Japanese

Terms of Use for MembersUpdated on July 11, 2018

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These Terms of Use (hereinafter referred to as these “TOU” or this “Agreement”) shall apply between Nordot Inc., a Japanese joint-stock corporation (hereinafter referred to as “Nordot”), and you who uploads or transfers Content to, or otherwise creates Content on, the nor. Service, acting on behalf of one or more Publishers (hereinafter referred to as “Member”). For persons with respect to whom the foregoing sentence does not apply, the Terms of Use for Users (Other than Members or Publishers) govern your use of the Service.

  1. Definitions

    For the purposes of these TOU, the following terms shall have the following meanings:

    1. “Advertisement Server“ refers to the hardware and software, which distributes advertisements sold by Nordot, Publisher, or a third party, in connection with the Service.

    2. “API Server“ refers to the hardware and software that Nordot provides, using which, Member:

      1. stores Content in Data Storage;

      2. retrieve Content from Data Storage; and

      3. distributes Content from Data Storage.

    3. “Content" refers to each Story, Lead-in, and Curation stored in Data Storage.

    4. “Curation" refers to a Lead-in that is selected by Member of a Media Unit for distribution to Users, preceding with or without an annotation that Member may choose to add.

    5. “Data Storage” refers to the hardware and software that Nordot provides in which or from which (as the case may be) Member, through his/her Media Units, stores Stories, retrieves Lead-ins, and distributes Curation, in connection with the Service.

    6. “Lead-in”, with respect to a Story, refers to the Story's title, the first 100 characters of body text of the Story (only when the total number of characters of such body exceeds 100), one (1) image (if any), and copyright information, which are extracted from the Story by Nordot in order to be distributed as a Curation by Member of a Media Unit.

    7. “Media Unit” refers to an activity unit, through which Member may store, retrieve, and distribute Content into or from Data Storage. Member may create Media Units in a manner designated by Nordot, or join upon invitation from other Members. A Media Unit may have more than one Member, and Member may belong to more than one Media Unit.

    8. “Publisher” refers to an activity unit, that manages Media Units. If Member is to create Media Unit, the Member must become an administrator of the Publisher. Member may become an administrator by registering Publisher's account in a manner designated by Nordot, or being invited by other Members who are already administrators of the Publisher. Publisher may have more than one administrator, and Member may become an administrator of more than one Publisher. Member taking administrator role must agree with the Terms of Use for Publishers. Under the Terms of Use for Publishers, Member might be referred as Publisher, due to the nature of Member's role as an administrator of Publisher.

    9. “Service” refers to the service “nor.”, which is the hardware and software that Nordot provides. The Service allows Member of Media Units to:

      1. store Content in Data Storage;

      2. retrieve Content from Data Storage; and

      3. distribute Content from Data Storage.

      The Service includes functionality which potentially enables Publisher to obtain profit through the Member's activities under the terms set forth in these TOU.

    10. “Story” refers to a title, text body, images and/or videos, along with copyright information.

    11. “User” refers to either a corporation or an individual that makes their web browser or other application software (hereinafter referred to as an “Application including a Web Browser”) receive distribution of Content from the Web Server, and views a page or pages built of said Content, regardless of the operating system or hardware on which the User operates the Application including a Web Browser.

    12. “Web Server” refers to the hardware and software by which Member distributes Content from Data Storage in connection with the Service.

  2. Purpose of TOU

    The purpose of these TOU is to set forth the terms of use of the Service and acquisition of profits arising from such use.

  3. Establishment of Agreement
    1. In order to use the Service, Member shall follow the procedures instructed in invitation email sent by Nordot to Member's email address.

    2. At the time when the procedure set forth in Section 3.1. is completed, Member logs in to the system with the use of his/her individual ID such as but not limited to Google or Yahoo Japan ID (hereinafter referred to as “ID") that is designated by Nordot and accepts these TOU, an agreement concerning the use of the Service under these TOU (hereinafter referred to as this “Agreement”) shall be established between Nordot and Member as these TOU stipulates. If Member does not own ID designated by Nordot, he/she must acquire one on his/her own.

  4. Storage of Stories
    1. With prior approval from Nordot, Member may store a Story in his/her Media Unit, in a manner designated by Nordot.

    2. Following the Section 4.1., Member may store a Story in one of the statuses set forth below:

      1. Draft
        The status of the Story is not "public".

      2. Reserved
        The status of the Story is “public”, but the release date set by Member has not yet arrived.

      3. Public
        The status of the Story is “public”, the release date set by Member has arrived, and the end date of the release set by the Media Unit has not yet arrived.

      4. Expired
        The status of the Story is “public”, and the end date of the release set by the Media Unit has arrived.

    3. Member may cease storage of a Story by deleting the Story from Data Storage in the Media Unit, in a manner designated by Nordot.

  5. Storage and distribution of Lead-ins
    1. Member may have Nordot extract a Lead-in from Story, stored in their Media Unit. Extracted Lead-ins shall be stored in the same Media Unit and in the same status as that of the Story as set forth in Section 4.2, and storage of the Lead-in shall be ceased when storage of the Story is ceased.

    2. Among Lead-ins stored in Member's Media Unit, only those with the status of “public” (as described in Section 4.2(3)) are deemed to be distributed from the API Server to another Media Unit.

  6. Retrieval of Lead-ins
    1. Member may retrieve Lead-in stored in his/her Media Unit in a manner designated by Nordot, in any of the Lead-in statuses in Section 4.2.

    2. Member may retrieve a Lead-in stored in another party's Media Unit, in a manner designated by Nordot, only if the Lead-in has “Public” status (as described in Section 4.2(3)).

  7. Storage, retrieval, and distribution of Curation
    1. Member may store a Lead-in in his/her Media Unit as Curation, after retrieving the Lead-in pursuant to Section 6.

    2. Member may store Curation in one of the statuses set forth in the following items, in his/her Media Unit.

      1. Draft
        The status of the Curation is not Public”.

      2. Public
        The status of the Curation is Public”.

    3. Member may cease storage of Curation by deleting the Curation from Data Storage in his/her Media Unit, in a manner designated by Nordot.

    4. Member may retrieve Curation stored in his/her Media Unit, in a manner designated by Nordot, regardless of whether the Curation is in any of the statuses mentioned in Section 7.2.

    5. Member may distribute Curation stored in his/her Media Unit, to a User from a web server, after retrieving the Curation pursuant to Section 7.4. Member shall not alter any Lead-in constituting the Curation, unless it is a Lead-in created by himself/herself.

    6. Member shall be deemed to configure his/her Curation stored in his/her Media Unit, to be distributed from the API Server to another Media Unit only if the Curation has Public” status (as described in Section 7.2(2)).

    7. With prior approval from Nordot, Member may retrieve Curation stored in another Media Unit, in a manner designated by Nordot, only if the Curation has Public” status (as described in Section 7.2(2)).

    8. Member may distribute Curation that is retrieved pursuant to Section 7.7 to a User from a web server. Member shall not alter the Curation and/or any Lead-in that constitutes the Curation, unless it is a Lead-in created by himself/herself.

  8. Retrieval and distribution of Stories
    1. Member may retrieve Stories stored in his/her Media Unit, in any of the statuses mentioned in Section 4.2, in a manner designated by Nordot.

    2. Member may distribute their Stories stored in their Media Unit to a User from a web server, after retrieving the Stories under Section 8.1.

    3. Member shall be deemed to configure his/her Story stored in his/her Media Unit to be distributed from the Web Server to a User only if the Stories have Public” status (as described in Section 4.2(3)).

  9. Representations and warranties
    1. Member represents and warrants that any information or data he/she transmits to Nordot, including without limitation Member's Content and any website(s) he/she operates, will not fall under any of the following categories:

      1. Information which may cause defamation or violations of a third party's intellectual property rights, publicity rights, privacy rights or rights to likeness;

      2. Information which may be contrary to public order and morals or that may disrupt the social order;

      3. Information which may cause damage to the credit of or obstruction of the business of another party;

      4. Information which is taken and modified from a third party's Content or other material without permission; or

      5. Information which is likely to be unduly harmful to other Members, Publishers, Media Units or Nordot.

    2. Member represents and warrants that none of his/her Content will be created for the purpose of advertising a third party (except when cases where Nordot provides prior written consent for such content).

    3. Member represents and warrants that it will not store articles created by a third party and/or published as the third party's work as Content.

  10. Modification or deletion of Content
    1. Member shall promptly take necessary measures, such as modification or deletion of the relevant Content, when:

      1. he/she detects an error or any issue requiring correction in his/her Content, or he/she is notified by other Member of his/her Media Unit, his/her Publisher, any User, or Nordot of such an error or issue;

      2. he/she detects any Content that breaches Publisher's representations and warranties under Section 9, or he/she is notified by other Member of his/her Media Unit, his/her Publisher, any User, or Nordot of such Content; or

      3. he/she detects any information or data he/she transmits to Nordot, including without limitation Member's Content and any website(s) he/she operates, that does not comply with these TOU.

    2. Notwithstanding the foregoing, in the event of an emergency, Member shall consult Nordot in good faith to determine measures to be taken.

    3. In the event that any of Member's Content breaches the representations and warranties set forth in Section 9.1, or Nordot in its sole and absolute discretion determines that any of Member's Content is otherwise inappropriate, and Member fails to consult with Nordot in good faith in accordance with Section 10.2 or fails to take necessary measures to modify or delete Content as requested by Nordot, Nordot may delete such Content.

  11. Responsibilities relating to content and data
    1. If Nordot receives any claim (including a claim for damages or an injunction, regardless of the reason of the claim or of whether or not a suit is filed) from a third party on the grounds that Content has infringed a third party's intellectual property rights, publicity rights, privacy rights, honor rights, likeness rights, or other rights, or otherwise due to Member's breach of these TOU, Member shall, at his/her own expense, indemnify, hold harmless, and defend Nordot under the instruction of Nordot and shall not cause any cost, expenses, and/or disturbance to Nordot. If said claim causes any damages to Nordot, Member shall compensate Nordot for those damages.

    2. Member shall, at his/her own expense, take appropriate measures if any inquiry or claim is addressed by a User or other third parties in connection with Content, either during the term of these TOU or after expiration thereof.

  12. License and Ownership of Intellectual Property Rights

    Member hereby provides Nordot a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license to display, distribute and utilize all intellectual property (including copyright, rights to likeness, trademark rights) necessary for Nordot to display, distribute and use any Content created by Member or Publisher in the manner contemplated by these TOU (such license, the “Publisher Content License"). Member or Publisher furthermore represents and warrants that it owns or properly licenses all such intellectual property and has due legal power and authority to provide to Nordot the Publisher Content License. This Section 12 shall not, and is not intended to, effect a transfer of the ownership of any of Member or Publisher's intellectual property to Nordot. Member or Publisher acknowledges and agrees that other than Member or Publisher's Content, Nordot is the owner or licensor of all content and other intellectual property associated with the Service (collectively, “Other Content”Public") and Member or Publisher shall not receive under these TOU any license or other rights in connection with such Other Content.

  13. Use for promotional purposes

    Nordot may use images from or of any page which is created using Content as displayed by an Application including a Web Browser, and which is captured by a camera, a computer function, or any other method, for the purpose of advertisement or sales promotion of the Service.

  14. Prohibited acts

    Member shall not create or use any brochures, or similar items, whether in physical or digital format, bearing the service mark, logo, or trademark of “nor." or the business name of Nordot, for him/herself or for a third party without prior written approval of Nordot.

  15. Responsibilities for operation of Service

    Nordot shall, at its own expense, in the manner Nordot determines to be appropriate in its sole and absolute discretion, take necessary measures if any inquiry or claim is addressed by a User or other third parties in connection with operation of the Service, either during the term of these TOU or after expiration thereof.

  16. Entrustment of operation
    1. Nordot may entrust all or part of the operation of the Service to a third party on its own responsibility.

    2. In the event of entrustment under Section 16.1, Nordot shall ensure that the entrustee will assume the same obligations as assumed by Nordot under these TOU in connection with operation of the Service, and Nordot shall be responsible for acts of the entrusted company.

  17. Suspension and interruption of operations
    1. Nordot may temporarily interrupt or suspend the Service by giving prior notice to Member, or without any notice in the case of necessity (as determined by Nordot in its sole discretion), when any of the following applies to the Service:

      1. when system facilities or the system itself requires regular or urgent maintenance, inspection or upgrade;

      2. when operation of the Service is rendered difficult due to a fire, power outage, natural disaster, or any act of God;

      3. when the service of a necessary telecommunications carrier is not provided: or

      4. when temporary interruption or suspension of the Service is otherwise required for operational or technical reasons or operation of the Service is deemed difficult.

    2. Member shall not be entitled to any compensation for damages caused by the occurrence of any of the circumstances set forth in Section 17.1.

  18. Management of ID and password
    1. Member shall keep their ID and his/her password strictly confidential, and shall not disclose, provide, or transfer them to any third party.

    2. When the Service is being used with a correct combination of ID and password, Nordot shall be entitled to assume that such access is made by Member. Even if the access was made by a third party (hereinafter referred to as “Unauthorized Access"), Member shall assume all responsibility and liability for the outcome of said access.

    3. Upon detecting the occurrence of Unauthorized Access, Member shall immediately notify Nordot and, at his/her own expense, take all appropriate measures to minimize damages caused to Nordot. In addition, Member shall take all appropriate measures to prevent a recurrence of Unauthorized Access at his/her own expense through consultation with Nordot.

  19. Entry into force of notice

    Notice to be given by Nordot or Member to the other party under these TOU shall be sent by mail or e-mail to the addresses below. Notice by e-mail shall be deemed received on the day following the date of transmission (or, if said day falls on a holiday or weekend, the first business day after the date of transmission).

    1. Nordot: the address set forth below, and the inquiry form specified by Nordot
      1-7-1 Higashi Shimbashi, Minato-ku, Tokyo

    2. Member: the e-mail address notified under Section 3.1, or another e-mail address Member changed to and notified to Nordot in a manner designated by Nordot.

  20. Confidentially obligations
    1. Member and Nordot shall keep strictly confidential any trade secrets (as defined in Section 2.6 of the Japanese Unfair Competition Prevention Act) of the other party which are obtained in connection with the Service and which are marked as confidential by the other party at the time of disclosure (hereinafter referred to as “Confidential Information"), during the term of this Agreement and for two (2) years after the termination hereof. Neither party shall disclose, provide, or leak trade secrets to a third party or use them for purposes other than for performance of this Agreement, without the written approval of the other party.

    2. Notwithstanding the foregoing, Confidential Information shall not include:

      1. information that is already possessed by the receiving party at the time of disclosure;

      2. information that is independently developed by the receiving party without relying on Confidential Information;

      3. information that is in the public domain at the time of disclosure; or

      4. information that enters the public domain after disclosure through no fault of the receiving party.

  21. Management of personal information

    In connection with provision of the Service, Nordot shall use your personal information and browsing data collected within the Service, in accordance with our Privacy Policy, which is hereby incorporated into, and forms part of, these Terms. You can manage your privacy settings in Privacy Policy.

  22. No assignment

    Neither Member nor Nordot may assign, or give as security, their contractual status or all or part of their rights and obligations arising under these TOU to any third party, without prior written approval of the other party. Notwithstanding the foregoing, this Section 22 shall not limit any of the rights of Nordot provided in Section 16.

  23. Term of validity
    1. This Agreement shall be effective for one year from the date when this Agreement is established as set forth in Section 3.2.

    2. This Agreement shall be automatically renewed on a yearly basis under the same terms and conditions as set forth herein, unless either party notifies the other party in writing of its intention not to renew this Agreement no later than three (3) months before expiration of the initial or renewed term of this Agreement.

  24. Cessation of use of Service, and termination of Agreement
    1. Member may cease to use the Service and terminate this Agreement by notifying Nordot, in a manner designated by Nordot.

    2. If Member has not stored, retrieved, or distributed any Content for thirty-six (36) successive months, Nordot may assume that Member has ceased to use the Service, and may terminate this Agreement.

  25. Termination and forfeiture of benefit of time
    1. Each of Member and Nordot may immediately cease to perform their obligations under, or terminate, all or part of this Agreement or any other agreement between Member and Nordot without any notice, without assuming any liability therefor if:

      1. the other party violates applicable law or regulations;

      2. the other party violates all or part of its obligations under these TOU;

      3. any representation or warranty under Section 9 turns out be incorrect or untrue in connection with Member;

      4. any bill or check of the other party is dishonored, or such party becomes insolvent or ceases payment;

      5. any petition for seizure, provisional seizure, provisional disposition, compulsory execution or auction is filed against the other party due to deterioration of its financial or credit conditions, or similar circumstances, or the other party is subject to disposition for tax delinquency;

      6. a petition for the commencement of bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other legal insolvency procedures is filed against the other party, or the other party starts procedures for dissolution (including mandatory dissolution under applicable laws and regulations), liquidation or winding-up;

      7. the other party resolves to decrease its capital, abolish or discontinue its business, or transfer all or a major part of its business;

      8. the terminating party deems it inappropriate for the other party to continue this Agreement due to a change of major shareholders or management;

      9. a competent authority suspends business operations of the other party or revokes the business license or registration of the other party;

      10. Member or Nordot reasonably determines that continuance of transacting under this Agreement or any other agreement between Member and Nordot is inappropriate; or

      11. if the other party or its Special Stakeholders (meaning officers, the spouse and relatives by blood within the second degree of kinship of the officers, or a company in which any of said persons holds the majority of the voting rights, the associated company of such a company, and the officers of said associated company; hereinafter the same shall apply in this clause), major employee, major shareholder, or trading partner turns out to be an antisocial force (meaning an organized crime group, a member or a quasi-member of an organized crime group, a related company of an organized crime group, a corporate racketeer, a rogue person or group engaging in criminal activities under the pretext of conducting social campaigns or political activities, a special intelligence organized crime group or any person or group similar thereto; hereinafter the same shall apply in this clause), or it turns out that the other party or its Special Stakeholders, major employee, major shareholder or trading partner is involved with antisocial forces.

    2. In cases where Member or Nordot falls under any of the items above, either party shall immediately forfeit the benefit of time in relation to all the obligations held against the other party, and all the obligations of the party against the other party shall be accelerated and become immediately due and payable.

    3. Termination of agreements under this Section shall not preclude the terminating party from demanding compensation for damages from the other party under Section 26.

  26. No Warranty; Limitation of Damages

    Other than as expressly set out in these TOU, Nordot does not make any specific promises about the service. for example, Nordot does not make any commitments about the content within the service, the specific functions of the service, or its reliability, availability, or ability to meet Member's needs. Nordot provides the services “as is".

    Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. to the extent permitted by law, Nordot excludes all warranties.

    When permitted by law, Nordot will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

    To the extent permitted by law, the total liability of Nordot for any claims under these terms, including for any implied warranties, is limited to the amount usage fee Member paid Nordot to use the service.

    In all cases, Nordot will not be liable for any loss or damage that is not reasonably foreseeable.

  27. Measures to be taken after the end of this Agreement

    In the event of any expiration or termination of this Agreement, Nordot shall delete Content stored by Member within one (1) month after the date of the end of this Agreement.

  28. Survival
    1. In cases where any obligation remains outstanding at the time of the end of this Agreement, these TOU shall remain applicable until said obligation is fulfilled.

    2. The provisions of Sections 9, 12, 14, 15, 20, 22, 26, 27, 29, 30, 31, and this Section 28 shall survive expiration or termination of this Agreement.

  29. English Terms of Use Govern

    These TOU in the English language apply in respect of every Member located outside of Japan. In respect of any conflict between these TOU and Nordot's Terms of Use in the Japanese language, these English language TOU shall govern provided that Member is located outside of Japan.

  30. Jurisdiction

    For any lawsuit arising out of or in connection with this Agreement, the Tokyo District Court or the Tokyo Summary Court shall be the exclusive consensus court of jurisdiction for its first trial in response to amount of the case. Member and Nordot each consent to personal jurisdiction in the Tokyo District Court and Tokyo Summary Court.

  31. Governing law

    Establishment, effect, performance and interpretation of this Agreement shall be governed by Japanese law.

  32. This TOU
    1. Nordot may revise these TOU at any time whenever Nordot, in its sole and absolute discretion, deems such revision appropriate. The revised TOU shall become effective and this Agreement shall be revised according to the revised TOU when it appears on the Service, the nordot.jp website, or such other system designated by Nordot, unless otherwise specified by Nordot. Notwithstanding the foregoing, revision of important provisions of these TOU (as determined by Nordot in its sole discretion) shall be announced to Member in advance in a method designated by Nordot, such as in an announcement on a system designated by Nordot.

    2. The failure of Nordot at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by Member shall not be construed to be a waiver of such right or remedy with respect to such breach or failure or any other breach or failure by Member.

    3. Revision of a part of these TOU shall not affect the validity of the remaining provisions.

    4. Nordot's Privacy Policy is hereby incorporated into, and forms part of, these TOU.

  33. Entire Agreement

    This Agreement constitutes the entire agreement between Member and Nordot and supersedes any prior written or oral agreements between Member and Nordot concerning the subject matter hereof. No modifications of this Agreement shall be binding unless executed in writing by Member and Nordot.