rakuza NFT marketplace V2

TERMSTerms of Use

These Terms of Use (hereinafter referred to as "these Terms") set forth the conditions for the provision of RAKUZA Co., Ltd.'s service, RAKUZA (hereinafter referred to as "the Service"), and the rights and obligations between the company (hereinafter referred to as "the Company") and users of the Service (hereinafter referred to as "Users"). In order to use the Service, Users must read the entire text of these Terms and agree to them.

Chapter 1General Provisions

Article 1Application

  1. These Terms are intended to define the conditions of provision and the rights and obligations related to the use of the Service between the Company and Users, and shall apply to all relations related to the use of the Service between Users and the Company.
  2. Rules and other regulations related to the use of the Service posted on the Company's website shall constitute a part of these Terms.
  3. In the event of any discrepancy between the content of these Terms and the rules mentioned in the preceding paragraph or other descriptions of the Service outside of these Terms, the provisions of these Terms shall take precedence.
  4. Users shall use the Service only after agreeing to the content of these Terms.

Article 2The Service

  1. Users can purchase and own Non-Fungible Tokens (hereinafter referred to as "NFTs"), which certify ownership of artworks such as cels, etc. (hereinafter referred to as "Artworks, etc.") based on the ownership rights, using the cryptocurrency specified by the Company on the Service. The NFTs handled by the Company do not correspond to "cryptographic assets" under the law concerning payment services.
  2. The Company can list NFTs on the Service for sale to Users and, depending on the transaction status of NFTs listed and purchased between Users, obtain a fee separately determined by the Company.
  3. Users can purchase NFTs from the Company on the Service and list and purchase NFTs among registered Users.
  4. The original Artworks, etc., owned by Users based on the purchased NFTs, will be managed and stored by the Company.
  5. When Users withdraw from the Service, they can request the delivery of the original Artworks, etc., based on the NFTs they own at the time of withdrawal. The Company will deliver the original Artworks, etc., to the Users upon completion of the prescribed procedures such as invalidation of the relevant NFTs.
  6. After a User purchases an NFT listed by the Company or another User on the Service and the payment is completed on the Service, the NFT will be reflected in the User's account. At this point, the User who purchased the NFT will acquire the right to use it within the scope defined for each NFT.
  7. The rights included in the NFTs sold on the Service are those explicitly stated in the Service, and all other rights belong to the original author or other rights holders as separately defined.
  8. Users may use the images displayed based on the NFTs only for private use. Without the explicit permission of the original author, Users may not use the image data and benefits such as framed pictures for copying, downloading, streaming, capturing, archiving, uploading, publishing, republishing, distributing, selling, reselling, modifying, creating derivative works, or any commercial use that goes beyond private use.
  9. Users cannot possess or request the transfer of the original Artworks, etc., owned based on the purchased NFTs while using the Service.
  10. Users cannot sell, transfer, pledge, or set transfer collateral for the original Artworks, etc., owned based on the purchased NFTs outside of the Service to third parties, etc., while using the Service.
  11. All listings and purchases among Users are the sole responsibility of the Users. Except when the Company lists items, the Company does not conduct exchanges itself, nor does it accept commissions for exchanges, nor does it involve itself in the execution of exchanges.
  12. If fraudulent activities related to the payment or violations of the terms of service, usage methods, etc., on the Service are discovered after the payment for the purchase of an NFT is completed and the NFT is delivered, the Company may, without prior notice or demand, recover or invalidate the delivered NFT and process it as invalid ownership.

Article 3Registration

  1. Those who wish to use the Service (hereinafter referred to as "Applicants for Registration") may apply for registration to use the Service by agreeing to comply with these Terms and providing certain information (hereinafter referred to as "Registration Information") to the Company in the manner specified by the Company.
  2. The Company shall determine the eligibility of the Applicants for Registration who have applied for registration based on the provisions of the preceding paragraph, according to the Company's criteria, and notify the Applicants for Registration if the Company approves the registration. The registration of the Applicants for Registration as Users shall be deemed complete upon the Company's notification in accordance with this paragraph.
  3. Upon completion of the registration defined in the preceding paragraph, a Service Use Agreement shall be established between the Registered Users and the Company, and Users shall be able to use the Service in accordance with these Terms.
  4. The Company may refuse registration or re-registration if the Applicant for Registration falls under any of the following items, and the Company is not obligated to disclose the reasons for such refusal:
    • 01：If there is any falsehood, error, or omission in all or part of the Registration Information provided to the Company.
    • 02：If the person is a minor, adult ward, person under curatorship, or person under assistance and has not obtained the consent of their legal representative, guardian, curator, or assistant.
    • 03：If the Company determines that the person is a member of an antisocial force (meaning organized crime groups, members of organized crime groups, right-wing organizations, antisocial forces, or others equivalent thereto; hereinafter the same) or is involved in maintaining, operating, or managing antisocial forces through financial support or other means.
    • 04：If the Company determines that the person has violated a contract with the Company in the past or is related to such a person.
    • 05：If the person has been subject to the measures prescribed in Article 10 (Cancellation of Registration, etc.).
    • 06：If the Company determines that the registration is not appropriate for other reasons.

Article 4Change of Registration Information

Users shall promptly notify the Company of any changes to the Registration Information in the manner prescribed by the Company.

Article 5Management of User ID and Password, etc.

  1. Users shall appropriately manage and store their User ID and password related to the Service at their own responsibility and shall not allow a third party to use them, nor lend, transfer, change the name, sell, or otherwise dispose of them.
  2. Users shall be responsible for any damages arising from inadequate management, misuse, or use by a third party of their User ID and password, etc.

Article 6Use of the Service

  1. Users may use the Service within the scope and for the purposes of these Terms and without violating these Terms, only during the period in which they are validly registered as Users, in accordance with the methods prescribed by the Company.
  2. Users shall prepare and maintain at their own expense and responsibility the computer, software, and other equipment, communication lines, and other communication environments necessary to receive the Service (including the installation of necessary applications).
  3. Users shall take security measures at their own expense and responsibility to prevent computer virus infections, unauthorized access, and information leakage, according to their own Service usage environment.
  4. Users must compensate the Company for any damages caused to the Company by violating these Terms or in connection with the use of the Service.

Article 7Listing and Purchasing

  1. Users who list their owned NFTs on the Service (hereinafter referred to as "Listers") may cancel their listing before the establishment of an exchange contract. However, once an exchange contract is established, it cannot be canceled.
  2. Purchases can be made by exchanging the specified cryptocurrency with the Lister and the Company.
  3. When the purchase button is pressed by a User who has purchased an NFT listed on the Service (hereinafter referred to as "Purchaser"), an exchange contract between the Company or the Lister and the Purchaser regarding the said NFT and the specified cryptocurrency is established. The Purchaser may not cancel the exchange contract after its establishment and shall not claim the invalidity or cancellation of the transaction for any reason.
  4. If an exchange contract is established, the Purchaser shall exchange the specified cryptocurrency and the product with the Company or the Lister, and the balance of the cryptocurrency in the Purchaser's cryptocurrency trading account shall decrease at the time of the establishment of the exchange contract.
  5. When reflected in the NFT account, the Purchaser acquires the product related to the exchange contract, the Lister acquires the cryptocurrency deducted from the sales commission related to the exchange contract, and the balance of NFTs in the Purchaser's NFT account and the balance of cryptocurrency in the Lister's cryptocurrency trading account shall increase.
  6. If the Lister makes a listing that violates these Terms, or if the Company determines that the Lister has made a listing without the true intention to enter into an exchange contract, or if the Company determines it to be inappropriate, the Company may invalidate the listing without prior notice to the Lister. If a listing is invalidated, the Company may invalidate the purchase related to that listing.
  7. The Company does not guarantee the establishment of exchange contracts between Users.

Article 8Fees

The Lister shall pay the Company a fee calculated by multiplying the NFT exchange price by a rate separately determined by the Company, in the specified cryptocurrency at the time of the establishment of the exchange contract.

Article 9Prohibited Actions

  1. Users shall not engage in any of the following acts or acts deemed by the Company to be equivalent when using the Service:
    • 01：Acts that violate laws or are related to criminal activity.
    • 02：Fraudulent or threatening acts against the Company, other users of the Service, or any other third parties.
    • 03：Acts that violate public order and morals.
    • 04：Acts that infringe on the intellectual property rights, rights of publicity, rights to privacy, honor, or any other rights or interests of the Company, other users of the Service, or any other third parties.
    • 05：Engaging in fraudulent methods, plans, or techniques related to the exchange of NFTs, or making representations that cause falsehoods or misunderstandings about important matters.
    • 06：Acts that constitute or attempt to constitute double transfer of NFTs.
    • 07：Listing or purchasing without the true intention to enter into an exchange contract.
    • 08：Acts carried out for the purpose of fluctuating the price of NFTs, such as:
      • Spreading facts without a reasonable basis to an unspecified number of people, which the actor has not directly experienced or recognized.
      • Using means that deceive others to commit fraudulent acts, or making statements that unduly incite others' gambling spirit.
      • Using assault or threats.
    • 09：Selling, transferring, pledging, or setting collateral for Artworks, etc., outside of the Service to third parties, etc.
    • 10：Acts that place an excessive load on the network or systems of the Service.
    • 11：Reverse engineering or other analytical acts on the software or other systems provided by the Company.
    • 12：Acts that may interfere with the operation of the Service.
    • 13：Unauthorized access to the Company's network or systems, etc.
    • 14：Impersonating a third party.
    • 15：Using the ID or password of another user of the Service.
    • 16：Advertising, solicitation, or business activities on the Service without the Company's prior permission.
    • 17：Collecting information of other users of the Service.
    • 18：Acts that cause disadvantage, damage, or discomfort to the Company, other users of the Service, or any other third parties.
    • 19：Acts that violate the rules regarding the use of the Service posted on the Company's website.
    • 20：Providing benefits to antisocial forces, etc.
    • 21：Other acts that the Company deems inappropriate.
  2. If the Company determines that a User has engaged in any of the acts listed in the preceding paragraph or is likely to engage in such acts, the Company may, at its discretion, take measures such as deleting or suspending the User's NFT account without prior notice to the User. If the User's account is deleted, the ownership of the Artworks, etc., based on the NFTs owned by the User shall automatically and gratuitously transfer to the Company.
  3. Even if a User suffers damage as a result of measures taken by the Company based on this article, the User shall not make any claims against the Company. Furthermore, if the Company suffers damage, the User shall be responsible for it.

Article 10Suspension of the Service, etc.

  1. The Company may suspend or interrupt all or part of the provision of the Service without prior notice to registered users in any of the following cases:
    • 01：When urgent inspection or maintenance work on the computer system related to the Service is required.
    • 02：In the event of a failure of computers, communication lines, etc., misoperation, excessive concentration of access, unauthorized access, hacking, etc., requiring investigation or when the operation of the Service becomes impossible.
    • 03：When the operation of the Service becomes impossible due to force majeure such as earthquakes, lightning, fire, flood damage, power outages, natural disasters, etc.
    • 04：In other cases where the Company deems it necessary to suspend or interrupt the Service.
  2. The Company may change or terminate all or part of the provision of the Service at its convenience. In this case, the Company shall notify users in advance.
  3. If the Company terminates the Service, users may request the delivery of the original Artworks, etc., based on the NFTs they hold, and the Company shall deliver the original Artworks, etc., upon completion of the prescribed procedures.
  4. The Company shall not be liable for any damages incurred by users due to measures taken based on this article.

Article 11Attribution of Rights

  1. All intellectual property rights related to the Company's website and the Service belong to the Company or those who have granted a license to the Company, and the license to use the Service based on these Terms does not imply a license to use the intellectual property rights of the Company or those who have granted a license to the Company related to the Company's website or the Service.
  2. The Company may freely use (including reproduction, copying, modification, re-licensing to third parties, and all other uses) at no cost any text, images, videos, or other data posted or transmitted by users on the Company's website or the Service.

Article 12Cancellation of Registration, etc.

  1. If a user falls under any of the following items, the Company may temporarily suspend the use of the Service for the user or terminate the Service use contract without prior notice or demand:
    • 01：If the user violates any provision of these Terms.
    • 02：If it is found that there is a falsehood in the registration information or the Company determines that there is a possibility of falsehood.
    • 03：If the user becomes unable to pay or insolvent, or if a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings is filed.
    • 04：If the user is subject to provisional seizure, provisional disposition, compulsory execution, or auction application, or receives a delinquent disposition of taxes and public charges.
    • 05：If there is no use of the Service for more than 12 months.
    • 06：If there is no response to inquiries or other communications requiring a response from the Company.
    • 07：Regardless of the method, if the operation of this service is obstructed.
    • 08：If the Company determines that it is not appropriate for the user to continue using the Service or to remain registered as a user.
  2. If any of the items in the preceding paragraph apply, the registered user shall immediately lose the benefit of time for all debts owed to the Company and must immediately pay all debts to the Company.
  3. If any of the items in paragraph 1 apply and the registration is canceled, the Company may recover or invalidate the NFTs held by the user on the Service at the time specified by the Company without prior notice to the user, and the ownership of the Artworks, etc., based on the NFTs shall automatically and gratuitously transfer to the Company.
  4. The Company shall not be liable for any damages incurred by users due to actions taken by the Company based on this article.

Article 13Withdrawal

  1. Users may request to withdraw from the Company, and may withdraw from the Service upon completion of the procedures prescribed by the Company.
  2. When withdrawing from the Service, users may request the delivery of the original Artworks, etc., based on the NFTs they hold at the time of withdrawal, and the Company shall deliver the original Artworks, etc., upon completion of the prescribed procedures.

Article 14Disclaimer

  1. Users shall investigate at their own responsibility and expense whether the use of this Service violates any applicable laws or regulations. The Company does not guarantee that the use of this Service by users complies with any applicable laws or regulations.
  2. The Company does not guarantee that there are no reasons that would invalidate, cancel, rescind, or otherwise prevent the establishment or validity of exchange contracts made between users.
  3. Users shall handle and resolve at their own responsibility any transactions, communications, disputes, etc., that arise between them and other users or third parties in relation to this Service or the Company's website.
  4. The Company does not guarantee that there will be no interruption, suspension, termination, unavailability, or change in the provision of this Service by the Company. Furthermore, users shall handle and resolve at their own responsibility any deletion or loss of users' messages or information, cancellation of users' registration, loss of data, or failure or damage of equipment by users.
  5. The Company does not guarantee any information obtained from websites other than the Company's website and links provided from the Company's website to other websites or from other websites to the Company's website.
  6. The Company does not explicitly or implicitly guarantee that this Service is free of factual or legal defects (including defects related to security, errors, bugs, rights infringement, etc.), nor does it guarantee safety, reliability, accuracy, completeness, effectiveness, or suitability for a particular purpose.
  7. The Company does not guarantee that there will be no future enactment or changes in laws, ordinances, regulations, orders, notifications, bylaws, guidelines, or other regulations (hereinafter referred to as "laws, etc.") or related income tax and consumption tax systems regarding NFTs and cryptocurrencies.
  8. Even if an exchange is established, the Company may cancel the exchange if it was erroneously established due to a system anomaly or other causes, or if it was established at a price clearly divergent from the market price.
  9. The Company does not guarantee that users will not suffer damage if the effect of future enactment or changes in laws, etc., or related income tax and consumption tax systems regarding NFTs and cryptocurrencies is retroactive.
  10. The Company does not guarantee the domestic and international tax treatment of purchasers and listers, which should be confirmed and fulfilled by the purchasers and listers themselves.
  11. The Company does not guarantee the value, stability, and legality of the NFT itself.
  12. Notwithstanding the provisions of the preceding paragraphs, if the Company is liable to compensate for damages to users (limited to individuals who are not contracting parties for business or for business purposes) due to reasons attributable to the Company's fault in providing the Service, unless the Company has intentional or gross negligence, the scope of the Company's liability for damages shall be limited to the actual damages directly caused by the Company's actions, and shall be capped at the total amount of fees actually received from the user during the one month period retroactively from the time the cause of the damage occurred.
  13. Notwithstanding the provisions from Article 14(1) to Article 14(12), even if users (limited to cases where they are contracting parties for business or for business purposes, excluding cases where the Consumer Contract Act applies) suffer damage due to the Service provided by the Company, the Company shall not be liable to such users unless the Company has intentional or gross negligence.

Article 15Confidentiality

Users shall treat as confidential any non-public information disclosed by the Company to the users in connection with this Service that the Company requests to be treated as confidential, except with the Company's prior written consent.

Article 16Handling of Personal Information

  1. The handling of personal information of registered users by the Company shall be governed by the separately established Privacy Policy, and users agree to the handling of personal information of registered users by the Company in accordance with this Privacy Policy.
  2. The Company may use and disclose the information and data provided by users as statistical information in a form that does not identify individuals, and users shall not object to this.

Article 17Amendment of These Terms, etc.

The Company may amend these Terms, etc. In the event of an amendment, the Company shall notify users of the effective date and content of the amended Terms, etc., on the Company's website or by other appropriate methods. If users use the Service after the effective date or do not go through the cancellation procedures within the prescribed period, they are deemed to have agreed to the amendments.

Article 18Contact/Notification

  1. Inquiries and other communications or notifications from users to the Company regarding the Service, and notifications of changes to these Terms and other communications or notifications from the Company to users shall be made in the manner prescribed by the Company.
  2. When the Company contacts or notifies the contact information included in the registration details, users are deemed to have received such contact or notification.

Article 19Assignment of Position in Service Use Agreement, etc.

  1. Without the prior written consent of the Company, users may not assign, transfer, set security interests on, or otherwise dispose of their position under the usage contract or rights or obligations under these Terms to any third party.
  2. If the Company transfers the business related to this Service to another company, the Company may transfer the position under the usage contract, rights and obligations under these Terms, and registered user information and other customer information to the transferee, and users hereby agree in advance to such transfer. This clause includes not only ordinary business transfers but also any case where the business is transferred, such as company splits.

Article 20Exclusion of Antisocial Forces

Users represent that they are not currently and will not be in the future associated with antisocial forces (including organized crime groups, organized crime group members, quasi-members of organized crime groups, companies related to organized crime groups, corporate extortionists, etc., social movement racketeers, or special intelligence violent groups, etc., or others equivalent to such forces) and will not engage in any acts related to such forces.

Article 21Severability

Even if any provision or part of these Terms is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and the remaining parts of the provision determined to be invalid or unenforceable shall continue to be in full force and effect.

Article 22Governing Law and Jurisdiction

  1. The governing law of these Terms and the Service Use Agreement shall be Japanese law.
  2. The Tokyo District Court shall have exclusive jurisdiction over any disputes arising from or related to these Terms or the Service Use Agreement.

Chapter 2Vendor Terms

Article 23Vendor Services

  1. 1. Users may open a store within this service (hereinafter referred to as "Vendor Services"). Users who open a store through Vendor Services (hereinafter referred to as "Vendor Users") can issue new Non-Fungible Tokens (hereinafter referred to as "Vendor NFTs") using the program developed by the Company and list those Vendor NFTs for sale. Users can purchase Vendor NFTs using the cryptocurrency specified by the Vendor User from among those designated by the Company (hereinafter referred to as "Purchasing Users"). The NFTs handled by the Company do not fall under the category of "cryptocurrency" under the Payment Services Act.
  2. The Company may receive a fee determined separately based on the transaction status of Vendor NFTs listed and purchased between Vendor Users and Purchasing Users.
  3. After a Purchasing User buys a Vendor NFT from a Vendor User on this service and the payment is completed on the Vendor Services, the NFT will be reflected in each user's account. At this point, the user who purchased the Vendor NFT will acquire the right to use it within the scope defined for each Vendor NFT.
  4. In Vendor Services, NFTs that infringe on the intellectual property rights of others (copyrights, design rights, patent rights, utility model rights, trademark rights, industrial property rights, etc.), NFTs that violate public order and morals, and other NFTs deemed unsuitable by the Company for Vendor Services must not be listed for sale.
  5. The rights included in the Vendor NFTs sold through Vendor Services are limited to the rights specified in the Vendor Services, and all other rights belong to the original author or other rights holders as specified separately.
  6. Purchasing Users may use the images displayed based on the Vendor NFTs only for private use. Without the explicit permission of the original author of the Vendor NFT, Purchasing Users may not use the image data and the benefits such as framed pictures for copying, downloading, streaming, capturing, archiving, uploading, publishing, republishing, distributing, selling, reselling, modifying, creating derivative works, or any commercial use that goes beyond private use.
  7. All listings and purchases made between users utilizing Vendor Services are the sole responsibility of the users. The Company does not engage in buying or selling itself, does not accept commissions for buying or selling, and does not involve itself in the execution of transactions.
  8. If fraudulent activities related to the payment or other violations of the terms and conditions or usage methods of this service are discovered after the payment for the purchase of Vendor NFT is completed and the Vendor NFT is delivered, the Company may recover or invalidate the delivered Vendor NFT without prior notice or demand and invalidate the ownership.
  9. Users must apply both Chapter 1 and Chapter 2 of these Terms when using Vendor Services.
  10. If the content of Chapter 1 of these Terms differs from that of Chapter 2, the provisions of Chapter 2 shall take precedence for Vendor Services.
  11. Users shall agree to the contents of these Terms before using Vendor Services.

Article 24Application for Store Opening and Establishment of Store Contract

  1. Those who wish to use the store services (hereinafter referred to as "Applicants") must accept these terms and provide certain information specified by the Company (hereinafter referred to as "Registration Information") and apply for the use of this service based on the prescribed procedures.
  2. Users who wish to apply for a store contract must make the application by depositing the specified usage fee. In such cases, users must pay the amount billed by the Company by the specified due date using the payment method designated by the Company.
  3. The Company will review the eligibility of the Applicants according to its standards, and if the Company approves the use by the Applicant, it will grant store privileges to the user and notify them of the grant of store privileges and the method of opening a shop via email.
  4. The store service contract (hereinafter referred to as "Store Contract") is established between the Company and the Applicant at the time the notification in the preceding paragraph is delivered.
  5. The Company may refuse an application for use if the Applicant falls under any of the following reasons:
    • 01：If there is any falsehood, error, or omission in all or part of the Registration Information provided to the Company.
    • 02：If the Applicant is a minor, adult ward, person under curatorship, or person under assistance and has not obtained the consent of their legal representative, guardian, curator, or assistant.
    • 03：If the Company determines that the Applicant is a member of antisocial forces (such as organized crime groups, members of organized crime groups, right-wing groups, antisocial forces, or others equivalent to these) or is involved or interacting with such forces through financial support or other means.
    • 04：If the Applicant falls under any of the items of Article 25, Paragraph 1, or there is a possibility of such.
    • 05：If the Company deems the use inappropriate for any other reason.
  6. The Company may request the submission of necessary documents from the user for identity verification, registration information, and confirmation of eligibility, and the user shall agree to this in advance.
  7. If the user is a minor, they must obtain permission from their parental authority or other legal representative to use the store services and to operate an online shop using the store services. The Company may assume that the user has obtained the permission specified in this paragraph when using the store services.

Article 25Cancellation of Store Contract

  1. If it is discovered after the application for a store contract that the Vendor User falls under any of the following, the Company may cancel the store contract without any notice or demand and delete the data registered by the Vendor User from the server. If the actions of the Vendor User who falls under any of the following cause damage to the Company or a third party, the Vendor User shall compensate the Company or the third party for the damage incurred.
    • 01：If the Company determines that the user has been disqualified or expelled due to a violation of the terms in the past.
    • 02：If the user did not follow the prescribed procedures for applying to use the store services.
    • 03：If the payment of the usage fee for the store services is not confirmed by the specified due date.
    • 04：If the Company determines that there is a risk that the user will fail to pay the usage fees or other charges presented by the Company.
    • 05：If the Company determines that the user, being a minor, has not obtained the permission specified in Article 24, Paragraph 6.
    • 06：If the Company determines that the use of the store services by the user may hinder the operation of the system of the store services.
    • 07：If it is discovered that the Company's competitors or others are attempting to contract for the purpose of investigating the Company's business content.
    • 08：If the user causes any disadvantage to the Company due to their intention or negligence.
    • 09：If the user interferes with the operation of the store services.
    • 10：If the user tampers with the information posted on the store services.
    • 11：If the user uses the ID and password improperly.
    • 12：If the user is recognized as belonging to an organized crime group or other antisocial forces, or if any of the user's associates are recognized as belonging to such forces.
    • 13：If the user engages in prohibited activities stipulated in these terms.
    • 14：If the user violates any provision of these terms.
    • 15：If the user has not logged into the members-only page of the store services for more than a year and does not respond to the Company's contact based on the registration information.
    • 16：If the Company, at its own discretion, determines that the use of the store services by the user is disadvantageous to the Company and other users.
  2. The Company shall not be liable for any damages incurred by the Vendor User as a result of the cancellation of the store contract by the Company.
  3. Vendor NFTs issued by the Vendor User at the start of using the store services will remain on the blockchain due to the nature of the blockchain, even after the cancellation of the store contract. However, Vendor NFTs after the cancellation of the store contract will not be covered by the Company's services and guarantees, and the Company shall not be liable for them.

Article 26Contract Period

The usage period shall be 12 months, and the usage period shall be calculated from the first day of the month following the start date of the store contract. The usage fee from the start date of this contract to the end of the current month shall be as specified in Article 33, Paragraph 1.

Article 27Continuation of Use

  1. If a vendor user does not wish to continue using the service after the expiration of the store contract period, they must file a notice of cancellation on the members-only page by the end of the said period.
  2. If no notice of refusal to renew is given by the end of the store contract period, the store contract will be renewed for another 12 months under the same conditions, and the vendor user agrees in advance to this automatic renewal.
  3. The vendor user shall pay the usage fee for the next contract before the expiration of the store contract period.
  4. If the payment for the contract renewal fee is not confirmed, the Company may immediately terminate the store contract without any notice, assuming that the vendor user has no intention to continue using the service.
  5. If a notice of cancellation of the store contract is filed, the Company shall notify the vendor user of the contract termination via email. Furthermore, the Company shall not be involved in data retention after the termination of the store contract and shall not be responsible for it.
  6. Vendor NFTs issued by the vendor user at the start of using the store services will remain on the blockchain due to the nature of blockchain technology, even after the termination of the store contract. However, Vendor NFTs after the termination of the store contract will not be covered by the Company's services and guarantees, and the Company shall not be liable for them.

Article 28Change of Registrant Information

If there is any change in the registrant information declared at the time of application, the vendor user must immediately make the changes themselves on the members-only page. Please note that the Company cannot accept requests for changes via email or the inquiry form.

Article 29Suspension of Use

If a vendor user falls under any of the following, the Company may immediately suspend the provision of the listing service to the vendor user, regardless of the reason, and may suspend or expel the vendor user's membership. Furthermore, if the vendor user causes damage to the Company due to a violation of the terms, the Company may claim damages from the vendor user.

  1. If the user has made a false declaration to the Company.
  2. If the user has acted in violation of these terms.
  3. If the user has acted or is deemed by the Company to have the potential to act in violation of these terms.
  4. If there is no payment of fees as stipulated in these terms.
  5. If there is a petition for seizure, provisional seizure, provisional disposition, compulsory execution, or auction, or if the user has been delinquent in paying taxes and received a demand.
  6. If there is a petition for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or other legal insolvency proceedings, or if the user has entered into liquidation or voluntary arrangement.
  7. If the user has resolved to reduce capital, discontinue, suspend, change, or transfer all or a significant part of the business, or has dissolved (including dissolution based on laws).
  8. If the user has fallen into a state of payment suspension or insolvency, or has received a dishonored payment disposition.
  9. If the Company determines that the user's credit status has deteriorated.
  10. If the user has received attention or advice from relevant authorities regarding the handling products and sales methods, etc.
  11. If the user has received a business suspension order from the relevant authorities, or if their business permit or license has been revoked.
  12. If the vendor user has not logged into the members-only page of the store services for more than a year and does not respond to the Company's contact based on the registration information.
  13. If the Company deems the user's use of the store services to be inappropriate for any other reason.

Furthermore, the Company shall not be liable for any damages incurred by the vendor user due to the suspension of the store services for the above reasons.

Article 30Cancellation by Vendor User

  1. If a vendor user wishes to cancel the store contract in the store services, they must file a notice through the members-only page provided by the Company.
  2. The date the Company confirms the notice of cancellation will be considered the date of cancellation of the store contract if it is still in effect, with the contract expiring on the contract expiration date.
  3. In the case of the preceding paragraph, all debts of the vendor user related to the use during the contract period shall not be extinguished until the obligations have been fulfilled, even after the cancellation of the store contract.
  4. No refunds will be made for any fees already paid to the Company, and the vendor user acknowledges this.
  5. The expression of intent to cancel the store contract shall be deemed as an expression of intent to cancel all contracts related to the store services associated with the store contract.
  6. When canceling the store contract, the vendor user shall be responsible for backing up data, etc., and the Company shall not be involved in data retention after cancellation, nor shall it bear any responsibility.
  7. Vendor NFTs issued by the vendor user at the start of using the store services will remain on the blockchain due to the nature of blockchain technology, even after the termination of the store contract. However, Vendor NFTs after the termination of the store contract will not be covered by the Company's services and guarantees, and the Company shall not be liable for them.

Article 31Notifications from the Company

  1. If the Company deems it necessary to make notifications, it will do so from time to time by email, in writing, or by posting on the Company's site, or by any other method the Company deems appropriate.
  2. For notifications by email as mentioned in the preceding paragraph, the email address declared by the vendor user at the time of application will be used as the notification address.
  3. If the Company makes notifications on the homepage of this service, the vendor user is deemed to have received the notification on the date it is posted on the homepage. Similarly, if the notification is made by email, the vendor user is deemed to have received the notification at the time the Company sends the email to the vendor user.
  4. The Company shall not be responsible for any damages resulting from false, erroneous, or incomplete information reported by the vendor user, which prevents the delivery of communications from the Company. If the Company contacts the vendor user by mail or courier, the delivery is considered to have arrived after the usual period, even if there is non-delivery or delay due to refusal to accept, absence, or other circumstances.

Article 32Setting the Scope of Service Provision

The Company may set or change the scope of limitations for the provision of store services to vendor users.

Article 33Usage Fees

  1. The usage fee shall be applied according to the fee schedule separately determined by the Company.
  2. The Company may change the usage fees without the consent of the vendor user.
  3. If there is a change in the usage fees, the Company shall notify the vendor user.
  4. All fees related to the store services paid by the vendor user to the Company shall not be refunded under any circumstances.

Article 34Payment

  1. The Company will notify the payment methods and payment due dates for the usage fees separately on the fee schedule or online, or by email.
  2. The vendor user shall bear the cost of transfer fees and other expenses paid to financial institutions.
  3. If the vendor user selects any payment method specified in the separate fee schedule, and there is an error in the payment method, they must immediately contact the Company via the inquiry form.
  4. If the Company cannot confirm the fact that the vendor user has made a payment due to the vendor user's negligence, such as depositing by a method not specified by the Company, the Company shall not be responsible for any damages incurred by the vendor user or any third party.

Article 35Fee Revision

The Company may revise the fees without the consent of the vendor user, and the vendor user agrees to this. Furthermore, the revised fee structure will be applied at the time of contract renewal.

Article 36Changes, Suspension, and Discontinuation of Store Services

The Company may change the content of the store services or suspend or discontinue them without prior notice to the users. The Company will announce such changes, suspensions, or discontinuations through means it deems reasonable.

Article 37Temporary Interruption of Store Services

The Company may temporarily interrupt the store services without prior notice to the users in the following cases. Furthermore, the Company shall not be liable for any damages incurred by the user or any third party due to delays or interruptions in the provision of store services caused by the following reasons:

  1. When maintenance, inspection, repair, or modification of the system (including communication lines, power supply, and the buildings housing them) is performed regularly or urgently.
  2. When the provision of store services becomes impossible due to fire, power outage, etc.
  3. When the provision of the services becomes impossible due to natural disasters such as earthquakes, eruptions, floods, tsunamis, etc.
  4. When the provision of store services becomes impossible due to unforeseen circumstances such as war, disturbance, riot, epidemic, labor disputes, etc.
  5. When regulations by laws or judicial orders are applied.
  6. When the Company deems it necessary to temporarily interrupt the store services for operational or technical reasons.

Article 38Discontinuation of the Service

  1. The Company may discontinue all or part of the store services provided to users due to business reasons.
  2. If the Company decides to discontinue the store services as specified in the preceding paragraph, it will notify the users at least one month in advance by a method the Company deems appropriate.
  3. The Company shall not be liable for any damages incurred by the user due to the discontinuation of the store services.

Article 39Vendor User's Equipment, etc.

The vendor user shall prepare, at their own responsibility and expense, all communication equipment, software, communication lines, etc., necessary for using the store services and related services, and shall operate and connect them.

Article 40Management Responsibility for ID and Password

  1. The vendor user shall bear all responsibility for the lending, management, and use of the ID and password, and shall be fully responsible if the ID and password are misused by the user or a third party.
  2. The user of the ID and password shall be subject to these terms, and if the user's actions violate these terms, the Company will respond based on these terms. Furthermore, the vendor user is responsible for ensuring that the user of the ID and password complies with these terms.
  3. If the Company determines that the ID and password have been used improperly, it may suspend the vendor user's membership without prior notice. In such a case, the Company shall not be liable for any damages incurred by the vendor user or the user of the ID and password if they are unable to use the store services.

Article 41Prohibited Actions

Users are prohibited from engaging in the following actions when using the store services, and this article also applies to related services:

  1. Actions that infringe or may infringe on the intellectual property rights (such as copyrights, design rights, patent rights, utility model rights, trademark rights, industrial property rights, etc.) of other users of this service, third parties, or the Company, regardless of whether they occur on the store services platform.
  2. Actions that infringe or may infringe on the property, credit, or privacy of other users of this service, third parties, or the Company, regardless of whether they occur on the store services platform.
  3. Actions that cause or may cause disadvantage to other users of this service, third parties, or the Company, regardless of whether they occur on the store services platform.
  4. Actions that defame or may cause discomfort to other users of this service, those entrusted by the Company with community management, third parties, or the Company, regardless of whether they occur on the store services platform.
  5. Actions involving the sale or transfer of personal information of other users of this service or third parties, or actions that may lead to such transactions.
  6. Actions that are against public order and morals or may encourage such actions.
  7. Providing information that is against public order and morals to other users of this service or to third parties.
  8. Selling, transferring, or posting information deemed harmful to minors, or actions that encourage such transactions.
  9. Actions that violate laws or criminal acts, or actions that may assist in such violations.
  10. Actions that hinder the operation of this sevice or other services provided by the Company, or actions that damage the Company's credit or reputation.
  11. Using or providing harmful programs such as computer viruses through or in relation to this service.
  12. Impersonating others to send, receive, or display information.
  13. Using the Company's email service to send emails, etc., indiscriminately or in large quantities to a large number of unspecified individuals against their will, or distributing email information to a large number of recipients without prior approval.
  14. Unauthorized use of IP addresses, accounts, IDs, passwords, email addresses, and domain names.
  15. Allowing third parties to use this service without the Company's permission.
  16. Illegally altering information entered by other users of this service, third parties, or the Company on the internet.
  17. Unauthorized access to servers or other computers of the Company.
  18. Providing information that is contrary to the facts or may be so in this service.
  19. Actions that violate the voluntary standards for advertising set by the Japan Mail Order Association.
  20. Actions that violate the Public Offices Election Law.
  21. Engaging in business activities that are the same or similar to those of the Company.
  22. Selling prohibited items in the store services.
  23. Associating with anti-social forces such as organized crime groups, conducting transactions or providing funds regardless of the pretext, or actions that the Company deems to be equivalent.
  24. If the user is a minor, using the store services without the permission specified in Article 24, Paragraph 7, or operating an online shop using the store services.
  25. Entering or causing to enter and retain information related to one's own or another purchaser's or third party's credit card, debit card, or cash card (including all information such as the user's name, expiration date, and security code) on the online shop operated using the store services or on the user-exclusive page, without following the procedures prescribed by the Company.
  26. Other actions that the Company deems inappropriate.

Article 42User's Obligations and Responsibilities

  1. Vendor users must understand the store contract and strive to fulfill and strictly adhere to it.
  2. Vendor users must display information identifying the business operator within their own online shop.
  3. Vendor users may display the address and telephone number specified by the Company (hereinafter referred to as "the Company's contact information") in place of the information identifying the business operator based on the preceding paragraph, only if all of the following conditions are met and with the consent of the Company:
    • 01：Agree that the Company's contact information will function as the contact for transactions related to mail-order sales by the user.
    • 02：Agree that if there is an inquiry from a purchasing user to the Company's contact information, the Company may disclose the vendor user's address and telephone number to the consumer based on its judgment.
    • 03：Respond sincerely to inquiries from purchasing users at their own responsibility.
    • 04：Ensure that the registered information matches the information identifying the user as a business operator.
    • 05：Meet other conditions separately determined by the Company.
  4. When operating an online shop using the store services, vendor users must comply with the Act on Specified Commercial Transactions, the Installment Sales Act, the Act against Unjustifiable Premiums and Misleading Representations, the Pharmaceutical Affairs Law, and other related laws and regulations. NFTs that infringe on the intellectual property rights of others (copyrights, design rights, patent rights, utility model rights, trademark rights, industrial property rights, etc.), NFTs that are against public order and morals, and other NFTs deemed unsuitable for the store services by the Company must not be listed for sale.
  5. If significant defects such as changes or defects become apparent in the ordered store NFTs, vendor users must promptly notify the purchasing user of the fact.
  6. Vendor users are obligated to maintain the quality of the store NFTs or services they sell and must promptly remove listed products if their quality is at risk of being compromised.
  7. If a sale of an NFT sold by a vendor user to a purchasing user is canceled due to defects in the NFT or reasons such as cooling-off, and a refund request for the purchase price arises from the user, the user must promptly respond to the refund request and is obligated to refund the purchasing user.
  8. Vendor users must strive to maintain the quality and image of the service and bear all responsibility for any actions that hinder this.
  9. When selling store NFTs to purchasing users within the online shop operated by the vendor user, the vendor user must sell the store NFTs at their own responsibility and bear responsibility for the entire content of the vendor user's content.
  10. Accidents and damages occurring in the online shop operated by the vendor user due to the vendor user's negligence shall be the sole responsibility of the vendor user, and the Company shall not be liable for any damages.
  11. When vendor users acquire information (including but not limited to personal information as defined by the Personal Information Protection Law, credit card numbers, etc.) of those who browse the online shop operated using the store services, those who purchase or attempt to purchase store NFTs, etc., they must take appropriate security measures at their own responsibility as the handler of such information and bear direct responsibility to the individual concerned for any leakage, loss, or damage of the information.
  12. If a vendor user causes damage to other users of this service or third parties through the use of the store services, the vendor user must resolve the issue at their own responsibility and expense and ensure that no damage is caused to the Company.
  13. If a user causes damage to the Company through actions that violate these terms or through fraudulent or illegal actions, the Company may claim damages from the user.
  14. When a vendor user uses the store services to sell store NFTs, they must take measures to protect intellectual property rights at their own expense and responsibility, and the Company shall not be liable for any store NFTs sold by the vendor user.
  15. Vendor users must provide appropriate explanations and support for the store NFTs they sell to purchasing users at their own expense and responsibility.
  16. Users agree to install certain tags produced by third parties (referring to HTML that measures the number of purchases or applications for purchase, etc.) in the online shop they operate, in addition to the functions provided by the Company. Users also agree to manage and use the installed tags at their own expense and responsibility.

Article 43Relationship between the Company, Vendor Users, and Purchasing Users

  1. Vendor users must promptly resolve any claims received from purchasing users regarding quality defects, flaws, damage, shortage of quantity, incorrect items, or other issues related to the store NFTs provided. If the Company requests improvements to the store NFTs or sales methods based on the content of the claim or dispute, the vendor user must make such improvements promptly.
  2. If a purchasing user requests a return of the store NFT due to a claim or dispute mentioned in the previous paragraph, the vendor user must respond promptly and take appropriate measures.

Article 44Prohibition of Transfer of Usage Rights, etc.

Vendor users may not transfer, use, or engage in similar acts regarding the rights they possess as members of the store services to third parties without the consent of the Company, nor may they pledge or otherwise use them as security.

Article 45Deletion of Information, etc.

  1. The Company may delete information posted by vendor users on the online shop through the store services in any of the following cases. In such cases, the Company will notify the vendor user by means deemed reasonable before or after the fact:
    • 01：If the content posted violates the prohibited actions defined in these terms or any other provision of these terms, as determined by the Company.
    • 02：If the information registered by the vendor user exceeds the capacity specified by the Company.
    • 03：If other users of this service or third parties claim that their rights have been infringed by the information posted online through the store services by the vendor user, and the Company has requested the vendor user's opinion within a specified deadline, but the vendor user has not responded by the deadline using the method specified by the Company.
    • 04：If the Company receives a request under Article 3, Paragraph 2, Item 2 of the Act on Limitation of Liability for Damages of Specified Telecommunications Service Providers and Disclosure of Senders' Information, and the Company determines that the vendor user has not displayed an email address, etc.
    • 05：If the vendor user reposts all or part of the information deleted by the Company according to the previous paragraph.
    • 06：If the Company determines that it is necessary to delete the information in accordance with laws and social norms.
  2. All responsibility for the information posted on the online shop by the vendor user lies with the vendor user, and the Company is not obligated to monitor or delete such information. Therefore, the Company is not liable for any damages incurred by the vendor user or third parties due to the Company's failure to delete the information.
  3. The Company is not liable for any damages incurred by the vendor user or third parties due to the deletion of information posted on the online shop through the store services by the vendor user, based on this article.

Article 46Responsibility for Providing Store Services

The Company will endeavor to maintain and operate dedicated facilities to ensure the smooth provision of store services. However, vendor users acknowledge in advance that the store services may be unavailable due to unforeseen circumstances.

Article 47Company's Obligations and Responsibilities

  1. The Company provides a system for building and operating online shops, and both the purchasing user and the vendor user are responsible for the transactions between them; the Company bears no responsibility whatsoever.
  2. The Company provides a convenient and high-quality payment environment and information on purchasing needs to vendor users, but does not guarantee accident-free transactions.
  3. The Company does not guarantee any increase or decrease in access to the online shops operated by vendor users, changes in sales or transaction volumes, increase in customers, or any other matters due to the responses or proposals of the Company's representatives or any other actions.
  4. Store NFTs issued by vendor users when they start using the store services will remain on the blockchain due to its nature, even after the store contract ends. However, store NFTs after the contract ends are not covered by the Company's services and guarantees, and the Company bears no responsibility for them.

Article 48Information Between Vendor Users

  1. The Company bears no responsibility for the exchange of information directly between other store service users or for any actions associated with it through the store services.
  2. The Company bears no responsibility for any disputes between store service users or between vendor users and third parties.

Article 49Protection of Personal Information and Compliance with Laws

  1. The Company will not disclose or provide personal information to anyone other than the vendor user themselves, except as necessary for the provision of this service, and will handle the personal information of vendor users obtained by the Company in accordance with the Company's separately defined privacy policy.
  2. If a compulsory disposition based on the provisions of the Code of Criminal Procedure Article 218 (Search by Warrant) or other such laws is carried out, the Company is not obligated to maintain confidentiality within the scope defined by the relevant laws and warrant.
  3. When the Company receives inquiries from police officers, prosecutors, judicial clerks, national tax officials, narcotics officers, bar associations, courts, or other legally authorized inquirers, or when the Company determines that it corresponds to emergency evacuation or legitimate self-defense, it may respond to inquiries about personal information within the necessary scope.
  4. The Company may copy data within the contract directory to address server failures or other troubles.
  5. The Company may record or videotape the response to inquiries from vendor users, with notification to the vendor users, through phone calls and sharing of the vendor user's device screen. In such cases, the saved audio and video data will only be used to respond to inquiries or to improve customer service.

Article 50Compensation for Damages

  1. If the Company is unable to provide store services to vendor users due to reasons attributable to the Company, compensation for damages incurred by the vendor users will be provided only if the store services have been completely unavailable for a continuous period of 72 hours or more, starting from the time the Company became aware of the inability to use all store services (hereinafter referred to as "the time of outage").
  2. In the event of compensation for damages by the Company, whether due to the provisions of the preceding paragraph or other reasons, the Company will compensate for such damages up to the total amount of store service fees actually received from the vendor user in the past year, regardless of the cause of claim, such as breach of contract or tort. However, if the damage to the vendor user, who is a consumer as defined by the Consumer Contract Act, is caused by the Company's intent or gross negligence, the Company will compensate for the ordinary damages actually incurred by the vendor user.
  3. The Company shall not be liable for any compensation for damages if it deletes the registration or posted information of the vendor user, suspends or cancels the vendor user's membership, or suspends, interrupts, or discontinues the store services based on these terms.
  4. If a vendor user causes damage to other users or third parties through the use of the store services, the vendor user must resolve the issue at their own expense and responsibility and ensure that no damage is caused to the Company.
  5. If mass distribution of emails for sales promotion of products outside the scope of the store services or for purposes other than sales promotion affects the operation of the service, the Company may file criminal charges for "coercion of business" or claim compensation for damages.
  6. If the vendor user causes damage to the Company due to actions that violate these terms or due to fraudulent or illegal actions, the Company may claim compensation for damages from the vendor user.

Article 51Exemption Clauses

  1. The Company makes no guarantees whatsoever regarding the completeness, accuracy, certainty, or usefulness of the content of the store services and the information obtained by the vendor user through the store services.
  2. The Company is not liable for any damages incurred by the vendor user related to the use of this service, including delays, changes, suspension, or discontinuation of services provided based on the store services, or loss or disappearance of information registered or provided through the store services, except in cases of the Company's intent or gross negligence. The amount of compensation for damages due to the Company's intent or gross negligence shall be limited to the scope of Article 50 of these terms.
  3. The Company is not liable for any damages incurred by the vendor user due to defects, malfunctions, or problems with the devices, software, or communication networks used for the store services.

Article 52Permission to Collect

Vendor users understand and consent to the Company collecting and analyzing their information for the purpose of improving the quality of this function and marketing.

Article 53Copyright and Intellectual Property Rights

  1. Intellectual property rights, including copyrights, related to the content posted by the Company on the services provided, belong to the Company unless otherwise specified, and cannot be used outside the sites created and operated under these terms without the Company's permission.
  2. Even if the vendor user cancels their contract or their membership is suspended or revoked, the rights to the information provided prior to that remain as per the previous paragraph.
  3. Intellectual property rights related to the online shop created by the vendor user using the store services (including the design of the online shop itself and images posted on the online shop) belong to the vendor user or are reserved by a third party who has granted rights to the vendor user. The vendor user must obtain permission from the intellectual property rights holder if they sell goods on the store services or post them on the store services provided by the Company.
  4. If a problem arises due to a violation of the previous paragraph, the vendor user must resolve the issue at their own expense and responsibility and ensure that no damage is caused to the Company.
  5. Notwithstanding the third paragraph, the Company may use, utilize (including reproduction, adaptation, broadcasting, public transmission, and making transmission possible, but not limited to these), or modify (including resizing images or adjusting color tones for use) the data of the vendor user's online shop within the necessary scope for the operation of the store services (including advertising and promotion of the store services, introduction of the online shop by the official SNS account of this service, and posting on websites operated by third parties affiliated with the Company) free of charge, and the vendor user consents to this and ensures that third parties consent as well. Furthermore, the vendor user agrees not to exercise, and not to allow third parties to exercise, the moral rights of authors related to the data of the online shop against the Company, third parties who have legitimately acquired rights from the Company, and those who have inherited rights from such third parties.

Date of Initial Publication: 30 April 2021

Revised on February 2, 2024