Thank you for using our services, "NEORT" (hereinafter referred
to as the "Services") provided by NEORT Corporation (hereinafter
referred to as "We"). Users shall use the Services in accordance
Article 1 Application
This Terms shall apply to any relationship involving the use
of the Services between users and us.
With respect to the Services, we may provide various rules
(hereinafter referred to as the "Individual Rules") such as
the rules for use in addition to this Terms. The Individual
Rules, irrespective of their name, shall form part of this
In the event the provisions of this Terms are inconsistent
with the provisions of the Individual Rules, the Individual
Rules shall prevail, unless otherwise specified in the
Users shall use the Services in accordance with the
provisions of this Terms and shall be deemed to have
consented validly and irrevocably to this Terms by actually
using the Services.
If the user is a minor, such user must use the Services with
the consent of the legal representative, such as the person
with parental authority (including consent to this Terms).
Article 2 Registration of use
For the Services, the registration of use shall be completed
by the applicant agreeing to this Terms and applying for the
registration in the manner specified by us, which should be
approved by us.
We may not approve an application for a registration of
use if we determine that an applicant has any of the
following reasons, and we shall not be obligated to
disclose any such reason.
Cases where false matters have been notified at the
time of application for registration of use;
In the event of an application by a person who has
violated this Terms;
Otherwise, if we determine that the registration of
use is inappropriate.
Article 3 Management of User ID and Password
The user shall, at its own responsibility, properly manage
the User ID and password of the Services.
In no event may a user assign, rent or share a user ID and
password to or with a third party. We regard the user ID as
being used by the user who has registered such user ID when
the combination of the user ID and the password which is
logged in is the same as the registered information.
We shall not be liable for any damage caused by the use of
the user ID and password by any third party unless we are
willfully or grossly negligent.
Article 4 Prohibitions
Users shall not conduct the following acts when using the
- Acts that violate laws and regulations or morality;
- Acts related to criminal acts;
Acts that infringe the intellectual property rights such
as copyrights, trademarks or patents, privacy rights,
honorary rights, and other legal or contractual rights
of us, other users or any other third parties;
Acts that destruct or disrupt the functionality of
servers or networks of us, other users or any other
Acts that make commercial use of the information
obtained by the Services without our explicit consent;
Acts of having a third party use or dispose of
information obtained by the Services without our
Acts that may interfere with the operation of the
Acts of unauthorized access or attempting such access;
Acts of unjustly collecting, accumulating, disclosing or
providing any and all information concerning other
users, including personal information, registration
status, and usage information;
- Acts that use the Services for unlawful purposes;
Acts that cause disadvantage, damage, or discomfort to
other users or any other third parties;
Act of acting as another user or intentionally
disseminating false information;
Advertising, soliciting or conducting business on the
Services not licensed by us;
Acts of directly or indirectly benefiting anti-social
forces in connection with our services;
- Any other acts that we deem inappropriate.
Article 5 Provision of Services
The user must, at its own expense and responsibility,
provide the necessary personal computers, mobile phones,
communications equipment, operational systems,
communications means and power to use the Services.
We may provide the Services, in whole or in part, only to
those users who meet such conditions as we deem necessary,
such as age, identity verification, registration information
We may change the contents of all or any part of the
Services, suspend or interrupt the provision thereof as we
deem necessary, at any time without prior notice to users.
We shall not be liable for any disadvantages or damages
suffered by users or third parties as a result of the
suspension or interruption of the provision of the Services.
Article 6 Conditions of Use of the Services
The "Content" means text, audio, music, images, video,
software, programs, codes, and any other information. "This
Content" means Content accessible to users through the
Services, and the "Posted Content" means Content submitted,
transmitted, and uploaded to the Services by users.
Users may not reproduce, reproduce, alter, transfer this
Content to a third party, or make any other use of the
Content that may prejudice intellectual property rights or
other rights related to the Content beyond the scope of
access and use on the Services; provided, however, that the
Posted Content purchased by Users may be used beyond the
above scope as set forth in Article 7.
Users shall ensure to us that the Posted Content which is
submitted, transmitted and uploaded does not violate any
laws and regulations including copyright laws, and this
We will take such necessary and appropriate measures as
deleting the Posted Content without notifying the user in
advance if we determine that the user violates, or is likely
to violate, laws or regulations or this Terms by the Posted
Content, or if any other business necessity arises. However,
we are not obligated to prevent or remedy any such breach.
- We are not obligated to back up the Posted Content.
Users must indemnify us immediately in accordance with our
claims if we incur any damages, either directly or
indirectly, resulting from the use of the Services.
User agrees to resolve any and all disputes with other users
or third parties with respect to the Posted Content between
users or between users and third parties.
Users retain the rights they have to the Posted Content and
we do not acquire such rights. Provided, however, that we
may use and alter (including omission of any part of the
information or the author's representation) the Posted
Content for free of charge to the extent deemed necessary
and appropriate for conducting our business (including the
provision, promotion, improvement, maintenance of the
Services) or advertising and marketing of us or the
Services, or for the purpose of promotion business for
digital arts and support business for creators, and users
shall grant to us such use or alteration (including
sublicensing to any third party affiliated with us).
Article 7 Sales of Posted Contents
"Seller" is a user who sells its Posted Content to another
user, and "Buyer" is a user who buys the Posted Content sold
The Service provides a platform for selling Posted Content
to Buyer at a sales price (the "Sales Price") which is the
sum of the price determined by Seller and the additional
price set by Buyer at its discretion for a fee (i.e. system
fee of 15% of the Sales Price) including consumption tax and
a settlement fee.
When Buyer expresses his/her intention to purchase each
Posted Content (when "Pay" is clicked and sent) on this
website, a contract for viewing and using Posted Content
containing the items (including, but not limited to, the
(hereinafter referred to as "Individual Contract") will be
concluded between Buyer and Seller.
Upon conclusion of the Individual Contract, Seller shall
accept that Buyer will freely process the Posted Content and
shall not require copyright display (i.e. credit display) or
non-display for the use of the Content. Seller shall also
agree not to exercise author's personal rights.
Buyer may use and process purchased Posted Content without
copyright display (i.e. credit display), however cannot use
it for commercial use without Seller’s explicit consent at
the time of purchase. In addition, Buyer cannot transfer,
(re)sell, reproduce or (re)post, etc. the same content as
purchased Posted Content.
When Buyer purchases Posted Content from Seller, Buyer shall
pay to us or those who we designate the Sales Price
(including consumption tax) based on the Individual Contract
We will be able to receive payment of system fee (15% of the
Sales Price including the consumption tax) to us by
deducting the amount equivalent to the system fee when we
pay to Seller the Sales Price received by us or the persons
designated by us from Buyer.
Payment processing services for Seller on the Service shall
be provided by Stripe and shall be subject to the
Stripe Connect Account Agreement, which includes the
Stripe Terms of Services
(collectively, the "Stripe Services Agreement"). By agreeing
to this Terms or continuing to operate as a Seller on the
Service, Seller agrees to be bound by the Stripe Service
Agreement, as the same may be modified by Stripe from time
to time. As a condition of the Services enabling payment
processing services through Stripe, Seller agree to provide
the Services accurate and complete information about Seller
and Seller’s business, and Seller authorizes the Services to
share it and transaction information related to Seller’s use
of the payment processing services provided by Stripe.
When Buyer buys Posted Content from Seller, they will pay by
credit card based on the payment procedures provided by
Stripe in accordance with the Stripe Services Agreement.
The Service is a matching platform service for users who
want to sell Posted Content and users who want to purchase
it. The Service provides a place for doing so, and assumes
no responsibility for the content of Individual Contracts,
viewing and usage conditions, and the content of Posted
Content sold. In addition, in principle, we will not respond
to refunds due to cancellation or cancellation etc. of
Seller agrees to disclose to Buyer, upon request from Buyer,
the name, address, telephone number, person responsible for
the business of mail order sales, and other statutory
matters prescribed in the Specified Commercial Transaction
Article 8 Restrictions on Use and Deletion of Registration
We may, without prior notice, restrict the use of the
Services in whole or in part or delete the registration as a
user if the user falls under any of the following:
In the event of a breach of any of the provisions of
Cases where a false fact is found to exist in the
In the event that a user does not respond to any
communication from us for a certain period of time;
When there is no login of the Service with a user ID
registered for one year or more from the last use of the
Otherwise, if we determine that the use of the Services
We shall not be liable for any damage caused to the user by
any act done by us under this Article.
Article 9 No Warranties and Disclaimers
We do not expressly or impliedly guarantee that there are no
de facto or legal defects in the Services (including,
without limitation, defects in safety, reliability,
accuracy, completeness, validity, fitness for a particular
purpose, security, etc., errors, bugs, infringements of
We shall not be liable for any damage caused to users
resulting from the Services. However, this exemption does
not apply if the agreement between us and the user regarding
the Services (including this Terms) becomes a consumer
contract as provided in the Consumer Contract Act.
Even in the cases set forth in the preceding paragraph, we
shall not be liable for any damage (including the case where
we or the user foresees or may foresee the occurrence of any
damage) arising from a special circumstance among the damage
caused to the user by default or tort due to our negligence
(excluding gross negligence). In addition, for compensation
for damage caused to the user due to default or tort due to
our negligence (excluding gross negligence), the amount of
usage fees received from the user in the month in which such
damage occurred shall be limited to the amount of such
We are not responsible for any transactions, communications
or disputes that may arise between a user and other users or
third parties with respect to the Services.
Article 10 Change of Content of the Services
We shall be able to modify the contents of the Services or
discontinue the provision of the Services without notice to
users and shall not be liable for any damage caused to users.
We may, if we deem it necessary, modify this Terms (including
the Individual Rules) at any time without notifying users. In
the event that the use of the Services commences after the
amendment of this Terms, such user shall be deemed to have
agreed to the amended Terms.
Article 12 Handling of Personal Information
We shall properly handle the privacy information and personal
information obtained through the use of the Services in
accordance with our
Article 13 No Assignment
Users may not assign or pledge to any third party any status
relating to the use of the Services or any rights or obligations
under this Terms without our prior written consent.
Article 14 Governing law and jurisdiction
This Terms shall be construed in accordance with the laws of
In the event of a dispute regarding the Services, the Tokyo
District Court or the Tokyo Summary Court shall be the
exclusive jurisdiction of the first instance.
Established February 18, 2019
Revised as of July 31, 2019