known member
Joined:  Nov 2, 2023
Probably depends on whether they are interested in playing nice with Niji JP for the sake of the Phase JP branch.
Meloco is Loki's sister so that may be a problem if we lose connection with Niji JP :dokiSmug:
 

The Rrat

Phoneposting, Rat-loving menace
Early Adopter
Joined:  Sep 9, 2022

RestlessRain

Well-known member
Early Adopter
Joined:  Sep 21, 2022
Meloco is Loki's sister so that may be a problem if we lose connection with Niji JP :dokiSmug:
Given that there's like 150 Nijisanji talents in Japan, I'd be surprised if there wasn't at least one vtuber relative in the mix.
 

Bronze

Well-known member
Joined:  Nov 2, 2023
Wait, like, IRL sister?
:whatastory:
That would be pretty interesting but no. I don't think so at least. They have same art mama. She actually called in Loki's Bday
 

Kourai

Not pictured: the will to live
Early Adopter
Archivist
Joined:  Sep 16, 2022
Also anyone have a full copy of the Niji contract?, ive seen some Niji defence shit and im curious if they're telling the truth
Have the contract here to read on your own everyone
This version is stolen from DN, made of stitched together screenshots shown during the stream

For searchability, here is OCR text of Depressed Nousagi's screenshots of the Nijisanji talent employment contract template streamed by Legal Mindset on 6 March 2024.
Edit 2024-03-08: This post links to a formatted text Google doc with stream timestamps.
Edit 2024-03-09: JJuniesmoothie, who claims to be an "international relations nerd" but not a lawyer, has added annotations to both the talent employment contract template and Sayu's unsigned silencing contract, linking to potentially relevant Japanese laws and violations thereof. (Google doc) (Catbox PDF)
BUSINESS ENTRUSTMENT AGREEMENT

ANYCOLOR Inc. (hereinafter referred to as “Party A”) and (hereinafter referred to as “Party B”) entered into the following agreement (hereinafter referred to as this “Agreement”) regarding Party B’s live streaming activities (including uploading a video), recording activities, creation of work, and entertainment activities as a VTuber.

Article 1 Definition

The definitions of the terms used in this Agreement shall be as set forth in the following items. The interpretation of the definitions of terms in this Agreement that are not set forth herein shall be in accordance with the interpretation of the Civil Code, the Copyright Law, and other laws and regulations.

(1) “Individual Agreement” means the agreement entered individually into by and between Party A and Party B with respect to this Agreement and the Program.

(2) “Performance” means the acting, dancing, musical performances, singing, reciting, declaiming or performing in other ways of work, including similar acts which do not involve the performance of a work but which have the nature of public entertainment.

(3) “Phonograms” means fixations of sounds on phonographic discs, recording-tapes and other forms of tangible medium, excluding, however, those fixations [of sound] that are intended to be replayed exclusively with images.

(4) “Program” means the programs related to various performances by VTuber and other performers planned by Party A (in the event that the name or content of a program is changed for whatever reason, the program after such change shall be included).

(5) “VTuber” means the performer mainly live streaming or uploading videos in the Video Hosting Services as the character designated by Party A.

(6) “Images, Etc.” means videos, images, audios, and other contents.

(7) “Distribution of the Contents” means live streaming or uploading of Images, Etc. on the Video Hosting Service account designated by party A as the character designated by party A.

(8) “Video Hosting Service Account” means the account designated by Party A for the Distribution of the Contents on Youtube and other external services.

(9) “Character” means the character separately designated by Party A as the character to be used by the VTuber in the performance.

(10) “Social Media Account” means accounts designated by Party A for the purpose of disseminating information on Social Media as part of the VTuber’s activities, such as accounts in the name of the Character on Facebook, Twitter and other external services.

(11) “Social Media Disseminating” means blogging, tweeting, writing, and other dissemination of information as the Character on the Social Media Account.

(12) “VTuber Training Program” means the training program held by Party A to instruct VTuber on the standards and precautions to be observed in conducting VTuber activities.

(13) “Materials, etc” means Smartphones, applications, software related to the Program, manuals, items, materials, and other equipment necessary for VTuber activities.

(14) “Account” means the Video Hosting Service Account and the Social Media Account.

(15) “Account Information” means User ID and password related to the Account.

(16) “External Services’ means the services provided by other providers that are used for the implementation of activities under the Program.

(17) “External Service Provider” means service providers of external services.

(18) “The External Terms and Use” means the terms and conditions that set forth the relationship of rights between Party B and the External Service Provider.

(19) “Intellectual rights” means copyrights, patent rights, utility model rights, trademark rights, design rights and other intellectual property rights (including the right to acquire such rights or to apply for registration, etc.)

(20) “Confidential Information” means all information regarding Party A’s technology, business, operations, finances, organization, and other matters that Party B has been provided with or disclosed by Party A in writing, orally, or in a recorded medium, or has become aware of, in connection with this Agreement, the Individual Agreements, or the Program (provided, however, except for (i) information that was already generally known to the public or was known to Party B at the time Party B was provided with or disclosed by Party A or became known to Party B through reasons not attributable to Party B; (ii) Information that has become public knowledge through publications or other media after Party B has been provided or disclosed by Party A or has become aware of such information through reasons not attributable to Party B; (v) information for which Party B has received written confirmation from Party A that confidentiality is not required.

Article 2 Purpose

During the term of this Agreement, Party B, as the exclusive VTuber of Party A, shall:

  • Perform the duties set forth in Article 3 (hereinafter referred to as the "VTuber Activities") for Party A or a third party designated by Party A in accordance with Party A's instructions.
  • Not perform these activities for a third party without prior approval from Party A.
Article 3 The Content of VTuber Activities

  1. Content of VTuber Activities:
    • Performing the Distribution of the Contents.
    • Performing Social Media Disseminating.
    • Performing and appearing on television, radio, records, videos, movies, plays, concerts, commercials, etc.
    • Conducting press conferences for television, radio, newspapers, magazines, etc.
    • Any other matters ancillary or related to any of the above items.
  2. Effective Term: The effective term of the VTuber Activities shall be from the date of execution of this Agreement to the date of termination of this Agreement (if the termination date falls during the Individual Agreement's term, then the Individual Agreement's termination date applies).
  3. Location: Party B shall implement the VTuber Activities at the place designated by Party A.
  4. Reporting: If Party A requests a report on the VTuber Activities' implementation status, Party B shall immediately report to Party A.
Article 4 Consideration

  1. Consideration for VTuber Activities:
    • Distribution of the Contents: 50% of the amount received by Party A for the Distribution of the Contents.
    • Exclusive Fee: If Party A requires Party B to purchase new equipment for the Distribution of the Contents and Party B purchases the designated equipment, Party B may charge Party A an amount equivalent to the cost, up to 200,000 yen. However, no fee applies if the Agreement terminates within the first month (including the execution month).
    • Performer's Royalty: Determined upon separate discussion between Party A and Party B.
    • Performance Fee for Live and Concert: Determined upon separate discussion between Party A and Party B.
    • Performance Fee for Movies, TV, Radio, and Commercials: Determined upon separate discussion between Party A and Party B.
    • Merchandising: Determined upon separate discussion between Party A and Party B.
  2. Payment Method:
    • Distribution of the Contents: Party A calculates the consideration at the end of each month and pays the total amount to Party B by the last day of the following month to the designated bank account. Party A bears bank transfer fees. If the consideration is less than the transfer fee and advance payment, Party A may carry over the payment to the next month.
    • Exclusive Fee: Party A shall pay by the last day of the month following the execution month by transferring the amount to the designated account. The provisions of the preceding item apply mutatis mutandis to handling bank transfer fees and other expenses.
    • Performer's Royalty, Performance Fees, and Merchandising: Payment methods determined upon separate discussion between Party A and Party B.
Article 5 Actual Cost

Party A shall bear the actual cost of transportation when Party B visits the office at their request and the actual cost of expenses incurred in connection with performing the work (hereinafter referred to as "Actual Cost, etc."). Party B shall issue and send an invoice to Party A stating the total amount of Actual Cost, etc. by the third business day of the month following the month in which the expenses are incurred.

Article 6 Subcontracting

Party B may not subcontract all or part of the VTuber Activities to a third party, or jointly conduct them with a third party, without prior written consent from Party A. If Party B does subcontract or conduct the activities jointly with a third party with prior consent, they shall:

  • Impose on the third party the same obligations as those of Party B set forth in this Agreement.
  • Be jointly and severally liable with the third party for their acts.
Article 7 Provision of Information

  1. Party B shall provide Party A with certain information (hereinafter referred to as "Information") requested by Party A.
  2. Party B may not conduct the VTuber Activities without providing the Information to Party A.
  3. Party B shall not provide false information to Party A.
  4. If the Information provided is amended, Party B shall immediately provide Party A with the amended Information in the way designated by Party A.
  5. In the event of amendments, Party B shall submit materials to prove the Information if requested by Party A.
Article 8 Obligation to Cooperate

  1. When requested by Party A, Party B shall participate in meetings, conferences, etc. deemed necessary for the VTuber Activities and cooperate with Party A's operation of the Program, except in cases where Party A deems there are unavoidable reasons.
  2. If Party B is requested by Party A to appear as the Character or engage in other VTuber activities, Party B shall comply with such requests.
Article 9 Conducting Training

  1. Party B shall participate in the VTuber Training Program upon request of Party A.
  2. Party A shall determine the timing, location, and other methods of implementation of the VTuber Training Program.
  3. If Party B refuses to participate without justifiable reason, Party A may terminate this Agreement (including the Individual Agreement).
  4. Party A is not liable to compensate Party B for any damages incurred as a result of the Agreement's cancellation under the preceding paragraph.
Article 10 Lending of Materials

  1. Party B shall procure the Materials, etc. under its own costs and responsibility.
  2. Party A may lend the Materials, etc. for value or gratuitously.
  3. When using the Materials, etc. provided by Party A, Party B shall:
    • Handle the Materials, etc. with care.
    • Use them only for VTuber activities.
    • Not reproduce or alter the Materials, etc. without prior written consent from Party A.
    • Not disclose, transfer, lend, or grant the license to use the Materials, etc. to a third party without prior written consent from Party A.
  4. Party B shall immediately return the Materials, etc. to Party A or suspend their use upon:
    • The VTuber Activities ending.
    • The lending term expiring.
    • This Agreement ending.
    • A request from Party A to return or suspend use.
    • (This does not apply if Party A decides not to request a return.)
  5. In the event of loss, damage, reduction, or quality change of the Materials, etc. due to Party B's intentional act, omission, or negligence, Party B shall compensate Party A for the repair or replacement cost (hereinafter referred to as "Compensation Expenses"). Party A may deduct the Compensation Expenses from the payment to Party B as per Article 4, paragraph 1.
Article 11 Management of the Account Information

If Party A creates the Account, they may provide Party B with the User ID and Password (hereinafter referred to as "Account Information"). Party A may amend and provide the amended Account Information. If Party B creates the Account, they shall provide Party A with the Account Information without delay.

Party B may not:

  • Amend the Account Information provided by Party A.
  • Amend the Account provided to Party A.
without prior consent from Party A.

Party A may use the Account for Program management purposes. Party B may use the Account within the approved scope.

Party B is responsible for managing the Account Information at their own cost and shall not provide it to third parties. Party A is not liable for any damages resulting from insufficient management, misuse, or use by a third party. Party B shall immediately follow Party A's instructions regarding Account management.

If the Account information is stolen or misused by a third party (including event that Party B has provided the Information of the Account to a third party in violation of this Agreement.) is discovered, Party B shall immediately report such fact to Party A and follow the instructions of Party A.

Party B may not use the Account and may not allow any third party to use it after the end of this Agreement (or after the end of the Individual Agreement if the termination of this Agreement is during the effective period of the Individual Agreement).

Article 12 Ownership of Rights

Party A and Party B confirm that ownership, intellectual property rights, or any other right shall belong to Party A or a third party who has granted Party A a license to use them.

Party B may not perform any act (including disassembling, decompiling, and reverse engineering) that may infringe any legal right of Party A or any third party who has granted Party A a license to use them.

Even if ownership rights, copyrights, or other legal rights arise to Party B in the course of the VTuber Activities, such rights (including the rights prescribed in Article 27 and Article 28 of the Copyright Act) shall be transferred to Party A at the same time as such rights arise.

In the event of the preceding paragraph, even if the rights arising to Party B are reserved to Party B due to an agreement between Party A and Party B or for some other reason, Party A may freely use (including sublicensing to a third party) such rights without paying any compensation for the use of such rights.

Except with Party A's prior written consent, Party B may not exercise, as against Party A or a third party that receives a license from Party A to use such rights, the moral rights of the author pertaining to works prepared or created during the performance of the VTuber Activities.

Except with Party A's prior written consent, Party B may not exercise, as against Party A or a third party that receives a license from Party A to use such rights, the moral rights of the performer.

Except for the Consideration, Party B agrees that any and all profits from the products of the Character (including, but not limited to, the voice of the VTuber recorded as the Character) and any other contents related to the Program, regardless of name, shall belong to Party A.

Article 13 Revenue

Party A shall have the exclusive right to demand and receive from third parties any and all consideration arising from the VTuber Activities of Party B.

Article 14 Warranty against Defects

  1. If the VTuber Activities involve the preparation of deliverables, Party B hereby warrants that the deliverables are free from defect.
  2. In the event of the preceding paragraph, if there exists any defect in the deliverables delivered by Party B that could not have been discovered in an ordinary acceptance inspection and inspection, then, during the period of three years after the discovery of such defect, Party A may demand that Party B repair the defective item or deliver a replacement, free of charge.
Article 15 Prohibited Actions

  1. Party B may not engage in any of the following acts:
(a) Broadcasting, cable broadcasting, or public transmission of the following Images, Etc. using the Video Hosting Services, Social Media, or other means:

(i) Images, Etc. that infringe or may infringe the intellectual property rights, portrait rights, rights of privacy, rights of honor, economic trust, or other rights or interests of Party A, the External Service Provider, or other third parties.
(ii) Images, Etc. related to criminal acts or violation of Public order and morality.
(iii) Obscene or harmful-to-youth Images, Etc.
(iv) Images, Etc. containing child pornography.
(v) Images, Etc. used for the purpose of § (unclear).
(vi) Images, Etc. that induce dangerous behavior such as drinking, drug use, abuse, etc.
(vii) Images, Etc. that induce harassment or bullying of a third party.
(viii) Images, Etc. that contain discriminatory remarks or hate speech.
(ix) Images, Etc. that violate this Agreement, individual agreements, external terms of use, laws and regulations, or the internal rules of the organization to which Party A or VTuber belongs.
(x) Images, Etc. in which the user does not have the right to use and has not obtained permission to use from the right holder.
(xi) Images, Etc. that violate the Public Offices Election Law.
(xii) Images, Etc. that may cause trouble or discomfort to a third party.
(xiii) Images, Etc. in which confidential information of Party A is posted.
(xiv) Images, Etc. in which the location of Party B's residence, place of work, location of facilities managed by Party A, or other inferable information is posted.
(xv) Other Images, Etc. that Party A deems inappropriate.

(b) Infringing the intellectual property rights, portrait rights, rights of privacy, rights of honor, economic trust, or other rights or interests of Party A, the External Service Provider, or any other third parties (including acts that directly or indirectly cause such infringement).

(c) Acts related to criminal acts or violation of Public order and morality.

(d) Sending information that falls under any of the following items:

(i) Information that infringes or may infringe the intellectual property rights, portrait rights, rights of privacy, rights of honor, economic trust, or other rights or interests of Party A, the External Service Provider, or other third parties.
(ii) Information that is related to criminal acts or violation of Public order and morality.
(iii) Information that is obscene or harmful to youth.
(iv) Information that contains child pornography.
(v) Information used for the purpose of sexual intercourse, heterosexual intercourse, dating, etc.
(vi) Information that induces dangerous behavior such as drinking, drug use, abuse, etc.
(vii) Information that induces harassment or bullying of a third party.
(viii) Information that contains discriminatory remarks or hate speech.
(ix) Information that violates this Agreement, individual agreements, external terms of use, laws and regulations, or the internal rules of the organization to which Party A or VTuber belongs.
(x) Information that is in violation of the Public Offices Election Law.
(xi) Information that may cause trouble or discomfort to a third party.

[There appears to be a section of Article 15 Prohibited Actions missing from the screenshots.]

(12) Other acts that Party A deems inappropriate.

In the event that Party A determines that the Images, Etc. regarding the Social Media Disseminating falls within any items in paragraph 1, item 1, or that it may fall within the same, Party A may delete all or part of the Images, Etc. regarding the Social Media Disseminating without the consent of Party B. The same shall apply to the event that Party A determines that the information sent by Party B falls within any items in paragraph 1, item 2, or that it may fall within the same. Party A shall not be liable for any damages resulting from it.

Party B may not disseminate the information (including but not limited to disseminating by Social Media service) as the Character, and may not disseminate the information regarding the Character after the end of this Agreement (or after the end of the Individual Agreement if the termination of this Agreement is during the effective period of the Individual Agreement).

During the effective term of this Agreement or the Individual Agreement, other than the Distribution of the Contents, Party B may not distribute the Images, Etc. (including but not limited to video distribution in the video hosting services and audio distribution in the audio hosting services) as a distributor of the Images, Etc. (including but not limited to VTuber and any other video distributor) without the prior written consent of Party A.

For a period of six (6) months after the end of this Agreement (or after the end of the Individual Agreement if the end of this Agreement is during the effective period of the Individual Agreement), Party B may not distribute the Images, Etc. (including but not limited to video distribution in the video hosting services and audio distribution in the audio hosting services) as a VTuber for a third party without the prior written consent of the Party A.

If Party A determines that Party B has violated or is likely to violate the provisions of the preceding 2 paragraphs, Party B shall, in response to a request from Party A, answer questions from Party A and submit to Party A materials specified by Party A.

In the event of the preceding paragraph, Party B shall immediately cease the activities in violation of the paragraph 4 in accordance with the instructions of Party A, or follow the restrictions designated by Party A.

During the term of this Agreement (including individual agreements in this section), as well as after the termination of this Agreement, Party B may not disclose to any third party that VTuber including Party B are appearing as the Character without the prior written consent of Party A.

Article 16 Suspending the VTuber Activities, etc.

  1. In the event that Party B falls under any of the following items, Party A may suspend Party B's participation in the Program without needing prior notice from Party A:
(1) Breach of any provision of this Agreement or the Individual Agreement.

(2) Discovery of a falsehood in the Information provided under Article 7, Paragraph 1.

(3) Conducting or attempting activities in accordance with the Program in a manner or for a purpose that may cause damage to the user, the External Service Providers, or other third parties.

(4) Inability to receive the service from the External Service Provider due to violation of the external terms of use or other reasons.

(5) Interference with the operation of the Program regardless of the method.

(6) Death of Party B, or being subject to commencement of guardianship, conservatorship, or assistance.

(7) Failure to conduct the Distribution of the Contents for more than one month and not responding to any communication from Party A.

(8) Being a minor, an adult ward, a person under curatorship, or a person under assistance, and not obtaining the consent of a legal representative, guardian, curator, or assistant to enter into this Agreement.

(9) Party A determining that the continuation of the VTuber activities by Party B is inappropriate, in addition to what is provided for in the preceding items.

  1. In the event that Party B falls under any of the items in the preceding paragraph, Party B shall automatically forfeit the benefit of time in respect of any and all of the obligations owed to Party A.
  2. Party A may terminate the provision of the Program at any time at its discretion, and the VTuber Activities shall naturally suspend with the termination of the provision of the Program. In this case, Party A will notify the VTuber in advance.
  3. Party A shall not be liable for any damages incurred by Party B as a result of any action taken by Party A in accordance with the provisions of this article.
Article 17 Penalty
  1. In the event that Party B falls under the following items, Party A may demand from Party B a penalty equivalent to 50% of the Consideration amount stipulated in Article 4, paragraph 1, item (i), of the month preceding the month in which the relevant event falls:
(1) Falling under any item set forth in Article 16, paragraph 1.

(2) Party A terminating this Agreement (including the Individual Agreement in this Article) due to a reason attributable to Party B in accordance with the provisions in this Agreement.
  1. Notwithstanding the provisions in the preceding paragraph, in the event that Party B breaches the provisions in Article 15, paragraph 4, Party A may demand a penalty from Party B up to the higher of the following amounts:
(1) The amount equivalent to the total Consideration received from Party A pursuant to the provisions in this Agreement or the Individual Agreement during the period when Party B was in breach of Article 15, Paragraph 4.

(2) The amount equivalent to the total Consideration received by Party B from Party A based on the provisions in this Agreement or the Individual Agreement for the 12 months prior to the month in which Party B was found to be in breach of Article 15, Paragraph 4 or Article 15, Paragraph 5.

(3) The total amount of remuneration for activities related to the said violation and any other money obtained by Party B from activities related to the said violation, regardless of the nominal value.
  1. Notwithstanding the provisions in paragraph 1, in the event that Party B breaches the provisions in Article 15, paragraph 5, Party A may demand a penalty from Party B up to the higher of the amounts set forth in the preceding paragraph, item (2) or item (3).
  2. The provisions of the preceding three paragraphs shall not preclude Party A from claiming compensation from Party B for damages in excess of the penalty amount specified in the preceding three paragraphs.
Article 18 Disclaimer of Warranty
  1. Party A makes no warranty to Party B that Party B will earn a certain amount of profit by participating in this Program.
  2. Party A makes no warranty to Party B regarding this Program, including but not limited to conforming to a particular purpose, commercial usefulness, completeness, and continuity.
  3. Party A shall not be liable if Party B is unable to conduct the VTuber Activities due to the unavailability of the External Services.
  4. When using the External Services to conduct VTuber Activities, Party B shall comply with the External Terms of Use at its own responsibility. Party A shall not be liable for any disputes arising between Party B and the External Service Provider.
  5. Party B shall investigate at its own responsibility and expense whether its activities violate applicable laws and regulations, internal rules of industry organizations, etc.
  6. Any transactions, communications, disputes, etc. arising between Party B and the External Service Provider or other third parties in connection with the VTuber activities shall be handled and resolved at the responsibility of Party B, and Party A shall not be responsible for such matters.
  7. Party A shall not be liable for any interruption, suspension, termination, unavailability, or change in the provision of the Program by Party A, deletion or loss of the video, message, or information of Party B, cancellation of the registration, loss of data due to activities based on the Program, or malfunction or damage of equipment, or any other damage suffered by Party B in relation to the Program.
  8. Party A shall not be liable for any damages incurred by Party B in relation to the VTuber Activities, except in cases where Party A is intentionally or grossly negligent. Even in the event that Party A is liable for damages to Party B, Party A's liability for damages shall be limited to the total amount paid by Party A to Party B for the past (6) months from the time when the cause of the damages occurred.
Article 19 Damages Compensation

In the event that Party B causes any damage to Party A due to a breach of this Agreement or the Individual Agreement or due to any reason attributable to Party B in connection with its participation in the Program, the Party B shall compensate Party A for all such damages (not only direct and ordinary damages, but also all damages including lost profits, lost business opportunities, business interruption, other indirect damages, special damages, consequential damages, and incidental damages).

In the event that Party B receives a complaint from or has a dispute with other Vtubers, the External Service Providers, or other third parties in relation to the Program, Party B shall immediately notify Party A of the details of the complaint.

Party B shall handle such claim or dispute at its own cost and responsibility, and report its progress and results to Party A upon request from Party A.

In the event that Party A receives any claim from the External Service Providers or any other third party for infringement of rights or any other reason in connection with Party B's participation in the Program, Party B shall compensate Party A for the amount Party A was forced to pay to such third party based on such claim, if such claim is due to a reason attributable to Party B.
Article 20 Termination

  1. In the event that any of the following events arises with respect to Party B, then, without needing any kind of notice from Party A whatsoever, Party A may terminate this Agreement (including the Individual Agreement in this Article):
(1) Party B breaches any of the provisions of this Agreement and does not cure such breach for a reasonable period of time.

(2) Party B receives a seizure, provisional seizure, provisional disposition, etc., or a disposition for tax delinquency, a petition for a compulsory auction, etc.

(3) There is an application for commencement of procedures for bankruptcy, corporate arrangement, or civil rehabilitation, commencement of procedures for corporate reorganization, or commencement of special liquidation, etc., or there arise any circumstances that give rise thereto.

(4) There is an act of betrayal against Party A or an act against public order and morals, etc., and Party A determines that it is unreasonable to continue the contractual relationship.

(5) A check or bill is dishonored, or there is a situation such as payment suspension, etc.

  1. In the event that Party A terminates this Agreement pursuant to the provisions of the preceding paragraph, Party A may demand that Party B deliver the deliverables that have been completed or are in the process of being completed by the time of such termination.
  2. The exercise of the right of termination pursuant to paragraph 2 shall not preclude the exercise of the right of Party A to make a demand against Party B for compensation of damages.
[Legal Mindset skipped ahead to Article 23]

Article 23 Amendments to this Agreement

In the event that Party A amends this Agreement, Party A shall notify Party B in writing of the details of the amendments.

In the event that Party B does not object to any amendments in the terms of this Agreement within 14 days after the notice pursuant to the preceding paragraph, Party B shall be deemed to have agreed to the amendments in this Agreement. The same shall apply if Party B conducts any activity under this Program within the same period.

Article 24 Methods of Communication and Notification

Any inquiries, and other communications or notices, from Party B to Party A regarding this Agreement (including individual agreements in this article), as well as any other communications or notices from Party B to Party A, shall be conducted by a method to be prescribed by Party A from time to time.

Article 25 Assignment of this Agreement

Party B shall not assign, transfer, create security on, or otherwise dispose of the status under this Agreement (including the Individual Agreement in this Article), or rights and obligations under this Agreement, to a third party without the prior written consent of Party A.

If Party A transfers its business relating to the Program to a third party (whether by a business transfer, merger, or other similar transaction), this Agreement shall be deemed automatically assigned to such third party, and Party B agrees to be bound by this Agreement with such third party.

Article 26 Exclusion of Antisocial Forces

Each party hereby represents and warrants that currently it is not an organized crime group, a group affiliated to an organized crime group, a group that carries out activities that are contrary to the public welfare, or any other antisocial forces (hereinafter, collectively, “Antisocial Forces”), and that it does not have any relation whatsoever with any Antisocial Forces, and that it will not have any relation whatsoever with any Antisocial Force in the future.

Each party hereby affirms that it will not, either itself or through a third party Antisocial Force, use the force of an Antisocial Force to make an improper demand or otherwise carry out an act that hinders the business of the other party.

Each party may, without condition, terminate this Agreement and the Individual Agreement, in the event that it is discovered that the other party is an Antisocial Force, in the event that there arises a suspicion that the other party is an Antisocial Force, in the event that the other party, either itself or through a third party Antisocial Force, used the force of an Antisocial Force to make an improper demand, or in the event that the other party used the force of an Antisocial Force to carry out an act that hinders business.

Article 27 Severability

Even if any provision of these Terms and Conditions, or any part of the provision, is decided as invalid or unenforceable pursuant to the Consumer Contract Act or any other laws, regulations, or the like, the remaining provisions of these Terms and Conditions and the remaining part of the provision which is decided as invalid or unenforceable shall continue to be fully effective, and the Company and the VTuber shall amend the invalid or unenforceable provision or part to the extent necessary to make it lawful and enforceable, and shall make efforts so that they can ensure the purport of the invalid or unenforceable provision or part, as well as the same effect, from the legal and economic perspectives.

Article 28 Surviving Provisions

The following provisions shall survive and continue to be effective after the termination of this Agreement: Article 1; Article 3, paragraphs 4; Article 5; Article 10, paragraph 4 and 5; Article 11; Article 12; Article 13; Article 14; Article 15, paragraph 2 through 8; Article 17, paragraph 2 and 3; Article 18, paragraph 1 through 6; Article 19; Article 21; Article 24; Article 27; Article 29 through 31.

Article 29 Individual Agreement

Party A and Party B shall conclude an individual agreement when deciding matters not stipulated in this Agreement.

In the event that an individual agreement is executed based on the provisions of the preceding paragraph, the provisions of this Agreement shall apply to matters not stipulated in the individual agreement, and in the event that the provisions of the individual agreement conflict with the provisions of this Agreement, the provisions of the individual contract shall take precedence.

Article 30 Governing Law and Jurisdiction

The governing law of this Agreement shall be the laws of Japan, and the Tokyo District Court shall have exclusive jurisdiction as the court of first instance with respect to any and all disputes in relation to this Agreement.

Article 31 Matters for Discussion

With respect to any doubt regarding the interpretation of any provision of this Agreement, or any matter that matter that is not prescribed in this Agreement, Party A and Party B shall hold discussions in good faith to resolve such matter.

I don't remember if anyone posted this interview from 2022 but reading it is hilarious
"ANYCOLOR has a flexible work schedule, with main operating hours from 11:00 am to 5:00 pm. The members of our department usually start work between 9:00 am and 10:00 am."
"You may be concerned: “If I were in charge of an overseas Liver, I would have to respond to emergencies even after business hours because of the time difference”. However, that concern is unfounded. Although we inevitably get busy during events and special streams, we try to create a comfortable working environment as much as possible."
A talent might have an emergency but worry not, no one will give a fuck to reply to you! Manager only works 6 hours a day, on a strict schedule that can not be changed, and them going home at 5pm is more important than whatever life changing events you might encounter. It's a talent's job to wake up in the middle of the night to ask for something, not the manager
Archive of the interview just in case.

Summary for searchability, and because it's a new L that's not related to the surrounding discussion of leaked contracts.

JP company Unicreate does not want to pay JP artist Anesama_Daisuki. Anesama takes legal action to force payment. Unicreate retaliates by lying to Anycolor that Anesama has breached Anycolor NDA and harmed Anycolor's reputation. Anycolor does not verify this claim, and sends Anesama a threatening letter. Anesama seeks legal advice. The next morning, Anesama says (presumably relaying Anycolor's response to her, as she doesn't sound like she believes it) that an Anycolor lawyer used the CEO's seal without his permission.

Edit: The tweets from "the next morning" are archived, but Anesama's original tweets about the threatening letter are only available as screenshots. While the Reddit post is properly archived, I don't know if its attached screenshots are saved independently, so I have attached them here.
1709825824389.png
1709825720069.png
 
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MerelyTourist

jkterjter jkterjtier
LM's Ladyboy
Joined:  Feb 5, 2024
Probably depends on whether they are interested in playing nice with Niji JP for the sake of the Phase JP branch.
It's very one-way situation. EN watch JP vtubers a lot, but JP barely watch EN, it's mostly few translated clips.
Niji as a whole is toxic waste now, and any form of contact with them is PR yab. Also you have to consider type of content, project ambitions etc. At a moment, Sayu might be better off on her own financially.
Now, gigachad fishman move would be to subtly incite JP girls to mention how much support they getting from the company. Shit like gym membership tweet and all that. Aslo shittalk him and managers about some fuckups (which definitely exist, they just launched he branch). And let's not forget to mention that he pays youtube revenue out of pocket the month before.

Summary for searchability
thx, updated my post
 

Punished Lurker

Well-known member
Joined:  Mar 3, 2023
This is kind of mindboggling for me, I wonder how it works for Selen then since she has that nijibites stuff (maybe have the video editing all by herself and commission the rest?). It just feels counterproductive because you're no different than a solo indie in that sense, I still remember Suichan was able to employ her indie friends as her tiktok/ytshorts video editors and even saying they're free to puppet her 3D for that purpose. This makes me wonder what the contract template is like for holo.
Now that you mention it the livers do seem able to hire editors for youtube shorts, I know Millie does that and as you said Selen had the whole Nijibites thing going. Maybe what they are not allowed to do is to let third parties take control of the accounts? But even so there would have been no problems, just let them editors do their stuff and then upload it as yourself. Honestly I have no idea anymore, maybe I was wrong? or they changed the contract? :ameliaThink:
 

Seth

Well-known member
Fubuki's Best Friendo
Joined:  Feb 11, 2023
Niji as a whole is toxic waste now, and any form of contact with them is PR yab
I really dont think the main branch will be affected by whatever US lawyer has to say. Nijisanji will be affected in the west surely but to think the same will happen in Japan is extremely optimistic.
 

God's Strongest Dragoon

Well-known member
Joined:  Mar 20, 2023
It's very one-way situation. EN watch JP vtubers a lot, but JP barely watch EN, it's mostly few translated clips.
Niji as a whole is toxic waste now, and any form of contact with them is PR yab. Also you have to consider type of content, project ambitions etc. At a moment, Sayu might be better off on her own financially.
Now, gigachad fishman move would be to subtly incite JP girls to mention how much support they getting from the company. Shit like gym membership tweet and all that. Aslo shittalk him and managers about some fuckups (which definitely exist, they just launched he branch). And let's not forget to mention that he pays youtube revenue out of pocket the month before.


thx, updated my post
As much as I enjoy shitting on Niji and doom'n'glooming them, NijiJP is still seen positively in the JP market, so continuing that relation is not toxic by any means for PhaseJP. I am aware of recent events like a well known NijiJP talent graduating, immediately reincarnating, and then getting tweeted by her colleagues. However you have to understand how resilient the JP audience is to change. Any of these revelations about the contract means nothing to JP fans. Continuing to collab with Sayu is fine but if bringing her in as an Invader shuts off PhaseJP from any future collabs with NijiJP, it honestly wouldn't be worth it.

Phase is doing just fine and growing in the EN market and it doesn't need Sayu to join, meanwhile Sayu is doing just fine as an indie. The new PhaseJP gen has managed to break ground but they still have a ways to go to grow in the JP market, jeopardizing for no reason would be silly.
 

MerelyTourist

jkterjter jkterjtier
LM's Ladyboy
Joined:  Feb 5, 2024
Inside japan - yes, people won't care (yet), but in the west it'll be bad PR to collaborate with niji in any capacity. Any notorious company will be judged for it.
 

God's Strongest Dragoon

Well-known member
Joined:  Mar 20, 2023
Inside japan - yes, people won't care (yet), but in the west it'll be bad PR to collaborate with niji in any capacity. Any notorious company will be judged for it.
How harshly was Shien judged for having Tomoe appear for a 3D?
 
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MerelyTourist

jkterjter jkterjtier
LM's Ladyboy
Joined:  Feb 5, 2024
How harshly was Roberu judged for having Tomoe appear for a 3D?
This is between two JP talents of JP companies, low levels of stink eye already, and when was that? And was that even live? Also they were collabing for like 3 years.
damn i hit send before finishing writing
On the other hand, PhaseJP starting to collab with niji now is very high levels of stink eye. You're friends with Sayu, bit still choose to support black company?
 

God's Strongest Dragoon

Well-known member
Joined:  Mar 20, 2023
This is between two JP talents of JP companies, low levels of stink eye already, and when was that? And was that even live?
Mixed up Roberu with Shien but yes, it was 11 days ago. If the timestamp doesn't work, Tomoe appears at 50:55
 

Scoots

The Pontiff of PonWolf
Early Adopter
Joined:  Sep 10, 2022
Summary of something interesting from the Sayu vod that finally went up

Sayu is saddened by people constantly comparing her to other people (rainbow retirees probably specifically Doki) when she sees "support Sayu and X" it hurts because X might not be her friend(Kyo for an obvious one). She's fine with people supporting X she just doesn't like seeing her name lumped with them. She appreciates LM not mentioning anyone else in comparison to her in the gag contract stream (Doki) she doesn't like her pain compared to others and others probably don't like it either, she doesn't have anything to do with them (aside from sharing a company in the past) until she does and maybe she never will.

"There was a lot of people I was hoping you know we could reconcile. We could be ok later down the road (rainbow Retirees) but that hasn't happened pretty much at all...so that other place was never my home I don't think I ever really had friends there at the end of the day. So it's unfortunate, but that is the way it is now"
it seems she feels ostracized from even the Retirees. I really hope Doki reaches out cause it sucks seeing Sayu feel like this
I'll clip all this later today and upload it tomorrow premiere it at noon
 
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