Terms of Use of Crypt Busters

This English translation is for reference purposes only. Only the Japanese version is valid and binding.

Chapter 1 General Provisions

Article 1 (Application)

  1. These Terms of Use of Crypt Busters (these “Terms“) set forth the relationship of rights and obligations between Ateam Entertainment Inc. (the “Company“) and the User (as defined in Article 2; hereinafter the same shall apply) with respect to the use of the Services (as defined in Article 2; hereinafter the same shall apply), and shall apply to all relationships between the User and the Company concerning the use of the Services.
  2. The policies, explanations, notices, and other information concerning the Services posted by the Company from time to time on the Website (as defined in Article 2; hereinafter the same shall apply) shall constitute a part of these Terms.
  3. In the event of any inconsistency between the provisions of these Terms and the provisions of the individual terms and conditions concerning the Services (the “Individual Terms and Conditions,” and together with these Terms, the “Terms, etc.“), the provisions of the Individual Terms and Conditions shall prevail over the provisions of these Terms.
  4. The User shall use the Services after accepting the content of the Terms.

Article 2 (Definitions)

  1. In these Terms, the following terms shall have the meanings set forth in the respective items.
    • “BQT” means “Blood Quartz,” which is a crypto asset as defined in the Payment Services Act.
    • “MATIC” means “Polygon (MATIC),” which is a crypto asset as defined in the Payment Services Act.
    • “NFT” means a non-fungible token issued on a blockchain.
    • “Wallet” means a system that stores the private key for viewing the ledger on a blockchain.
    • “Wallet Address” means an address pertaining to the Wallet generated by prescribed rules on a blockchain.
    • “Crystallized Merc” means an in-game item managed by the Company on the server of the Game.
    • “Core” means the points managed by the Company on the server for the Game.
    • “Combat Vehicle NFT” means an NFT representing the combat vehicle data used in the Game. Each Combat Vehicle NFT is assigned its own combat vehicle type, parameter, and other settings.
    • “Intellectual Property Rights” collectively means copyrights, patent rights, utility model rights, trademark rights, design rights, other intellectual property rights (including the right to acquire these rights or to apply for registration of these rights), ideas, and know-how.
    • “Website” means the website relating to the Services operated by the Company under the domain “crypt-busters.com” (including any subdomain and, if the domain or content of such website is changed for any reason, the website after such change).
    • “Antisocial Forces” means a person falling under any of (i) through (vi) below:
      • An organized crime group (boryokudan); a member of an organized crime group (boryokudan-in),; a person who ceases to be a member of an organized crime group within the past five years; an associate member of an organized crime group (boryokudan jun-kosei-in),; a company associated with an organized crime group (boryokudan kankei kigyo),; a corporate racketeer (sokaiya); a group engaging in criminal activities under the pretext of conducting social campaigns or political activities (shakai undo to hyobo goro); a crime group specializing in intellectual crimes (tokushu chino boryoku shudan to); or any other type of person equivalent or analogous to the foregoing (collectively, “Organized Crime Group Members“);
      • A person who has a relationship with an Organized Crime Group Member that is deemed to be controlling the management of such person;
      • A person who has a relationship with an Organized Crime Group Member that is deemed to be substantially involved in the management of such person;
      • A person who has a relationship with an Organized Crime Group Member that is deemed to involve unjustified use of the Organized Crime Group Member, such as for the purpose of making unjust profits for itself or a third party, or for the purpose of causing damage to a third party;
      • A person who has a relationship with an Organized Crime Group Member that is deemed to be involved in providing funds or favors to the Organized Crime Group Member; or
      • A person whose officer or person substantially involved in its management has a socially reprehensible relationship with an Organized Crime Group Member.
    • “Antisocial Behavior” means (i) making a violent demand, (ii) making an unreasonable demand that exceeds legal responsibility, (iii) using intimidation or violence in connection with transactions, (iv) damaging the Company’s credibility or obstructing the Company’s operations by spreading false rumors or using fraudulent means or force, or (v) any other acts similar thereto.
    • “Merc NFT” means an NFT representing a merc used in the Game. Each Merc NFT is assigned its own character type, rarity, parameter, skills, and other settings.
    • “Gaming NFTs” collectively means Merc NFTs and Combat Vehicle NFTs.
    • “Game” means the blockchain game titled “Crypt Busters” provided by the Company.
    • “Services” means the Game, the Marketplace, and other related services (including, if the name or content of a service is changed for any reason, the service after such change).
    • “Marketplace” means the platform service opened and operated by the Company through which the Gaming NFTs may be sold by the Company and sold and purchased among the Users.
    • “User” means a person who has been approved by the Company to register as a user of the Services in accordance with Article 4.
    • “User Agreement” means the user agreement for the Services in accordance with the Terms, etc. and other rules and regulations, which is entered into between the Company and the User pursuant to Article 4, Paragraph 3.

Article 3 (Setup of the Wallet and Other User Environment)

  1. In order to use the Services, the User must hold a Wallet separately designated by the Company and connect such Wallet to the Services in the manner prescribed by the Company. The User shall, at the User’s own cost and responsibility, download and install such Wallet on the device used by the User.
  2. The User shall, at the User’s own cost and responsibility, procure computers, telecommunications facilities, and/or other equipment and software (“User’s Equipment“) necessary to use the Services and connect them to the Internet.
  3. In addition to the preceding two paragraphs, the User shall, at the User’s own cost and responsibility, set up the environment for using the Services as separately prescribed by the Company. Furthermore, the Company may from time to time designate or suggest the necessary or recommended environment for the use of Services in addition to those set forth in the Terms, etc.
  4. The Company shall not be liable for any damage incurred by the User as a result of using the Services without setting up the user environment for the Services as set forth in the preceding three paragraphs, unless there is any willful misconduct or negligence on the part of the Company.
  5. In setting up the user environment as set forth in Paragraphs 1 through 3, the User will be required to use products or services provided by third parties other than the Company; however, the Company shall not be liable for such products or services, unless there is any willful misconduct or negligence on the part of the Company.

Article 4 (User Registration)

  1. A person who wishes to use the Services (a “Prospective User“) shall accept the Terms, etc. and complete the user registration for using the Services by connecting the Wallet managed by the Prospective User to the Website in the manner prescribed by the Company.
  2. Upon completion of the registration set forth in the preceding paragraph, the User Agreement for the Services in accordance with the Terms, etc. and other rules and regulations shall be deemed to have been concluded between such Prospective User and the Company, and the Prospective User may thereafter use the Services as a User.
  3. When registering as a user pursuant to the preceding two paragraphs, the Prospective User must represent and warrant that he/she meets all of the following requirements:
    • The Prospective User is not a minor, an adult ward, a person under curatorship, or a person under assistance. If the Prospective User falls within any of these categories, the consent of the statutory agent, guardian, curator, or assistant has been obtained;
    • The Prospective User is not the Antisocial Forces.
    • The Prospective User has not now or in the past committed any of the acts set forth in each item of Article 18, Paragraph 1.
    • The Prospective User accepts the content of the Terms, etc. and to uses the Service at Prospective User’s own discretion and responsibility.
    • The Prospective User meets other requirements as separately prescribed by the Company

Article 5 (Management of Login Information)

  1. In conducting the user registration pursuant to preceding article, the User may set an ID and a password of the User’s own choice in advance for log in to the Game.
  2. The User shall, at the User’s own responsibility, strictly manage and retain the User ID and the password set by the User in the preceding paragraph (the “Login Information“) as well as the User’s Wallet (including private keys and recovery phrases, and together with Login Information, “Account Information“), and shall not disclose, divulge, lend, or sell the Account Information to any third party or share them with any third party.
  3. Any use of the Services by a third party using the Account Information shall be deemed to be use of the Services by the User, unless there is any willful misconduct or negligence on the part of the Company. In such case, the User shall bear any and all liabilities arising from such use of the Services using the Account Information, and compensate the Company for any damage (including reasonable attorneys’ fees; hereinafter the same shall apply) incurred by the Company as a result of such third party’s use of the Services using the Account Information.
  4. The User shall be liable for any damage arising from poor management of, error in the use of, or use by a third party of, the Account Information, and the Company shall not be liable for such damage unless there is any willful misconduct or negligence on the part of the Company.
  5. If the User discovers that the Account Information has been lost, divulged, stolen, or used by a third party, the User shall immediately notify the Company thereof and follow the instructions from the Company.

Article 6 (Burden of Fees and Expenses)

  1. In using the Services, if usage fees and/or other fees are specified for individual services, the User shall pay such fees.
  2. The User shall bear, at the User’s own cost and responsibility, the cost of the setup and maintenance of the user environment set forth in Article 3, fees for Internet connection, electricity charges, and any other costs and expenses necessary to use the Services.

Chapter 2 Matters Concerning the Game and Gaming NFTs

Article 7 (Use of the Game)

  1. When playing the Game, the User shall have the number of Merc NFTs prescribed by the Company in the User’s Wallet. The User shall prepare such Merc NFTs at the User’s own responsibility and cost.
  2. In addition to the Terms, etc., the User shall play the Game in accordance with the conditions and methods of playing the Game as separately prescribed by the Company.

Article 8 (Reward in the Game)

When the User plays the Game and meets the conditions and other requirements as separately prescribed by the Company, the User may acquire the number of Cores or Crystallized Mercs prescribed by the Company, in accordance with the Company’s reasonable discretion.

Article 9 (Purchase of Combat Vehicle NFTs)

  1. The Company shall sell Combat Vehicle NFTs to the User in the Game in the manner prescribed by the Company. Specific details and methods of such sales shall be posted separately on the Website.
  2. If the User wishes to purchase a Combat Vehicle NFT, the User shall enter and send the information prescribed by the Company in the manner prescribed by the Company.
  3. Upon receipt by the Company of the information sent by the User pursuant to the preceding paragraph, a purchase contract for the Combat Vehicle NFT shall be entered into between the Company and the User. After having entered into such purchase contract, the User may not rescind, terminate, or cancel the purchase contract, except as permitted by the Civil Code, the Consumer Contract Act, or other laws and regulations, and the Terms, etc.
  4. If a purchase contract is entered into pursuant to the preceding paragraph, the User shall pay, as the purchase price for the Combat Vehicle NFT purchased by the User, MATIC in the amount equivalent to such purchase price by sending it to the Wallet Address separately designated by the Company.
  5. Upon receipt of the purchase price pursuant to the preceding paragraph, the Company shall send the Combat Vehicle NFT to the Wallet Address separately designated by the User.

Article 10 (Core to BQT Conversion)

  1. If the User owns a certain number of Cores, the User may, in the manner prescribed by the Company, consume the number of Cores separately prescribed by the Company out of the number of Cores owned by the User, and request to convert the number of Cores after such consumption (the “Remaining Number“) to BQT (the request for such conversion, hereinafter, the “Claim“).
  2. After the Claim is made pursuant to the preceding paragraph, BQT in the amount calculated by multiplying the Remaining Number by the rate prescribed by the Company shall be sent to the Wallet Address separately designated by the User.

Article 11 (Opening of Crystallized Mercs)

  1. If the User has Crystallized Mercs, the User may convert the User’s Crystallized Merc into Merc NFTs by consuming the number of Cores separately prescribed by the Company in the manner prescribed by the Company (such conversion, hereinafter, “Open“).
  2. Merc NFTs that have been Opened pursuant to the preceding paragraph shall be sent to the Wallet Address separately designated by the User.
  3. The parameters and skills, etc. of the Merc NFTs acquired pursuant to the preceding paragraph shall be determined at random upon such Opening.

Article 12 (Important Matters Concerning Gaming NFTs and Cores)

In connection with the purchase and use of Gaming NFTs, Cores and Crystallized Mercs, the User shall confirm, understand and agree to the following:

  1. The User shall use Gaming NFTs, Cores and Crystallized Mercs owned by the User in accordance with the Terms, etc. and the terms of use separately prescribed by the Company;
  2. The User may not use any Gaming NFTs or Crystallized Mercs owned by the User as a means of payment in any way, whether within or outside of the Services. In addition, the User may not use the Cores owned by the User as a means of payment, whether within or outside of the Services, except as otherwise permitted by the Terms, etc. or the Company;
  3. Users may not exchange their Cores and Crystallized Mercs with each other for legal currency, crypto assets, or other economic benefits, except as otherwise permitted by the Terms, etc. or the Company;
  4. Except as otherwise permitted by the Terms, etc. or by the Company, the User may not sell, exchange, or transfer the Gaming NFTs owned by the User to any third party, including other Users, except by the method of Listing (as defined in Article 14, Paragraph 2) on the Marketplace under Article 14; and
  5. The User may not dispose of (including, but not limited to, pledging as collateral for a third party) the Gaming NFTs, Cores and Crystallized Mercs owned by the User, except as otherwise permitted by the Terms, etc. or the Company.
  6. There is a limit prescribed by the Company on the number of the Gaming NFTs, Cores and the Crystallized Mercs that the User may hold. The User may not hold Gaming NFTs, Cores and Crystallized Mercs in excess of such limit.

Chapter 3 Matters Concerning the Marketplace

Article 13 (Primary Sales of Merc NFTs)

  1. The Company shall sell Merc NFTs to the User in the manner prescribed by the Company. Specific sales details and methods shall be posted separately on the Website (such posted details, hereinafter, the “Primary Sales Guidelines“).
  2. If the User wishes to purchase a Merc NFT, the User shall enter and send the information prescribed by the Company in the manner prescribed by the Company.
  3. Upon receipt by the Company of the information sent in the preceding paragraph, a purchase contract for the Merc NFT shall be entered into between the Company and the User. After having entered into such purchase contract, the User may not rescind, terminate, or cancel the purchase contract, except as permitted by the Civil Code, the Consumer Contract Act, or other laws and regulations, and the Terms, etc.
  4. If a purchase contract is entered into pursuant to the preceding paragraph, the User shall pay, as the purchase price for the Merc NFT purchased by the User, crypto assets prescribed by the Company in the amount equivalent to such purchase price by sending them to the Wallet Address separately designated by the Company. The “crypto assets prescribed by the Company” shall mean either MATIC or BQT, and shall be specifically designated in the individual Primary Sales Guidelines.
  5. Upon receipt of the purchase price pursuant to the preceding paragraph, the Company shall send the Merc NFT to the Wallet Address separately designated by the User.
  6. The types, parameters, skills, etc. of Merc NFTs that may be acquired under this Article shall be determined at random at the time of such acquisition.

Article 14 (Secondary Sales of Gaming NFTs)

  1. The User may sell Gaming NFTs owned by the User to other Users, excluding the User himself/herself, in the manner prescribed by the Company. The specific method of sale and other details shall be posted separately on the Website (such posted details, hereinafter, the “Secondary Sales Guidelines“).
  2. If the User wishes to sell a Gaming NFT owned by the User, the User shall enter and send the information prescribed by the Company in the manner prescribed by the Company, and post the Gaming NFT and its information on the Marketplace (such series of action, hereinafter, a “Listing” and the User who has made such Listing, hereinafter, a “Listing User“). A Listing User may only withdraw such Listing prior to the conclusion of a purchase contract under Paragraph 4.
  3. If the User wishes to purchase a Gaming NFT, the User shall select the Gaming NFT that the User wishes to purchase from among those listed on the Marketplace, enter the information prescribed by the Company in the manner prescribed by the Company, and send the information (such User, hereinafter, a “Purchasing User“).
  4. Upon receipt by the Listing User of the information sent in the preceding paragraph, a purchase contract for the Gaming NFT shall be entered into between the Listing User and the Purchasing User. After having entered into such purchase contract, the User may not rescind, terminate, or cancel the purchase contract, except as permitted by the Civil Code, the Consumer Contract Act, or other laws and regulations, and the Terms, etc.
  5. If a purchase contract is entered into pursuant to the preceding paragraph, the Listing User and the Purchasing User shall deliver the Gaming NFT and pay the purchase price for the Gaming NFT, respectively, in accordance with the following:
    • The Listing User shall send the Gaming NFT in the manner prescribed by the Company; and
    • The Purchasing User shall send the following crypto assets in an amount equivalent to the purchase price for the relevant Gaming NFT in the manner prescribed by the Company:
      • in the case of Merc NFTs, BQT or other crypto assets as specified in the Secondary Sales Guidelines ; or
      • in the case of Combat Vehicle NFTs, MATIC or other crypto assets as specified in the Secondary Sales Guidelines.
  6. A Gaming NFT sent pursuant to Item (1) of the preceding paragraph shall be transferred to the Wallet Address specified by the Purchasing User via a smart contract prescribed by the Company. In addition, BQT or MATIC or other crypto assets specified in the Secondary Sales Guidelines sent pursuant to Item (2) of the preceding paragraph shall be transferred via a smart contract prescribed by the Company as follows:
    • BQT or MATIC or other crypto assets specified in the Secondary Sales Guidelines in an amount equivalent to the listing fee of the relevant Gaming NFT prescribed by the Company shall be transferred to the Wallet Address specified by the Company; and
    • BQT or MATIC or other crypto assets specified in the Secondary Sales Guidelines in an amount equivalent to the purchase price of the relevant Gaming NFT less the listing fee in the preceding item shall be transferred to the Wallet Address specified by the relevant Listing User.

Chapter 4 Matters Concerning Intellectual Property Rights

Article 15 (Ownership of Rights)

  1. The Intellectual Property Rights pertaining to Gaming NFTs (including, but not limited to, the image data, etc. represented by such Gaming NFTs; hereinafter the same shall apply in this Chapter), Cores and Crystallized Mercs, as well as the Website and the Services shall remain the property of the Company or a third party that has licensed them to the Company, whichever is the rightful owner, and shall not be transferred to Users through the acquisition of Gaming NFTs, Cores and Crystallized Mercs or other provision of the Services.
  2. Notwithstanding the existence of any Intellectual Property Rights, the User shall not reproduce, distribute, reprint, transfer, publicly transmit, modify, adapt, or otherwise make secondary use of any Gaming NFTs, Cores and Crystallized Mercs, the Website, or the Services, except as provided in the following article.
  3. The User shall not, for any reason whatsoever, engage in any activity that may infringe upon the Intellectual Property Rights of the Company or any party that has granted a license to the Company (including, but not limited to, disassembly, decompilation, and reverse engineering).

Article 16 (Licensing)

  1. The Company grants to the User a non-exclusive license to use (including, but not limited to, the right to reproduce, transfer, modify, or publicly transmit Gaming NFTs; hereinafter the same shall apply in this article) Gaming NFTs free of charge to the extent necessary to perform the acts set forth in each of the following items:
    • Using Gaming NFTs in the Game in accordance with the Terms, etc. and the terms of use separately prescribed by the Company;
    • Selling Gaming NFTs to other Users on the Service other than the User himself/herself;
    • Listing Gaming NFTs on the Marketplace;
    • Posting, viewing or otherwise using Gaming NFTs on social networking services separately designated by the Company; and
    • In addition to the preceding items, such other acts as may be separately designated by the Company.
  2. Any text, images, video, or other data posted or transmitted by the User on the Website or the Services may be freely used (including reproduction, copying, modification, sublicensing to third parties, and any other use) by the Company, free of charge, to the extent permitted by law.

Chapter 5 Miscellaneous

Article 17 (Suspension and Termination of the Services)

  1. The Company may suspend the provision of the Services without prior notice to Users in any of the following cases:
    • In the event of an emergency inspection or maintenance due to malfunction of computers, telecommunications facilities, or other equipment and software installed by the Company or a third party for the purpose of providing the Services (the “Services Equipment“);
    • In the event of computer or communication line failure due to accident or malfunction;
    • In the event that the Company is unable to provide the Services due to unauthorized access to, attack on, or interception of communication channels to, the Services Equipment by a third party;
    • In the event that the Company is unable to provide the Services due to the invasion of the Services Equipment by a computer virus of a type for which virus patterns or virus definition files have not been provided by a third party;
    • In the event that the Company is unable to provide the Services due to force majeure events such as natural disasters, war, strikes, epidemics, changes in laws and regulations, or sudden changes in circumstances relating to legal currency, NFTs, or crypto assets;
    • In the event that the Company reasonably determines that it is necessary to conduct an investigation in accordance with laws and regulations, the rules of the Company, or other regulations;
    • In the event of a significant decline in the liquidity of crypto assets;
    • In the event that the Company determines to cease handling any or all of the crypto assets or NFTs, or the Services related thereto, as a result of a hard fork or other blockchain fork or other changes in the specifications of the crypto assets or NFTs handled by the Company;
    • In the event of a court order or mandatory disposition pursuant to laws and regulations;
    • In the event that such suspension is unavoidable for operational or technical reasons; or
    • In the event that it is necessary to confirm the security of the Services Equipment due to unauthorized access to the Services Equipment by a third party or other incidents.
  2. The Company may suspend the provision of the Services with prior notice to the Users for the purpose of inspection or maintenance of the Services Equipment.
  3. In the event of unavoidable circumstances, the Company may terminate the provision of the Services with prior notice to the Users, and the Users shall agree to this in advance.
  4. Except in the case of willful misconduct or negligence on the part of the Company, the Company shall not be liable for any damages incurred by the User as a result of the suspension or termination of the Services as described in the preceding three paragraphs.

Article 18 (Prohibited Acts)

  1. The User shall be prohibited from engaging in any of the following acts. The determination of whether the User’s conduct constitutes such prohibited acts or not shall be made by the Company, and the User shall abide by the Company’s reasonable determination.
    • To infringe, or potentially infringe, intellectual property rights, such as copyrights and trademark rights, or other rights of the Company or any third party;
    • To alter or delete the details of the Services or information available through the Services;
    • To conduct transactions using tools other than the Services provided by the Company, or to commit any act that is suspected of such transactions;
    • To cause any third party to use the Services in violation of the Terms, etc.;
    • To commit any act related to money laundering or any act similar thereto;
    • To violate laws and regulations, or public order and morals, or to cause disadvantage to the Company or any third party;
    • To discriminate against, slander, defame, or discredit others;
    • To commit any act leading to, or potentially leading to, fraud or other crimes;
    • To transmit or post images or documents which constitute obscenity, child pornography, or child abuse;
    • To establish or solicit to a pyramid scheme;
    • To impersonate a third party to use the Services;
    • To transmit or post harmful computer programs such as viruses;
    • To send any advertising, promotional, or solicitation emails to a third party without authorization, or any emails that offend, or potentially offend, a third party (harassing emails);
    • To interfere, or potentially interfere, with the use or operation of the Services Equipment;
    • To use information obtained through the Services for any purpose other than the Services or to disclose or divulge such information to any third party, without the Company’s consent;
    • To engage in Antisocial Behavior directly or by using any third party;
    • To use the Services and the Gaming NFTs for gambling or any other illegal purposes;
    • To commit any of the following acts for the purpose of causing price fluctuation in the Gaming NFTs;
      • To disseminate to an unspecified majority of people of facts that have no reasonable grounds and are not directly experienced or recognized by that person committing the act;
      • To commit fraudulent acts using deceptive means or to engage in conduct that deliberately stirs others’ interest in gambling; or
      • To use violence or threats;
    • To use fraudulent means, schemes, or techniques, or to make false or misleading representations in any material respect, in connection with the purchase or sale of the Gaming NFTs;
    • To commit any act that is deemed inappropriate or suspicious in terms of the use of the Services;
    • To do the user registration multiple by the same person;
    • To use a single account, etc. with several parties, or to cause any third party other than the User to use its account, etc. (Provided, however, that unless otherwise approved by the Company);
    • To disassemble, decompile, or reverse engineer the Services Equipment;
    • To commit fraudulent acts using deceptive means or to engage in conduct that deliberately stirs others’ interest in gambling;
    • To create any link on the Internet in a manner or for a purpose that encourages any of the foregoing acts; or
    • To commit any other acts that the Company reasonably deems inappropriate.
  2. If the Company reasonably determines that the User’s conduct falls under, or is likely to fall under, any of the items of the preceding paragraph, the Company may, without prior notice, take measures including to suspend all or part of such acts in violation, suspend all or part of the use of the Services, or deregister or suspend the user registration.
  3. The Company shall not be liable for any damages incurred by the User as a result of measures taken by the Company pursuant to the preceding paragraph, unless there is any willful misconduct or negligence on the part of the Company.

Article 19 (Deregistration)

  1. If the User falls under any of the following items, the Company may, without notice or demand, immediately suspend all or part of the use of the Services by the User or take measures such as deregistration or suspension of the User’s registration.
    • The User does not meet all of the requirements of each item of Article 4, Paragraph3, or the Company reasonably determines that it does not meet;
    • The User violates the Terms, etc. and such violation is not cured within a specified period of time despite a demand from the Company;
    • The User suspends payments or becomes insolvent, or a petition is filed for the commencement of civil rehabilitation proceedings, corporate reorganization proceedings, insolvency proceedings, special liquidation proceedings, special conciliations, or bankruptcy proceedings similar thereto;
    • The User becomes subject to an order of a clearing house to suspend its transactions;
    • A petition for provisional remedy, such as provisional seizure or provisional disposition, a petition for compulsory execution, such as seizure, or a petition for the commencement of procedures for the exercise of security interests is filed against the assets held by the User;
    • A petition for seizure, provisional seizure, or auction is filed against the User;
    • The Company reasonably determines that the User is involved in, or suspected of being involved in, money laundering and terrorist financing; or
    • The Company otherwise reasonably determines that the continued use of the Services by the User is not appropriate.
  2. In the event that the User falls under any of the items of the preceding paragraph, all obligations owed by the User to the Company shall automatically become immediately due and payable.
  3. The Company shall not be liable for any damages incurred by the User as a result of measures taken by the Company pursuant to Paragraph 1, unless there is any willful misconduct or negligence on the part of the Company.

Article 20 (No Warranty)

  1. The Company makes no warranties, express or implied, that the Services shall be suitable for the User’s specific purpose, that the Services shall have the expected functions, commercial value, completeness, accuracy, usefulness, safety, etc., that the use of the Services by the User shall comply with laws and regulations applicable to the relevant User, that the continuation of the use of the Services shall be ensured, and that defects shall not occur.
  2. The Company makes no warranties as to the value, function, end use, or intended use of the crypto assets and Gaming NFTs obtained or owned by the User through the Services and shall assume no liability (including liability for non-conformity to contract), unless there is any willful misconduct or negligence on the part of the Company.

Article 21 (Exemption from Liability)

  1. The Company shall not be liable for any damage listed in the following items, unless there is any willful misconduct or negligence on the part of the Company.
    • Damage caused by force majeure such as natural disasters, war, civil commotion, or riot;
    • Damage caused by a failure of the User’s Equipment or the User’s connection environment, such as failure of the Internet services connecting to the Services Equipment;
    • Damage caused by the performance of the Internet connection services, including response time of the Services Equipment;
    • Damage caused by entry of computer virus into the Services Equipment, the virus for which no virus patterns, virus definition files, etc. have been provided by a third party for the computer virus protection software installed for the Company by said third party;
    • Damage caused by unauthorized access to, attack on, or interception of communication channels to, the Services Equipment by a third party that cannot be prevented with due care;
    • Damage caused by the User’s failure to comply with any procedures, security measures, or other instructions provided by the Company;
    • Damage caused by software (including OS and middleware) of the Services Equipment that is created by a third party;
    • Damage caused by hardware and database of the Services Equipment that are created by a third party;
    • Damage caused by failure of telecommunications services provided by telecommunications carriers;
    • Damage caused by enforcement under Article 218 of the Code of Criminal Procedure (seizure/search/inspection with a warrant), the Act on Communications Interception for Criminal Investigation, or any other laws and regulations, or a court order;
    • Damage caused as a result of the creation, revision, repeal, or change in interpretation (including where such change has a retroactive effect) of any laws and regulations in relation to the Services;
    • Damage caused by third party websites, whether or not linked to the Website; or
    • Any other damage caused by any event not attributable to the Company.
  2. The Company shall not be liable for any damages incurred by the User as a result of the User specifying an incorrect Wallet Address on the Services, unless there is any willful misconduct or negligence on the part of the Company.
  3. The Company shall not be liable for any dispute between the User and a third party arising out of, or in connection with, the breach of the Terms, etc. or the use of the Services by the User, unless there is any willful misconduct or negligence on the part of the Company.

Article 22 (Compensation for Damages)

  1. If the User causes damage to the Company due to its breach of the Terms, etc., or its willful misconduct or negligence in connection with the use of the Services, the User must compensate for such damage.
  2. The Company shall be liable for damages incurred by the User in relation to the Services only to the extent of ordinary damages actually incurred as a direct result of the Company’s actions and shall not be liable for special damages or lost profits. The amount of any damages to be compensated shall not exceed the amount actually paid for the use of the Services; provide, however, that this shall not apply if there is any willful misconduct or gross negligence on the part of the Company with respect to such damages.

Article 23 (Handling of Personal Information)

The Company shall handle the User’s personal information in accordance with the privacy policy separately established by the Company.

Article 24 (Confidentiality)

  1. Confidential Information in this Article refers to the User’s or the Company’s technical, business, or operational information that is disclosed orally, in writing, or by electronic or other means by the User or the Company (in this Article, “Disclosing Party“) to the other party (in this Article, “Receiving Party“) in connection with the Terms, etc., the User Agreement, or the Services; provided, however, that information falling under any of the following items shall not constitute the Confidential Information.
    • Information which was already in the public domain at the time of disclosure;
    • Information which was already lawfully possessed by the Receiving Party at the time of disclosure;
    • Information which became public after disclosure through no fault of the Receiving Party;
    • Information which was disclosed by a duly authorized third party without any obligation of confidentiality; or
    • Information which was developed independently by the Receiving Party without using any information disclosed by the other party.
  2. The Receiving Party shall maintain the confidentiality of the Confidential Information with the same care as given to its own proprietary information, shall not use the Confidential Information for any purpose other than the use of the Services or the performance of the Terms, etc., and shall not disclose or divulge the Confidential Information to any third party without the consent of the Disclosing Party; provided, however, that this shall not apply to the disclosure of the Confidential Information pursuant to the provisions of laws and regulations, or rules of Japan or other countries, or upon the request of competent governmental agencies, self-regulatory organizations, stock exchanges, courts, or other public organizations.
  3. Notwithstanding the provisions of the preceding paragraph, the Receiving Party may, without the prior written consent of the other party, disclose the contents of the Confidential Information only to those officers and employees of the Receiving Party who need to know the Confidential Information for the use of the Services or the performance of the Terms etc. and external professionals such as attorneys, accountants, and tax accountants (collectively, “External Professionals“). In this case, the Receiving Party shall ensure that its own officers and employees (including those who have resigned or retired) and External Professionals handling the Confidential Information comply with the confidentiality obligations under this Article and shall be responsible for their compliance with the confidentiality obligations.
  4. The Receiving Party may copy or edit the Confidential Information received from the Disclosing Party to the extent necessary for the use of the Services or the performance of the Terms, etc.

Article 25 (Cancellation)

The User may cancel the Services, if so wishes, by following the procedures prescribed by the Company.

Article 26 (Effective Term of User Agreement)

The User Agreement shall remain in full force and effect between the Company and the User for a period from the date of the completion of the user registration under Article 4 for the User until the earlier of the date of the termination of the Services under Article 17, the date of deregistration under Article 19, or the date of cancellation of the membership under the preceding Article.

Article 27 (Notices)

  1. Except as otherwise provided in the Terms, etc., all notices from the Company to the User shall be made by email, posting on the Website, or any other method the Company deems appropriate.
  2. If the Company gives notice to the User by email or posting on the Website in accordance with the preceding paragraph, such notice shall become effective at the time such email is sent or such notice is posted on the Website, as the case may be. If the Company gives notice by mail to the address or office of the User, such notice shall become effective at the time of dispatch by the Company.
  3. If any notice regarding the Services is delayed or fails to be delivered due to the User’s relocation, absence, or other reasons not attributable to the Company, such notice shall be deemed to have been delivered at the time when it would normally have been delivered.

Article 28 (Amendments to the Terms, etc.)

  1. The Terms, etc. may be amended at the Company’s reasonable discretion if:
    • such amendment is in the general interest of the User; or
    • such amendment is not contrary to the purpose of the Terms, etc. and is reasonable in light of the need for the amendment, the adequacy of the Terms, etc. after the amendment, and the details of the amendment or any other circumstances behind the amendment.
  2. If the Company intends to amend the Terms, etc. pursuant to the preceding paragraph, the Company shall specify the effective date of the relevant amendment and shall notify, in advance before the effective date, its intention to amend the Terms, etc., the details of the post-amendment Terms, etc., and the effective date of the relevant amendment.

Article 29 (Assignment of Status under User Agreement)

  1. No User may assign to a third party, cause a third party to succeed to, or provide as collateral, or otherwise dispose of his/her status under the User Agreement, or all or part of his/her rights or obligations under the Terms, etc.
  2. If the Company transfers its business related to the Services to another company, the Company may, in connection with such transfer of business, transfer its status, rights, and obligations under the agreement with the User for the Services, and other User information, in whole or in part, to the transferee of such business transfer, and Users shall be deemed to have consented in advance to such transfer in this paragraph. The business transfer stipulated in this paragraph shall include not only normal business transfers, but also corporate divestitures and all other cases in which a business is transferred.

Article 30 (Survival)

In addition to this Article, the provisions of Article 3, Paragraphs 4 and 5; Article 5, Paragraphs 3 and 4; Article 9, Paragraph 4; Article 12; Article 13, Paragraph 4; Article 14, Paragraphs 5 and 6; Article 15; Article 16; Article 17, Paragraph 4; Article 18, Paragraph 3; Article 19, Paragraph 3; Articles 20 through 24; and Articles 29 through 32 shall survive the termination of the User Agreement; provided, however, that the provisions of Article 9, Paragraph 4; Article 13, Paragraph 4; and Article 14, Paragraphs 5 and 6 shall survive only if the User has outstanding obligations, and Article 16 shall survive only for three years after the termination of the User Agreement.

Article 31 (Governing Law and Jurisdiction)

  1. The Terms, etc. shall be governed by the laws of Japan.
  2. The Nagoya District Court shall be the agreed court of first instance with exclusive jurisdiction over any and all disputes arising in connection with the Services and the Terms, etc. between the User and the Company.

Article 32 (Consultation)

The Company and the User shall endeavor to promptly resolve any matter not stipulated in the Terms, etc. or any question arising from the interpretation of the Terms, etc. through mutual consultation in accordance with the principle of good faith.

Established on 5/24/2023