FMWAVES

The following document is a live, up-to-date version of Erin's ToU as it applies to usage of his character and any voicebanks under his name.

"VBNAME" is a stand-in name that refers to any and all of Erin's voicebanks.

This document is subject to change. All revisions take precedent over older versions.

Version 1.00
Last modified: November 12, 2024

Disclaimers

The following terms apply to either the character of "Erin" or to the voicebank "VBNAME". Please read and follow them carefully and direct any questions to the author (Oran).

E-mail: writtenbelowing@gmail.com

In the event that the author cannot be reached for questions, assume that permission is not granted.

The author (Oran) holds no responsibility to any incidents, damage, or loss that occurs to any party due to the use of the character "Erin" or the download and usage of the voicebank "VBNAME".

The author (Oran) claims no association with or responsibility for the actions of users who choose to violate the terms of this document.

By using the character of "Erin" or the voicebank "VBNAME", you agree to abide by these terms and you understand that, if necessary and where possible, the author (Oran) will take actions to enforce them.

Enforcement actions are considered a last resort and would generally be restricted to severe or repeat violations that also violate a third-party website’s Terms of Service and/or applicable law.
See the "Enforcement" section at the end of the document for more information.

This document is subject to change. In the event that modifications are made, defer to the most recent version.

This document is originally written in English. Any translations made of this document may feature conflicting or outright false information; in case of discrepancy, defer to the original English version.

Ownership

The character of "Erin" and the voicebank "VBNAME" are created, owned and managed by Oran.

You may not claim "Erin" or "VBNAME" as your own original work under any circumstance (with the exception of modified content, in which you may only claim ownership over the modification and not the whole).

Any parts of "Erin" or "VBNAME" produced with the collaboration of third parties must be credited to the third party.

Modification

You may modify any audio, .frq, oto.ini, and prefix.map files packaged in the voicebank "VBNAME".

(i.e. for noise cancellation, .frq and oto adjustments, etc.)

You are allowed to distribute these modified files privately upon request. You may not distribute them publicly.

You are allowed to integrate the voicebank "VBNAME" with any other voicebank created by Oran and associated with the character "Erin".

Integrating voicebanks that are associated with different characters is forbidden.
When attributing user-integrated voicebanks, it is preferred to list them as "various" or to credit the vocalist as "Erin" with no voicebank name attached.

You are allowed to upscale, downscale, sharpen, de-noise, or crop the artwork distributed alongside the voicebank "VBNAME" for the purposes of lossless image resizing and performance. This includes the usage of third-party upscaling services such as Waifu2x.

Minor post-processing done for aesthetic purposes (outlining, value adjustment, gradient overlays, etc.) is broadly permitted so long as the underlying artwork is still clearly recognizable.

Permission must be requested for any forms of modification not specified in this document.

Redistribution

You may not publicly redistribute the voicebank "VBNAME" unless official distribution has ceased due to inactivity. Please direct any requests for distribution to official sources unless they are no longer active and/or functional.

Any prior versions of the voicebank "VBNAME" that were pulled from distribution due to an update may be redistributed publicly or privately.

You may privately redistribute the voicebank "VBNAME" upon request with or without modification to its contents so long as distribution remains peer-to-peer.

You may publicly or privately distribute ports of the voicebank "VBNAME" to engines other than UTAU or OpenUTAU so long as it is permitted by the program you are porting to, but please do not refer to them as official. Users downloading third-party ports and programs do so at their own risk.

Official distribution may be ceased and distribution permissions withdrawn at the author (Oran)’s discretion, such as in the case of repeated ToU violations or permanent discontinuation of "Erin" as an UTAU.

Commercial and Non-Commercial Use

The voicebank "VBNAME" may be used as vocals (either lead or backing) in ORIGINAL commercial musical works. The voicebank must be credited as "Erin", "erin_VBNAME", etc. somewhere that is clearly visible.

You may not make merchandise of or otherwise profit from the character of "Erin" without permission unless it is tied to usage of his vocals in a musical work (i.e. album covers, music videos, etc.).

This includes the usage of the character "Erin" or any works affiliated with his image in advertisements, marketing, or branding.
You may not use the character of "Erin" to represent or advertise third-party products without permission, even if said products are free to use.

You are free to make non-commercial covers, originals, and other derivative musical works with the character of "Erin" and the voicebank "VBNAME" so long as you respect the guidelines of all creators involved.

You may not monetize covers or derivative musical works made using "VBNAME" without permission from the original content creator.

Any artwork included in the 'Assets' folder is free for non-commercial and reference use with proper credit. You may not use it for commercial purposes, accredit it to a third party, or pass it off as your own original work.

The contents of the voicebank "VBNAME" are only to be used for musical works (covers or original songs). You may not use them for any other purpose (general exceptions are given for jokes and parodies such as 'talkloids').

You may not sell or monetize any part or whole of the voicebank "VBNAME" or the character "Erin", regardless of whether you have modified it or not.

Usage in association with cryptocurrency, NFTs, or other blockchain activities is forbidden.

Derivative Works and Character Representation

When using the voicebank "VBNAME," it is requested that you do not represent it with a third party's intellectual property.

(i.e, when using "VBNAME" you may represent it as either the character of "Erin" or a character of your own, but you may not represent it with Hatsune Miku, Defoko, etc.)
Exceptions are made for derivative works such as covers, where the original music video featuring a third party character is often reprinted.

The creation and distribution of derivative voicebanks or characters is forbidden.

AI and Reference Usage

Artwork

None of the artwork created by Oran and associated with the character of "Erin" may be used in the training or production of AI-generated images, regardless of whether the model or resulting output are public or private.

Using the voicebank "VBNAME" in association with AI-generated images of any type is also strictly prohibited. This includes music videos that use AI-generated images.
Exceptions for this association clause are made for AI image generation models that are provably trained off of images that are either within the public domain or that the model creator has been given permission to use.
If this is not specified and the source of the model’s training data is not listed, it will be assumed that the model was made from data that was scraped without permission.

None of the artwork created by Oran and associated with the character of "Erin" may be used for tracing, recolors, repaints, or photobashing.

Miscellaneous

Splicing samples of the voicebank "VBNAME" with other voicebanks voiced by Oran in order to emulate samples not present in the core voicebank is permitted. Splicing samples of the voicebank "VBNAME" to create a new voicebank or splicing them together with other voicebanks not voiced by Oran is forbidden.

You may not create chatbots or any other form of generative LLM content using any part of "Erin"/"VBNAME" for any reason.

You may not use "Erin"/"VBNAME" in works that utilize song generation AI models or use LLMs to write lyrics.

Exceptions are made for works such as ‘Reckless Battery Burns’ by Team1x666, in which the AI models utilized are trained off of the creators’ prior work and not datascraped content.

You may not create text-to-speech models using any part of "Erin"/"VBNAME" for any reason.

Voicebank Creation and Usage

Renders made using the voicebank "VBNAME" may be used as inference data for voice changers such as Diff-SVC so long as EXPLICIT credit (including both the name of the character "Erin" and of the specific voicebank "VBNAME") is provided.

Raw samples from the voicebank "VBNAME" cannot be used as inference data without permission.
If permission is granted, "VBNAME" must be explicitly credited as the source of the inference data; this credit must be written somewhere that is clearly visible when using the resulting voicebank.

Raw samples from and/or renders using the voicebank "VBNAME" may be used to generate mixed-voice voice changer models, provided that the model abides by the following terms:

Less than 1/8th OR less than 15 minutes (whichever is smaller) of the total data used in the model is comprised of samples from or renders using "VBNAME" or any other voicebank voiced by its creator (Oran).
The mixed-voice model does not noticeably sound like "VBNAME" or other related voicebank(s) used in the model and it does not claim to be representative of "Erin" or of any other character made by his creator (Oran).
All other vocals used in the dataset of the mixed-voice model are sourced from creators who have also consented to their data being used in this manner and the dataset follows their respective Terms of Use.

Raw samples from and/or renders using the voicebank "VBNAME" may be used to generate a voice changer model for the character of "Erin" provided that the model is not publicly or privately distributed. You may not use a model of this type to represent any other character or voicebank.

This restriction also applies to any models created for AI singing synthesis programs like NNSVS/ENUNU and Diffsinger that are made using samples from or renders of the voicebank "VBNAME".
You may not distribute models of this type for any reason, regardless of whether distribution is public or private.
You must disclose the usage of a voice changer when uploading any works made with this kind of model and explicitly credit "Erin"/"VBNAME" as the source.

Limits of Expression

The voicebank "VBNAME" and the character "Erin" are considered to be separate entities in terms of derivative works and doujinshi, and as such not all terms apply equally to both.

Character Restrictions

The individual voicebank "VBNAME" is considered to be character-neutral and without identity; you are free to disregard the character of "Erin" and treat the vocal as a ‘blank slate’ for narrative purposes when using the voicebank in musical works.

Gender flag usage for the voicebank "VBAME" is permitted without limitation so long as it is not referred to as a ‘genderswap’ of the character "Erin" or treated as a derivative character.

The usage of the [♀] or [♂] symbols to denote gender flag usage—i.e. "erin_VBNAME♂", "Erin (♂)", etc. to denote the usage of g+15—is considered a form of ‘genderswapping’ and is not permitted.
When using gender flags on "VBNAME", just refer to the voicebank without alteration as "erin_VBNAME" or "Erin" and note the usage of gender flags in the description if desired.

Pitch alteration in post is permitted under the same terms as gender flag usage.

You may not misgender or ‘genderswap’ the character of "Erin" in written or visual works, nor may you otherwise act in a way that deliberately or maliciously misrepresents the information laid out in her "Canon" information.

You are free to use the provided material to create personal headcanons that do not directly misrepresent the character of "Erin". You may also alter or discard any information contained in her "Non-Canon" information.

Building off of unconfirmed or ‘neutral’ aspects of "Erin" as a character is OK so long as it does not violate any other applicable terms. However, please do not spread misinformation about the character of "Erin" or state your personal interpretation as fact.

You may use the character of "Erin" for doujinshi or similar materials so long as the content is compliant with all other terms in this document. You may not use the character of "Erin" for your own intellectual property.

There are no restrictions on pairing either the character of "Erin" or the voicebank "VBNAME" with other characters/voicebanks so long as all applicable terms are followed.

Sexual Content Policy

The creation of explicit sexual content (i.e. content that is visibly or audibly NSFW and/or pornographic in nature) using the character of "Erin" is strongly discouraged.

Any explicit sexual content that is created using the character of "Erin" and posted on social media/SNS must follow the below guidelines:

Fetish content is broadly discouraged. Eroguro and other forms of violent fetish work are strictly forbidden.
Explicit content must be allowed on the host site in the first place. It may not be uploaded if posting it would violate the website’s terms of service.
Explicit content must be marked as NSFW and blurred/hidden using a "Sensitive Content" filter or other similar site feature.
- If the host site does not possess this feature despite allowing minors to join and/or unverified users to view posts, the content may not be posted to said site.
Explicit content must follow one or both of the below rules:
- The poster’s account must be private and 18+ only OR
- The post MAY NOT be tagged with any hashtags except for those related to spreading or advertising NSFW content.

Content with sexual themes or undertones (aka ‘suggestive’ content) is permitted, but please err on the side of caution when judging if something is overly sexual.

Private sexual content (i.e. that which is not uploaded to the internet) is broadly permitted so long as it remains private.

Sensitive Topics and Malicious Activity

You may not use the character of "Erin" or the voicebank "VBNAME" to promote or display hate speech or bigotry, nor may you include them in works that are intended for such purposes even if "Erin" or "VBNAME" are not the specific purveyors of that message.

You may not use the character of "Erin" or the voicebank "VBNAME" to promote or display incest, pedophilia, sexual assault, or abuse of any kind, nor may you include them in works that are intended for such purposes even if "Erin" or "VBNAME" are not the specific purveyors of that message.

The prohibition of pedophilia includes works described as ‘loli’ or ‘shota’.
The prohibition of incest includes adopted family, step-family, and any other kin that is not blood-related.
The prohibition of sexual assault includes ‘dubcon’ and any other situation where one or more parties cannot properly consent.
Certain exemptions are made for original or derivative musical works meant to discuss the pyschological impact of these topics. It is recommended that these works are marked with explicit content warnings.

You may not use the character of "Erin" or the voicebank "VBNAME" to promote or display misinformation, fraud, scams, or financial deception, nor may you include them in works that are intended for such purposes even if "Erin" or "VBNAME" are not the specific purveyors of that message.

You may not use the character of "Erin" or the voicebank "VBNAME" to impersonate or deceive others.

You may not use the character of "Erin" or the voicebank "VBNAME" in the creation of spam or in the propagation of stolen content.

You may not use the character of "Erin" or the voicebank "VBNAME" to spread malware, bloatware, or any other form of unauthorized third party program.
Users downloading third party files, scripts, or programs that claim to be affiliated with "Erin" or the author (Oran) do so at their own risk.

No particular restriction is placed on content that discusses the effects or usage of restricted drugs or substances; this includes but is not limited to alcohol, tobacco, marijuana, and other psychotropic substances.
Content that acts as advertisement or commercial endorsement of illicit substances is forbidden under both commercial usage provisions and any applicable local or international laws.

Usage in violent content is permitted within reason.

Body horror is permitted, but gore and excessive violence are forbidden.
Eroguro and other forms of violent fetish work are strictly forbidden.

Usage in political content is forbidden. Content intended to deliver social commentary is permitted so long as it does not violate any other applicable terms.

Usage in religious musical texts (traditional songs, holiday songs, hymns, chants, carols, etc.) and content with religious themes or undertones is permitted. Content intended to convert others is forbidden.

Usage in criminal and illegal content is forbidden.

Usage in content that endangers the safety and wellbeing of others is forbidden. This includes but is not limited to doxxing, stalking, and incitement of violence.

Usage in content that is intended to harass, slander, or defame private individuals is forbidden.

Content that is intended to deliver critique or satire on public figures is not considered harassment, slander, or defamation under the terms of this document.

Usage in content that violates the usage terms of UTAU, OpenUTAU, or any other character/voicebank featured alongside "Erin"/"VBNAME" is forbidden by extension.

Enforcement

Broadly speaking, the author (Oran) will not take any enforcement actions against violations of this document and will operate under the assumption of good faith.
The guidelines set here are a request for best practice by the user; the author (Oran) will not deliberately seek out any violations of this document.

However, violations of strictly prohibited content or deliberate repeat violations may result in enforcement actions if brought to the author (Oran)’s attention, especially if said violations are also in conflict with a host site’s Terms of Service or may constitute illegal conduct.

These violations include but are not limited to:

Sale or monetization of any part or whole of "Erin"/"VBNAME"
Usage in NSFW (both violent and sexual) content hosted on sites that do not permit it
Usage in unflagged or improperly flagged NSFW (both violent and sexual) content on sites that require flagging
Usage in spam and the propagation of stolen content
Usage in impersonation and deception
Usage in misinformation, fraud, scams, and financial deception
Usage in association with cryptocurrency, NFTs, or other blockchain activities
Usage in content made to harass and slander others
Usage in content that endangers the safety of others
Usage in content that contains malware
Usage in content that promotes hate speech or bigotry
Usage in content that promotes incest, pedophilia, sexual assault, or abuse of any kind

Lesser repeat violations may still be enforced where possible. These include but are not limited to:

Unauthorized distribution
Unauthorized commercial use
Theft, reprinting, or false claims of ownership over intellectual property (including artwork and voicebanks)
Unauthorized reference use or modification; includes tracing, recoloring, repainting, and photobashing of artwork and splicing or inferencing of voicebank samples
Usage in or alongside AI-generated images, lyrics, or music from datascraper models
Usage in chatbots and other LLM-related content
Creation of text-to-speech models
Creation of derivative voicebanks or characters

Potential enforcement actions include but are not limited to:

Direct contact by the author (Oran) to request removal
Direct contact to site moderators to request removal
Reports of posts that violate the host site’s terms of service
Reports of accounts whose behavior violates the host site’s terms of service
Reports of illegal content or criminal conduct
Takedown requests where applicable
Takedown or halting of official distribution sources
Permanent discontinuation of original materials

(c) fmwaves/writtenbelow 2024