Terms of Use

1/Terminology

The Service: Horizart is a service from the company ADDIX, Inc. (hereafter referred to as “ADDIX”), at 3-6-23 Kita Aoyama, Aoyama Daihan Building 10F, Minato-ku, Tokyo 107-0061, Japan. It is represented by the Internet website http://horizart.com (hereafter referred to as “the Site”)

The User: Any person registered on the Site, which officially occurs upon receiving the definitive inscription confirmation email sent from the Service and attaining a personal page on the Site.

The Client: Company client of ADDIX and currently tied by a contract with the User via the Service.

2/General Terms of Use

Do not use the Service in any way that is not approved by ADDIX. Do for example, do not try to interfere with the Service or access it using methods other than the interface and the instructions that have been provided to you. We maintain the right to suspend or cancel your Service if you do not respect the applicable rules and conditions, or under suspicion of any improper use.

Use of the Service does not grant intellectual property rights over the Service or the content which you will have access to. You are prohibited from using or copying any content obtained through the intermediary of our Services without the explicit authorization of the content’s owner, unless otherwise allowed by the law. The terms of use do not grant you the right to use any brand or logo represented on the Site.

The Site shows content that does not belong to ADDIX. Those contents, especially Users’ “Portfolio”, are of the entire responsibility of their owner. We can be lead to checking the contents in order to make sure that they abide by the law or to our terms of use. We have the right to suppress or refuse to show any content that we would reasonably judge to be in violation of the law or of our rules. This right does not imply that we automatically verify every content. Thus, please do not assume that we do check every content.

The Site is accessible from mobile devices. For your safety and the safety of others, please do not access it in an irresponsible manner that would keep you from respecting and abiding by the traffic safety laws put in place in your city, province, or country.

3/Regarding Registrations

Eligibility for registration is subject to a selection process. We maintain the right to refuse any candidate that does not correspond to the required, pre-defined criteria that make up the identity of Horizart. The criteria is based on the respected concept of the Service, which connects European artists to Asian-based companies.

Candidates must be either physically based in Europe for more than 6 months a year, or have received a formal certificate (or in the process of attaining one) from an artistic organization in a European establishment (illustration, design, animation, photography etc.). Experience, both personal and professional, in the artistic field will be taken into consideration.

ADDIX does not take responsibility for illegal inscriptions to the Site by the User. The User agrees to lawfully register to the Site and is to be held accountable for any breach, knowingly or unknowingly, in separate contracts of exclusivity -in Asia or otherwise- which he or she may be engaged in. Conversely, registration by the User to the Service does not link him exclusively regarding contracts in Asia or elsewhere, unless decided on by a mutual agreement from both parties at the time of registration.

4/Regarding Personal Information

Personal information of Users, collected by the Service, are subject to the privacy policy of ADDIX: http://www.addix.co.jp/privacy/ in Japanese (original version), and http://horizart.com/privacy-policy in English. Email addresses will only be used to contact Users during projects with our clients, while their name and surname will be used to establish contracts. Information raised and image files stored on the Site server by the User can be used for Promotion of the Service on any carrier. The Users private information will be stored in servers located in Japan. The Users possess the undeniable right to access, modify and erase their personal information.Users can send a demand for those actions by email privacy@horizart.com with the subject header “My personal information”.
The User can cease use of the Service at any time he or she wishes, granted the User is not currently linked to a project in progress, in which case the User must wait until all business with ADDIX has been concluded.
ADDIX is maintains the right to stop the Service for any User at any time, and add new Service limitations at any time, without prior notice.
ADDIX denies all responsibility regarding the loss of information stored on its servers.

5/Regarding contracts with Clients

A/ Regarding agreements

Any information validated by email by the User, the Service, or the Client is valid as a clause in the contract that links the three parties.

The copyrights on the works delivered by the User to the Client will be given integrally to the Client at the final delivery and validation stage. By default, the User accepts that the Client uses the artist name associated to works created in the contract. Otherwise, the User must state a refusal when he or she agrees to collaborate on the project of that Client.

B/ Regarding the payment

Contracts are done in the User’s currency, and payment for project remuneration is done by a unique bank transfer via contact information provided by the User.

Costs related to this bank transfer are covered by ADDIX.

Money transfer for project remuneration to the User is done on the last business day of the second month after reception of the final work, to the bank account provided by the User.

Transfers may take up to seven days to process.

C/ Regarding penalties

Inscription to the Site by the User is not a given thing. Any behavior of the User affecting the Service will result in penalties.

  • Not respecting the project schedule which was pre-approved by both parties by up to 3 days will lead to a 5% reduction of the payment, with a 10% reduction following further delays. This procedure will be followed for all projects unless otherwise specified.
  • Abandoning a project at an advanced stage will result in a 25% reduction of payment if the User’s work is accepted by the Client. If it is not, the payment will be cancelled.
  • A User’s failure to contact or respond to the Service before the validation of project completion will lead to a definitive deactivation of the User’s account along with all rights associated to it. In the case that the client makes ADDIX liable for any financial compensation as a result of such behavior from the User, the latter will be obligated to refund the sum of the quote that he or she submitted to ADDIX to contribute to the client’s compensation.
  • Contacting the Client directly outside of the setting of the Service without prior agreement between both parties will lead to a deactivation of the User account on the Site.
  • Disclosure of private or confidential information regarding the Client will lead to legal sanctions. Information relative to this penalty is described in the contract of non-disclosure of data signed by the User before the beginning of any project.

6/Regarding Terms of Use

We may change the Terms of Use or any other supplementary user condition being applied to the Service to reflect modifications in the laws of the Service.We recommend you check the Terms of Use regularly. Modifications made to the Terms of Use will be shown on this page and on each authenticated User profile page. We will send a modification notice of the Terms of Use to the Users by email. Modifications will not apply retroactively and will be made valid fourteen (14) days after their publication. Nevertheless, modifications specific to a new function of the Service or modifications made for judicial reasons will be applicable immediately. If you do not accept the modifications made to the Terms of Use of the Service, you may be inclined to stop using the Service.

In the case of conflict between those Terms of Use and additional conditions of use, latter modifications will always prevail.

If a User does not adhere to the Terms of Use, and we do not immediately take measures against it, our rights are still not forfeit (for example, measures may be taken later on).

If it would happen that one particular condition is not applicable, this will be without incidence on the other conditions of those Terms of Use.

As this is a service in Japan, the potential litigation linked to the current Terms of Use or the Service will be governed by the laws of the Japanese State, apart from excluding Japan’s conflict of laws rules.
Any legal complaint linked to the Service’s Terms of Use will fall exclusively on the jurisdiction of the federal court or the tribunals of the Japanese State. ADDIX and Users understand and accept this by submitting to the competency of the tribunal.

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