Terms of service
1. Scope of application
1. The purpose of this agreement is to establish the terms of provision of this service and the rights and obligations between our company and the user regarding the use of this service. This applies to all relationships related to the use of this service between users and our company.
2. Apart from this agreement, the provisions separately set on the website related to this service (including all notifications to our users, user guides, help, notes and other descriptions regarding our use of this service) form part of this agreement. In addition, if there is a contradiction between the contents of this agreement and the contents of the relevant provisions, this agreement will be applied with priority.
The definitions of terms used in this agreement are as follows.
[NFT Market Service]
All services we provide in the NFT market.
[NFT Market Account]
This is a user account that is opened for each user of the NFT market service through the procedures prescribed by our company.
Digital items sold or traded on the NFT market service.
Those who use NFT market service
Users who list products through NFT market service
Users who purchase products through NFT market service
The price of the item that the seller registers when listing the item in this service
It is one of the methods of using copyrighted works under Japanese copyright law, and means using them personally, at home, or within a limited range equivalent to these. (Copyright Law, Article 30, Paragraph 1 Pillar)
3. Application of this agreement
1. This agreement applies to all relationships related to the use of this service between users and our company.
2. In addition to this agreement, our company may make various provisions (hereinafter referred to as individual provisions) such as rules for use. These individual provisions, regardless of their name, shall form part of this agreement.
3. If the provisions of this agreement conflict with the provisions of the individual provisions, the individual provisions shall prevail unless otherwise specified in the individual provisions.
4. Agreement to these Terms
1. Users are required to agree to these terms in advance before using the NFT market service.
2. All transactions, listings, purchases, etc. between users are at the user's own risk. Our company provide a place and opportunity to buy and sell digital items between users through NFT Market Services, except when we make a primary sale. Users are responsible for all sales contracts, listings, purchase guarantees, etc. between users, and our company is not entrusted with sales. Unless otherwise specified in this agreement, our company will not be involved in the execution of transactions such as cancellation, returns, refunds, guarantees, etc. of sales contracts.
3. When users start using the NFT market service via a web browser, it is considered that he / she has agreed to these terms. At this time, a contract (hereinafter referred to as "usage contract") will be established between the user and our company in accordance with the provisions of this agreement.
4. If you are a minor, please use the NFT Market Service with the consent of a parent or other legal representative. In addition, if a user who was a minor at the time of agreeing to this agreement uses this service after reaching the age of majority, our company will recognize all legal acts and acts of use related to the service while the user was a minor.
5. If a minor user uses this service by falsely claiming to have consent even though he/she does not have the consent of a legal representative, by falsely claiming to be of legal age, or by using other fraudulent means to make the user believe that he/she is of legal capacity, all legal actions related to NFT market service cannot be revoked.
5. NFT Market Account Management
1. An NFT market account is automatically created when users start using this service via a web browser. Users shall manage the account at their own risk and shall not allow a third party to use it, or lend, transfer, change the name, buy or sell, etc.
2. Users may be required to register an account in order to start using the NFT market service. Our company shall not be liable for any trouble that may occur due to incomplete or incorrect information registered by the user.
3. NFT Market Service accounts may not be transferred, loaned, or inherited by a third party. Users shall be responsible for managing their user IDs, passwords, registration information, and other information registered when using the Service to prevent unauthorized use by third parties. User shall be solely responsible for any and all liabilities arising from improper disclosure of user ID, password, registered information, or other contents to a third party, and any resulting use by a third party, for which our company shall have no liability.
4. When the service is used, our company treat it as if the account is used by the person who registered the account, and the person identified by the account will be held responsible for any and all consequences resulting from the use of the service.
5. If you discover that your account has been stolen or is being used by a third party, you must notify us immediately and follow our instructions.
6. In the event that the user incurs damages to our company or a third party as a result of unauthorized use of his/her account, the user shall compensate our company and the third party for such damages.
Use of the NFT market service is subject to fees specified separately by our company. In addition, in the event that Ethereum network fees (GAS fees, etc.) are incurred in connection with the use of this service, the user shall bear them. The purchaser is responsible for network fees (GAS fees) related to purchases. Our company shall not be liable for any rise in the GAS fee itself, transaction delays or transaction failures.
1. Exhibitors may cancel the sale until prior to the conclusion of the sales contract as stipulated in Article 8.2. Exhibitors may not cancel (including cancellation or termination, etc.) the sales contract after it has been concluded. Exhibitors may not claim the invalidity or cancellation of a concluded transaction, except as otherwise provided by law.
2. Exhibitors must not list unauthorized items on the Service.
3. In the event that a exhibitor violates these terms and conditions, or in the event that our company reasonably determines that a exhibitor does not truly intend to enter into a sales contract, or in the event that our company reasonably determines that a exhibitor is inappropriate, our company may suspend, cancel, or invalidate the sale without prior notice to the exhibitor. In the event of suspension, cancellation, or invalidation of an auction, our company may invalidate the purchase of the relevant auction. Our company shall not be liable to compensate the exhibitor for any damages incurred.
4. Our company may, at its own discretion, set limits on the amount of money paid for a seller's merchandise (including the total amount of money paid for merchandise currently on display), the number of times a seller may list merchandise, etc. Our company shall not be liable for any loss or damage incurred by the exhibitor as a result of such restrictions.
1. A purchaser shall purchase an item at the price of the item as determined by the exhibitor on the NFT market service. A purchaser may not cancel (including rescission or cancellation, etc.) a sales contract after it has been concluded, and may not invalidate or cancel a concluded transaction for any reason, except as provided by law.
2. When the purchase button is pressed by the purchaser for the item listed on the NFT market service, a sales contract is established between the exhibitor and the purchaser for the item. Purchased items are stored in "My Collection" in "My Page".
3. Our company may, at its own discretion, set limits on the amount of the purchase price (including the maximum amount of merchandise that may be purchased per day), the number of purchases, etc. Our company shall not be liable for any loss or damage incurred by the exhibitor as a result of such restrictions.
9. Payment of product price
The exhibitor shall receive payment for the merchandise from the purchaser through a method separately designated by our company (e.g., our system or an external payment service).
2. Upon conclusion of a sales contract, the purchaser shall pay for the product by a method separately designated by our company.
3. If our company reasonably determines that the exhibitor has fulfilled his/her obligations under the purchase agreement, such as the transfer of the goods or otherwise, the exhibitor shall pay the commission fee to our company. The transfer fee for the payment of the price of the product to the exhibitor shall be determined by our company and shall be borne by the exhibitor.
10. Receipt of product price
Our company will not compensate the exhibitor for any payment of the merchandise price if the payment is invalid or canceled (chargeback) due to fraudulent use of a credit card or any other reason.
11. Scope of use of products
The products our company offer will be available for digital items to the following extent.
1. Viewing and browsing digital items after purchasing them within the scope of personal use.
2. Posting links on social networking services in a manner specified by our company
3. Viewing or browsing products on compatible applications or web services provided by third parties approved by our company.
The "master recording rights" and "copyrights" for the music are owned by the original rights holders, and unauthorized distribution, sale, or public transmission of the purchased products is prohibited. Any such violation will be subject to legal action, including compensation for damages.
12. Provision, cancellation, termination of this service
1. The user shall prepare the equipment, communication environment, etc. necessary for using the NFT Market Service at his own expense and responsibility.
2. The Company shall be able to change the contents of all or part of the NFT Market Service, and discontinue or terminate the provision of the NFT Market Service without notifying the user in advance. In addition, we are not responsible for any damage caused to the user by this.
13. Services of other companies
In order to use the NFT Market Service, it is necessary to use the digital asset, cryptocurrency storage function, the smart contract system, and other services specified by the Company. Some of these services will be provided by the other companies. The Company is not responsible for the services provided by other companies.
14. Prohibited matters
The user must not do the following when using the NFT Market Service.
1. Acts of violating laws and regulations or public order and morals, or acts that may violate these
2. Act of listing or purchasing without the intention of concluding a sales contract
3. Acts of infringing the copyrights, trademark rights, patent rights and other intellectual property rights of the Company or third parties (including other users).
4. Acts of destroying or interfering with the functions of the Company or third party servers or network systems.
5. Actions that may interfere with the operation of our services
6. Unauthorized access, use of a third party's account, or attempting to do so
7. Act of obtaining and using points illegally
8. Any acts that cause disadvantage, damage or discomfort to other users of the NFT Market Service or other third parties.
9. Impersonating another user
10. Act of collecting or accumulating personal information about other users
11. Act of advertising, publicity, solicitation, sales and other commercial activities
12. Acts aimed at meeting an unfamiliar opposite sex
13. Acts of directly or indirectly benefiting or cooperating with antisocial forces
14. Acts that violate the credit card membership agreement
15. Actions that the Company reasonably determines to be for the purpose of monetizing credit card shopping slots
16. Any other acts of using this service for a purpose different from the intended use of the NFT Market Service
17. Acts of using the NFT Market Service with multiple accounts for the purpose of performing the prohibited acts of this Article.
18. Other acts that the Company reasonably deem inappropriate
15 Representations and Warranties
The user expresses and promises the following items to the Company (if the user violates the promise, it shall be regarded as a violation of this provision).
1. The User is not, and will not be, a gangster, a gangster-affiliated company, a general assembly shop, or a person equivalent to these, or their composition (hereinafter collectively referred to as "Anti-social Forces").
2. When oneself is a corporation or other organization, one's own officers (meaning employees, directors, executive officers or equivalents who execute business) are not antisocial forces and will not be so in the future.
3. Do not allow antisocial forces to use their name and conclude this contract.
4. Do not do the following with respect to this contract, either by yourself or by using a third party.
A. Acts that use threatening behavior or violence against the Company
B. Acts that interfere with our business or damage our credibility by using counterfeiting or power
5. Do not accept capital, funds, etc. from antisocial forces, regardless of their name.
6. Do not provide capital, funds, etc. to antisocial forces, regardless of their name.
7. Antisocial forces shall not be involved in the management of Paygate.
8. Do not engage in any other acts with the preceding items.
16. Suspension or Interruption of NFT Market Service
1. The Company shall be able to interrupted or suspend of all part of this service without notifying the user in advance if it is reasonably determined that there is any of the following reasons.
2. When performing maintenance, inspection or updating of the system related to this service
3. When it becomes difficult to provide this service due to force majeure such as earthquake, lightning strike, fire, power outage or natural disaster.
4. When the provision of all or part of the services of other companies is suspended or interrupted
5. When the system, etc. or communication line, etc. related to the NFT Market Service are shut down due to an accident or other reasons.
6. In addition, when we reasonably determines that it is difficult to provide NFT Market Services
7. The Company shall not be liable for any disadvantage or damage suffered by the user or a third party due to the suspension or interruption of the provision of the NFT Market Service.
17. Usage restrictions and deregistration
1. If the user falls under any of the following, we will restrict the use of all or part of the NFT Market Service to the user without notifying in advance, or the account of the user. We may take measures such as suspension or deletion of the above, which we reasonably deem necessary and appropriate.
2. If you violate any provision of this agreement
3. When there is a default of financial obligations such as fees
4. If there is no response to the contact from us for a certain period of time
5. When the NFT Market Service has not been used for a certain period of time since the last use
6. If you violate the representations or commitments of Article 13
7. In addition, when we reasonably judge that the use of NFT market service is not appropriate.(including cases in which the Company receive claims from third parties due to such use). If the Company incur any direct or indirect damages (including attorney’s fees) as a result of the use of the NFT Market Service(including cases where the Company receives a claim from a third party due to such use),the user shall immediately compensate for such damages in accordance with the Company’s claim.
The Company shall have no warranty of our NFT Market Services (including defects in security, errors, bugs, infringement of rights, etc.), as well as safety, reliability, accuracy, and effectiveness. The Company shall not guarantee to fit for a particular purpose, either expressly or implicitly.
19. Disclaimer by the Company
1. The Companyshall not be responsible for any and all damages caused to the user due to the NFT Market Service. However, if the usage contract is a consumer contract stipulated in the Consumer Contract Act, the disclaimer in this section shalla not be applied and we will be liable for any and all damages incurred by the user regarding the use of the NFT Market Service (except when such damages are caused by reasons beyond the Company's control).
2. Even in the case specified in the proviso of the preceding paragraph, the Company shall suffer damages caused by special circumstances among the damages caused to the user due to default or illegal acts due to the Company's negligence (excluding gross negligence) (the Company or the user) The Company do not take any responsibility for foreseeing or foreseeing the occurrence of damage. In addition, compensation for damages caused to the user due to default or illegal acts due to the Company negligence (excluding gross negligence) shall be exhibited by the Company in the sales contract between the seller and the purchaser who caused the damage. The upper limit is the amount of fees actually received from the person in the month in which the damage occurred.
3. The Company shall not be liable for any damage caused by the change, interruption or termination of the contents of the NFT Market Service unless there is a reason attributable to the Company.
4. The Company is not involved in or take any responsibility for the usage environment of the user's NFT Market Service.
5. The Company shall not guarantee that the NFT Market Service will be suitablefor the user's specific purpose, has the expected functions, commercial value, accuracy and usefulness, and that the use of this service is applicable to the user. The Company shall not guarantee that the product will comply with the internal rules of industry groups and that it will be free from defects. In cases content providers display their own services on this NFT Market Service, the user shall inquire with the content providers about the content displayed by the providers, and the Company shall not guarantee the content displayed by the providers, and the Company shall not be responsible for the content.
6. The Company shall not guarantee that the NFT Market Service is compatible with all information terminals, and the user acknowledge in advance that malfunctions may occur in the operation of this NFT Market Serivice as a result of OS upgrades etc. The Company shall not guarantee that such a defect will be resolved by modifying the program, etc.
8. The Company shall not be responsible for any damages directly or indirectly caused to the user by using the NFT Market Service.
9. Unless there is a reason attributable to the Company, the Companyshall not be responsible for any loss of opportunities, business interruptions and any other damages (including indirect damages and lost profits) that occur to users or other third parties, even if the Company is notified in advance of the possibility of such damages.
10. The Company shall not guarantee the existence period of the product itself or that the product itself will not be defective.
11. The Company shall not be responsible for any dispute or trouble between the users or other third parties. In the event of a dispute between a user and another user or other third party, both parties shall be responsible for resolving the dispute and shall not make any claim against the Company
12. In cases the user caused the damage to other users or other third parties in connection with the use of this NFT Market Service, the user shall compensate for such damages at the user’s own expense and responsibility, and shall not cause any inconvenience or damage to the Company.
13. In the event that the Company received a claim for damages from a third party as a result of user's conduct, the user shall resolve such claim at the user's own expense (attorney's fees) and responsibility. In the event that the Company pay compensation for damages to such third parties, the user shall pay all costs (including attorney's fees and lost profits) including such compensation to the Company.
14. The user acknowledge in advance that the Company shall not guarantee the copyright attribution of the product, the availability of downloading the related files, and the availability of resale of the product.
20. Modifications of these Terms and Conditions, and individual provisions
1. 1. The Company may change this Terms and Conditions , and individual provisions within the scope of the purpose of this NFT Market Service when the Company reasonably deem it necessary. In such a case, the Company shall notify the users of the changes, the effective date of the changes by posting them on this website or by any other method the Company reasonably deems appropriate prior to the effective date of the changes.
2. The revised Terms and Conditions and individual provisions shall become effective from the notified effective date.
21. Handling of Personal Information
22. Notice or Contact
1. Notification or contact between the users and our company shall be made by the method specified by our company.
2. Our company assume that the currently registered contact is valid and will notify or contact that contact unless the user notifies us of a change according to a method separately determined by us.
3. Even if the notification from our company is delayed or non-delivered due to the fact that the change notification in the preceding paragraph has not been made, these will be deemed to have arrived at the users when it should normally arrive.
23. Prohibition of transfer of rights
(1) Users shall not assign all or part of the status under this agreement and the rights or obligations based on this agreement to a third party without the prior written consent of our company.
(2) Our company may transfer all or part of the service to a third party at our discretion, in which case all rights of the user pertaining to the service, including the user's account, shall be transferred to the transferee to the extent of the rights transferred.
24. How to contact us
Users' inquiries and inquiries regarding this service shall be made by sending from the inquiry form installed at an appropriate place in this service or the website operated by our company, or by a method specified separately by our company. ..
25. Protection of Intellectual Property Rights
(1) The intellectual property rights of all content displayed on this service (terms, notices, articles, videos, audio, images, archives, information, materials, trademarks or logos) are protected by the license of our company or a third party.
(2) No one may use, modify, decompile, play, publish, distribute or publish the above applications and content without the prior written consent of the Service or a third party licensor.
26. Governing Law / Jurisdiction
1. The validity, interpretation and performance of this Agreement shall be governed by and construed in accordance with Japanese law.
2. Any and all disputes, lawsuits, or other controversies between our company and users shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court, depending on the amount of the controversy.
1. If you encounter any problems while using the Services, you may contact us by submitting feedback regarding the Services.
2. This agreement can be accessed by all users of this service. Please read these terms each time you log into this service.
3. This agreement will come into effect on December 16, 2021.