This English translation is provided for convenience purposes only. The Japanese version of this document shall be considered the official version. In case of a dispute, the Japanese version shall prevail.
Chapter 1 General provisions
Article 1 Definitions
- “NFT” stands for Non-Fungible Token, which means a non-fungible token with unique values and attributes from among the other tokens issued on a blockchain. Please keep in mind that the NFTs handled within the Service do not fall under crypto-assets (means crypto-assets as defined in Article 2, Paragraph 5 of the Payment Services Act (the “PSA”); the same shall apply hereinafter).
- “User” means a User of the Service.
- “Item” means an NFT that the Company or an Issuer sells or distributes free of charge (“Sell, etc.”) through the Service, and digital content usable within the Service in relation to the NFT.
- “Issuer” means a person (including the Company) who creates an Item under his or her own name and Sell, etc.
- “Purchase,” and “Sale” includes transactions using crypto-assets as the method of payment.
- “Purchase, etc.” means the purchase or free acquisition of the Item by the User.
- “Secret Key, etc.” means the secret key and any other information pertaining to the token wallet that the User uses to manage the Item on the User’s own.
- “Organized Crime Group Member, etc.” means an organized crime group, a member of an organized crime group, a person for whom a period of five years has not elapsed since that person was an organized crime group member, a quasi-member of an organized crime group, a corporation affiliated with an organized crime group, a shareholder meeting extortionist (sokaiya) or the like, a corporate extortionist acting under the guise of a social movement or the like (shakai undo-to hyobo goro), a group or individual that in the context of having a relationship with an organized crime group plays a key part in structural injustice using force or through a financial connection with an organized crime group (tokushu chino boryoku shudan) or the like.
- “IP Rights” means any copyrights, patents, utility model rights, trademarks, design rights, and other intellectual property rights (including rights to obtain or to apply for registration of such rights).
- “System” means the system necessary for the User to use the Service by enabling the display, Purchase, payment, and use of an Item.
Chapter 2 Contents of the Service, etc.
Article 3 Contents of the Service and roles of the Company
Upon using the Service, each User shall fully understand and accept the provisions of each of the following conditions.
- The Service enables each User to Purchase, etc. Items, enjoy viewing the acquired Item, transferring to a third party, and secondary using of the artwork of this Item, etc. on the Service. Provided that the Company does not promise the User the possibility of use of Items not restricted on the Service
- NFTs issued through the Service are not considered crypto-assets. Therefore, the Company does not manage the User’s assets in accordance with Article 63-11, Paragraph 2 of the PSA, and money or NFTs received from Users are not considered property subject to the Company’s segregated management obligation or property subject to priority repayment as stipulated in Article 63-19-2, Paragraph 1 of the PSA.
Article 4 Purchase and Use of Items, etc.
- Each User may Purchase, etc., an Item using the method designated by the Company and Issuer.
- With respect to the Purchase, etc., the Company may set limits on the quantity of the Items held by Users, and other matters.
- Purchase of an Item shall be completed upon payment of the fee, therefor by the method prescribed by the Company. If the Purchase procedure cannot be completed due to suspension of the Service or a system failure or the like as prescribed in Article 7, such Purchase shall be deemed to have not been completed. The Company shall not be liable for any damage resulting from such failure of completion.
- Each User may be able to issue the Item using the Service, but the User shall bear the expenses (including, but not limited to, any so-called “gas fees”; the same shall apply hereinafter) arising from such issuance.
- Each User shall prepare (including the installation of any necessary application) and maintain a computer, software, and other devices, a communication line, and any other such telecommunication environments necessary for Purchase, etc., and use of Items at his or her own liability and expense.
- In accordance with his or her usage environment and at his or her own liability and expense, each User shall implement security measures such as those for the prevention of computer virus infections and the prevention of unauthorized access and information leakage.
- If a User uses crypto-assets to pay the price of a Purchase, such User shall pay any fees and other expenses associated with the remittance of crypto-assets and the issuance and transfer of NFTs according to the method separately prescribed in the Service, in addition to the price of the Item.
- A User may not cancel, terminate, break a contract, return, or exchange an Item due to User’s situation for any reason whatsoever after Purchase of the Item. However, this shall not apply in cases where the User is unable to properly own the Item due to a reason attributable to the Company.
Article 5 Management of Items
- Each User shall manage any Item that he or she owns using the wallet designated separately by the Company at his or her own liability. Each User shall appropriately handle the Secret Key, etc., such as by taking reasonable steps to prevent the Secret Key, etc., from being lost or used by a third party.
- The Company shall not be liable for any damage incurred by a User due to the Secret Key, etc., being used by a person other than the User as a result of theft, misuse, or other such circumstances, unless such damage is attributable to the Company.
- If the Company incurs any damage due to theft, misuse, or other such circumstance regarding the Secret Key, etc., the relevant User shall compensate the Company for such damage.
Article 6 Rejection of provision of the Service
The Company may reject the provision of the Service, including the purchase of Items, to a User if the Company deems that the User falls under any of the following:
- if the person is a person with qualified legal capacity, such as a minor who has not obtained the consent of their legal representative;
- if the information provided to the Company contains include inaccurate or false information;
- if the insurance of NFT by the User is likely to infringe on the portrait rights of a third party;
- if the person is engaged in a business that competes with the Service or other businesses operated by the Company or in a business that potentially competes with the Service or other businesses operated by the Company;
- if the person obstructs or impedes the Company’s business or provision of services, or the use of the Service by another User, or is likely to do so;
- if it is found that (a) the person is Organized Crime Group Member, etc., or (b) the person has a particular relationship with an Organized Crime Group Member, etc. (including a case in which the person is deemed to be involved with an Organized Crime Group Member, etc. by providing funds or services or the like thereto, an Organized Crime Group Member, etc. is considered to be unjustly used, or, if the person is a corporation, an Organized Crime Group Member, etc. is considered to be controlling or substantially involved in its management, or the person has any other relationship with an Organized Crime Group Member, etc. that should be socially condemned);
- if the person, either individually or through a third party, makes a violent demand, makes an unjust demand that exceeds the legal liability of that demand’s recipient, uses threatening behavior or violence, or spreads rumors, uses fraudulent means or force to damage the reputation of the Company or to obstruct the Company’s operations;
- if the person makes any misconduct;
- if the person does not perform a procedure or contact the Company as required hereunder;
- if the person becomes insolvent, indigent, suspends payments, or unable to pay debts;
- if the person unjustly annoys to another User or a third party; or
- if the Company deems the person inappropriate based on other reasonable grounds.
Article 7 Suspension, etc. of the Service
If the Company falls under any of the following conditions, the Company may suspend or interrupt all or a part of the provision of the Service without issuing any prior notice to the Users:
- when an inspection or maintenance work of the System pertaining to the Service is conducted;
- if computers, communication channels, or the like used to provide the Service are suspended due to an accident;
- if the Service cannot be operated due to a force majeure event such as fire, a power failure, a natural disaster, or the like;
- if the assets or other such information of the Company are stolen, leaked, lost, or damaged as a result of hacking or due to other such reasons;
- if there is an error in the System that is necessary to provide the Service;
- f the Company conducts an audit for unfair use, etc.;
- if the Company no longer handles NFTs; and
- any other cases in which the Company deems it necessary to suspend or interrupt the provision of the Service.
- The Company may terminate all or a part of the Service’s provision at the Company’s convenience. In this case, the Company shall notify each User in advance unless any unavoidable circumstances which prevent such notification.
- The Company shall not be liable for any damage caused by a measure that the Company has taken pursuant to the provisions of this Article.
- If the Company falls under any of the following conditions, the Company may suspend or interrupt all or a part of the provision of the Service without issuing any prior notice to the Users:
Article 8 Support
- Notifications, communications, and support provided by the Company to each User shall be conducted in Japanese only.
- When a User contacts or makes an inquiry to the Company, the User shall follow the method prescribed by the Company.
- The Company may be unable to provide individual responses to communications or inquiries from each User.
- The transmission of information by the Company or communication with a User through a platform (such as through social media networks) other than the Service is not covered by the support provided by the Company in the Service.
- Support related to the Service may be conducted by the Company or a third party subcontracted by the Company.
- This Article shall not be construed to mean that the Company is obligated to provide support.
Chapter 3 Rights and Obligations of the User
Article 9 Sale, etc. of NFT by the User
- The Company may require a User to pay the Company's prescribed royalty to the Company or a person designated by the Company if the User sells NFT to a third party, and the User shall pay such royalty upon the Company's demand.
- If the User has any dispute with the purchaser or any other third party in connection with the sale of an NFT, the User shall settle such dispute at the User's own cost and responsibility, and shall not cause any inconvenience or damage to the Company.
- The Company may restrict the transfer of the NFT which the User Purchase, etc., to third parties, and the User agrees to such restriction in advance.
Article 10 Use of the third-party services
Article 11 Prohibited Matters
No User may commit any of the following acts when using the Service:
- infringing any IP Rights or other rights of the Company or a third party;
- sending information that contains a computer virus or other such harmful computer programs;
- altering information provided by or provided to the User at the use of the Service;
- forging or falsifying an Item, or using such Item while knowing that it has been forged or falsified;
- sending data via the Service that exceeds the prescribed amount data specified by the Company;
- altering, damaging, disassembling, decompiling, or reverse-engineering the Service or an Item;
- attempting to Purchase an Item without a genuine intention to do so;
- using the Service for a purpose that differs from the intended purpose of use of the Service;
- engaging in any activity that is likely to interfere with the operation of the Service;
- making an unjust inquiry or demand, such as by repeating similar questions more than is necessary;
- engaging in any acts that are deemed to be betting or gambling;
- Using a third party's portrait to create an Item or otherwise infringing on the rights of other Users or a third party (including, but not limited to, reputation rights, privacy rights, copyrights, portrait rights, or the like);
- using the Service with a converted terminal;
- using indecent expressions, discriminatory expressions, violent or threatening expressions, grotesque expressions, or other inappropriate expressive acts (including the act of sending such expressions);
- business activities (including, but not limited to, solicitation; in addition, regardless of whether individuals or non-individuals carry out such solicitation), fund-raising activities, pre-election campaigning and other political activities, and missionary activities and other religious activities;
- inducing an encounter or the like for the purpose of sexual or indecent acts;
- soliciting a pyramid scheme, sending chain emails, or otherwise soliciting other Users to participate in similar activities;
- slandering, threatening, or any other such words and behavior, activities, or actions that cause anxiety or discomfort to other Users;
- pretending to be an employee, customer support personnel, or any other related person of the Company or a Company affiliate, outsourcing companies, or business connections;
- making false or misleading statements or notifications to the Company;
- defaming or slandering the Company, a Company affiliate, the Service, or other services provided by the Company or a Company affiliate; and
- any other activity that the Company deems to be inappropriate.
If the User breaches or is likely to breach a condition referred to in the preceding paragraph, or if the Company otherwise determines that the use of the Service by the User is inappropriate, the Company may take the following measures:
- suspend the provision of all or a part of the Service;
- cause a User to forfeit any rights, benefits, or other results obtained from a prohibited act;
- report and disclose facts to the police or other public authorities; and
- any other measures that the Company deems necessary and appropriate.
- No User may commit any of the following acts when using the Service:
Article 12 IP Rights
- The IP Rights of an Item belong to the Company, an Issuer, a licenser designated by an Issuer, or any other third party designated by the Company. The IP Rights of an Item shall not be transferred to a User upon Purchase of the Item.
- Users shall obtain Items from Issuers pursuant to the conditions prescribed herein and within the Service, and be granted a non-exclusive right to use such Item within the Service. Specific details of such right may be prescribed for each Item within the Service.
- The Company may freely and at no cost use (includes reproduction, copying, modification, licensing to a third party, and any other possible use) any text, images, videos, and other data containing an Item posted or otherwise transmitted on the Company’s website or through the Service by a User.
- If there is a complaint or other such issue between a User and a third party in connection with any IP Rights or other such rights pertaining to an Item resulting from an act of the User, the User shall resolve such issue at his or her own liability and expense, and shall not cause any trouble or damage or the like to the Company or the owners of IP Rights prescribed in paragraph 1.
- The IP Rights of the System belong to the Company or a third party designated by the Company.
Chapter 4 Miscellaneous
Article 13 Handling of personal information
Article 14 Disclaimer
- The Service shall be provided in its current state at the time each service is provided. The Company makes no warranties as to the Service’s accuracy, completeness, utility, or reliability.
- The Company makes no warranties that the Service will be usable in any environment for each User.
- The Company makes no warranties as to the value, stability, or legality of NFTs. In addition, NFTs acquired by Users may continue to be used as long as they remain on the blockchain after the termination of the Service, but the Company makes no warranties that the content recorded in such NFTs will continue to function.
- Each User shall confirm and perform the procedures required for tax matters at his or her own liability. The Company makes no warranties as to the details and invariability of tax systems in connection with NFTs and crypto-assets.
Article 15 Damages
- With respect to default on liabilities or tortious acts due to the negligence of the Company (excluding gross negligence), the Company shall not be liable to compensate for damages caused by lost profits or other special circumstances; however, the Company shall be liable for damages not exceeding the total amount of the price or other such economic value actually received from a User within the extent of damages that would ordinally arise and during the period of one month counted retroactively from the date on which the cause of such damages occurred. This shall not apply in the event of willful misconduct or gross negligence by the Company, but even in such case, the liability for damages of the Company shall be limited to damages directly incurred by such User, and shall not include any indirect damages, such as consequential loss, incidental damages, or lost profits, irrespective of whether or not such damages were foreseen by the Company or foreseeable.
Article 16 Assignment, etc. of rights and obligations
- No User may assign, transfer, or pledge to any third party, or otherwise dispose of, any of his or her rights or obligations regarding the use of the Service, except in certain cases specifically approved by the Company.
- If the Company transfers (including business transfers, corporate divestitures, and other transactions) the business pertaining to the Service to a third party, the Company may assign, succeed to, or transfer to the third party its rights and obligations regarding the Service, and each User shall agree thereto in advance.
Article 18 Governing law and jurisdiction