Term of Use
This Agreement is made in Japanese and translated into English. The Japanese text is the original and the English text is for reference purposes. If there is any conflict or inconsistency between these two texts, the Japanese text shall prevail.
These Terms of Use (hereinafter referred to as the “Terms”) apply to the “COMSA” (hereinafter referred to as the “Service”) provided by TECH BUREAU INC. (hereinafter referred to as the “Company”) provides the terms and conditions for the use of “COMSA” (hereinafter referred to as the “Service”).
Customers shall use the Service upon agreeing to these Terms. This Agreement stipulates the matters that Registered users must comply with in using the Service and the relationship of rights and obligations between the Company and Registered users. Please be sure to read these Terms of Use in their entirety before agreeing to them.
Article 1 (Application)
1 These Terms of Use shall apply to the Service (as defined in Article 2. The same shall apply hereinafter.) (hereinafter the same) regarding the use of the Service (defined in Article 2) and Registered users (defined in Article 3). The same shall apply hereinafter.) The purpose of this Agreement is to define the relationship of rights and obligations between the Company and Registered users (as defined in Article 3; hereinafter the same shall apply) with respect to the use of the Service (as defined in Article 2; hereinafter the same shall apply), and shall apply to all relationships between Registered users and the Company with respect to the use of the Service.
2 The “Instructions for this service,” guidelines, policies, precautions, and other individual rules, etc. posted by the Company on the Company’s website (as defined in Article 3; hereinafter the same) from time to time shall constitute a part of these Terms.
3 Registered users shall use the Service after agreeing to the contents of these Terms.
Article 2 (The Service)
1 The Service is a service that allows users to purchase non-fungible tokens (hereinafter referred to as “NFT”) such as characters and items on the blockchain. The Service is a platform for registered users to exchange Non-Fungible Token (hereinafter referred to as “NFT”) such as characters and items on the blockchain for crypto assets designated by the Company.
2 Registered users shall be responsible for all exchanges, listings, and purchases between Registered users. The Company does not guarantee the legitimacy of the seller’s items. In addition, NFT does not conduct exchanges itself, accept consignments for exchanges, or participate in the execution of exchanges in any way (except in cases where NFT is the “Seller”).
3 NFTs handled by the Company do not fall under the category of “cryptographic assets” as defined in Article 2, Paragraph 5 of the Act on Settlement of Funds. Therefore, NFTs are not user assets as defined in Article 63-11, Paragraph 2 of the Act on Settlement of Funds, and are excluded from the Company’s segregated management obligations and assets subject to preferential repayment as defined in Article 63-19-2, Paragraph 1 of the same Act. In principle, the Company shall manage NFT in a hot wallet.
Article 3 (Definitions)
1 The following terms used in this Agreement shall have the meanings set forth below.
(1) “Intellectual Property Rights” shall mean copyrights, patent rights, utility model rights, trademark rights, design rights and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights).
(2) “the Company’s website” means the website operated by the Company whose domain is “ comsa.io ” (including sub-domains, and in the event that the domain or content of the Company’s website is changed for any reason, including the website after such change).
(3) “Prospective registrant” means the “prospective registrant” as defined in Article 4.
(4) “Registration Information” means the “Registration Information” as defined in Article 4.
(5) ” Registered User” means an individual or corporation who is a registered user of a crypto asset trading account provided by the Company and who has been registered as a user of the Service in accordance with Article 4.
(6) “Account” means a trading account opened by the Company in accordance with the Company’s prescribed method in order for the Company to manage NFTs held by Registered users.
(7) “Crypto-Assets” means the crypto-assets specified in Article 2, Paragraph 5 of the Act on Funds Settlement (Act No. 59 of 2009).
(8) “Issuance” means the generation of NFTs to be handled in the Service by a registered User.
(9) “Issuer” means a person who issues NFTs handled by the Services.
(10) “Issuance Fee” means the fee (including consumption tax) paid by the Issuer to the Company when the Issuer uses the Service to issue NFTs to be handled by the Service.
(11) “Product” means a character, item, or other NFT that is the object of a transaction in the Service.
(12) “List” means that Registered user posts and sends out information necessary for a transaction of a product in the Service, and makes the product available for other Registered users to view and trade.
(13) “Seller” shall mean Registered user who sells products through the Services (in some cases, the Company may sell products).
(14) “Purchaser” means a registered user who purchases a Product through the Service.
(15) “Sale Price” means the price of the Product set by the Seller when the Seller places the Product on the Service.
(16) “Sales Commission” means the commission (including consumption tax) paid by the Seller to NFT when the Product placed by the Seller is purchased.
(17) “Receive” means to send to an address managed by Company. and for Company to reasonably recognize such transmission and reflect it in the Account.
(18) “Withdrawal” means to send NFTs from an address managed by the Company to a specified address.
(19) “Withdrawal Fee” means the fee (including consumption tax) collected by Company when sending NFT from an address managed by Company.
(20) “Unauthorized Products” shall mean products created by falsification of data, use of unauthorized tools, or other inappropriate methods, as well as products for which the transfer to a third party is prohibited by the terms of use stipulated by the issuer or handler of the product handling the product.
(21) “Usage Contract” shall mean a contract for the use of the Service formed between the Company and an Registered User in accordance with Article 4, Paragraph 3 and in accordance with the provisions of this Agreement.
(22) “Relatives” means spouses (including those who are not registered as married but are in fact married), parents, children, brothers and sisters, and parents and children of spouses other than those mentioned above.
Article 4 (New Registration)
1 A person who wishes to use the Service (hereinafter referred to as a “Registration Applicant”) shall agree to these Terms and provide the Company with the prescribed information (hereinafter referred to as “Registration Information”).
2 The Company shall determine whether or not the registration of the Applicant is acceptable in accordance with the Company’s standards and procedures, and if the Company approves the registration, the Company shall notify the Applicant to that effect, and the registration of the Applicant as an Registered User shall be deemed to have been completed by such notification.
3 Depending on the contents of the registration information of the prospective registrant, it may be necessary to provide additional registration information.
4 Upon completion of the registration specified in Section 2, a contract for use of the Service in accordance with the provisions of this Agreement shall be established between the Registered user and the Company, and the Registered user shall be able to use the Service in the manner prescribed by the Company.
5 The Company may refuse registration if a prospective registrant falls under any of the following items.
(1) When there is a falsehood, error, or omission in all or part of the registration information provided to the Company.
(2) If the User is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of a legal representative, guardian, curator, or assistant.
(3) When the Company judges that the person is one of the persons specified in Article 17.
(4) When the Company judges that there is a high risk of money laundering, financing of terrorism, or financing of the proliferation of weapons of mass destruction (hereinafter collectively referred to as “money laundering, etc.”).
(5) In any other cases where the Company deems registration to be inappropriate.
Article 5 (Management of Registered E-mail Address and Password)
Registered users shall properly manage their registered e-mail addresses and passwords.
Article 6 (Fees)
1 The Issuer shall pay to the Company an issuance fee (including consumption tax) as separately stipulated by the Company. The Issuer shall pay to the Company an issuance fee (including consumption tax) in crypto assets or legal tender designated by the Company at the time of NFT issuance.
2 The Seller shall pay to the Company a sales commission (including consumption tax) calculated by multiplying the product exchange price by a rate separately specified by the Company, in the crypto asset or legal tender designated by the Company at the time of the conclusion of the exchange agreement as specified in Article 12, Paragraph 2.
3 The Registered user shall pay the shipping fee (including consumption tax) to the Company in the crypto-assets or legal tender specified by the Company when the Products are shipped from the address managed by the Company.
Article 7 (Account)
1 Registered users shall open an Account upon completion of the registration procedures set forth in Article 4, and Registered users may conduct transactions using the Service from their Account. Registered users may conduct transactions using the Service from their Accounts; however, the Company may freeze the Account if the Company determines that the NFT in the Account is related to criminal proceeds based on the reason.
2 Registered users may enter NFT handled by the Company into the address managed by the Company in the manner prescribed by the Company for the purpose of conducting transactions using the Service. The receipt of NFTs shall be deemed to have been completed not at the time of completion of the procedures by the Registered User, but at a time when the Company can reasonably recognize the transmission of such NFTs, and the quantity of such NFTs shall be displayed in the Account at such time. In addition, in the event that a registered user sends NFTs that are not handled by the Company when entering NFTs, or sends NFTs to the wrong destination (including the case where a registered user sends NFTs to a destination previously used by the Company and not currently used, or sends NFTs of a type different from the NFTs specified by the Company to a destination specified by the Company (This includes cases where the User sends NFTs of a different type from the NFTs specified by the Company to a destination specified by the Company.) The Registered user shall not be able to request the Company to return these NFTs, and the Company shall not be liable for any damages incurred by the Registered user.
3 The Registered User shall designate the destination of NFTs, and the Company shall take the procedures for sending NFTs to the destination according to the instructions of the Registered User.
4 Except in cases where the NFTs exceed the standards prescribed by the Company or where the Company notifies otherwise based on reasonable grounds, the procedures for delivery of NFTs set forth in the preceding paragraph shall, in principle, be performed promptly after the request.
5 Even if a new branching or granting of cryptographic assets occurs due to a new blockchain branching of the NFTs entrusted by a registered user, the registered user may not request the Company to grant new NFTs or to handle such new NFTs.
Article 8 (Use of the Service)
1 A Registered User may use the Service in accordance with the method prescribed by the Company, within the scope of the purpose of this Agreement and within the scope of not violating this Agreement, only during the period in which the Registered User is effectively registered as a Registered User.
2 Preparation (including the installation of necessary applications) and maintenance of computers, software and other equipment, communication lines and other communication environments, etc. necessary to receive the Services shall be the responsibility of the Registered User.
3 A Registered User shall, at its own expense and at its own responsibility, take security measures such as prevention of computer virus infection, unauthorized access, and information leakage in accordance with the environment in which it uses the Services.
4 In the event that a Registered User causes damage to the Company by violating these Terms or in connection with the use of the Service, the Registered User shall compensate for such damage.
Article 9 (Issuance)
1 A registered user may issue NFTs within the service by paying an issuance fee to the Company.
2 The issuer shall not issue fraudulent products on the service.
3 In the event that an issuer violates these Terms of Use or is otherwise deemed inappropriate by the Company, the Company reserves the right to invalidate the issuance without prior notice to the issuer. In the event that the issuance is invalidated, the Company may invalidate the sale or purchase of the relevant Item. In addition, the issuance fee shall not be refunded in the event that this paragraph applies.
Article 10 (Auction)
1 Registered users can exchange NFTs within the Service by paying withdrawal fee to the Company.
2 The Auctioneer may cancel an Auction before the conclusion of the exchange agreement as specified in Paragraph 2 of Article 12. The Seller may not cancel the relevant contract after the conclusion of the exchange contract.
3 The Seller shall not sell any unauthorized products on the Service.
4 In the event that the Company deems that an Auctioneer has violated these Terms of Use, or that the Company deems that the Auctioneer has not truly intended to conclude an exchange agreement, or in any other cases where the Company deems the Auction to be inappropriate, the Company may invalidate the Auction without prior notice to the Auctioneer.
5 If the seller conducts repeated and continuous transactions with the intention of making a profit, the seller falls under the category of a seller under the Act on Specified Commercial Transactions (hereinafter referred to as the “Specified Commercial Transactions Act”) (regardless of whether the seller is a corporation or an individual), and must indicate the Specified Commercial Transactions Act.
6 The Company does not guarantee the conclusion of an exchange contract to Registered users.
Article 11 (Support)
1 A Registered user may perform the actions of Article 9 and the preceding article on behalf of another registered user by obtaining the consent of the other registered user.
2 The actions in the preceding paragraph are based on the prior consent of the other registered user, and the effects of such actions belong to the other registered user who has given consent.
3 A Registered user who publishes another Registered user’s work is able to display it by issuing fees and withdrawal fees.
4 If the action of Article 12 is established, the registered user may receive a distribution from the sales earned by the other registered user.
5 The registered user may be held responsible for Article 9, Paragraph 2 and Paragraph 2 of the previous article.
Article 12 (Purchase)
1 Purchases may be made by exchanging crypto assets or legal tender designated by the Company and the Seller.
2 When a purchaser presses the “Buy” button for a product listed on the Service, an exchange contract between the seller and the purchaser for the product and the cryptographic assets or legal tender designated by the Company shall be established. The purchaser may not cancel the exchange contract after it is concluded, and may not claim invalidation or cancellation of the concluded transaction for any reason whatsoever.
Article 13 (Exchange of Products and Cryptographic Assets)
1 When an exchange contract is concluded, the purchaser shall exchange the Product for the crypto-assets or legal tender deposited with NFT to the Seller, and the balance of the purchaser’s crypto-assets or legal tender shall be reduced at the time the relevant exchange contract is concluded.
2 At the time of reflection on the Account, the Purchaser shall acquire the Products pertaining to the relevant exchange contract, and the Seller shall acquire the crypto assets or legal tender after deducting the sales commission pertaining to the relevant exchange contract.
Article 14 (Prohibited Matters)
1 In using the Service, A registered user shall not engage in any of the following acts
(1) Infringing the intellectual property rights, portrait rights, privacy rights, honor, or any other rights or interests of the Company, other users of the Service, or any other third party (including any act that directly or indirectly causes such infringement)
(2) Acts related to money laundering or similar acts, acts related to criminal acts, or acts offensive to public order and morals.
(3) Transmitting information that contains computer viruses or other harmful computer programs.
(4) Falsifying information that can be used in relation to the Service
(5) Transmitting data that exceeds a certain data capacity specified by the Company through the Service
(6) Soliciting other Registered users by distributing advertisements, etc.
(7) Any act that constitutes or attempts to constitute a double transfer of NFT
(8) Acts of selling or purchasing items without the intention of truly concluding an exchange contract.
(9) Any other act of using the Service for purposes other than those for which the Service is intended.
(10) Acts that may interfere with the operation of the Service by the Company
(11) Acts of opening or attempting to open multiple Accounts by the same person
(12) Opening or attempting to open an Account under a name other than the user’s own name, such as a fictitious name or the name of another person.
(13) Exhibiting, exchanging, or depositing NFT other than Registered users in an Account
(14)
– The following acts for the purpose of changing the price of NFTs
– Dissemination to an unspecified number of persons of facts that have no reasonable basis and of which the actor has no direct experience or awareness
– Committing a fraudulent act by using a means to mislead others.
– To say or do anything that may inadvertently arouse the gambling spirit of others
– Use of assault or intimidation
(15) Engaging in fraudulent means, plans or techniques with respect to the exchange of NFTs, or making false or misleading representations with respect to important matters.
(16) Conducting transactions or attempting to conduct transactions under a name other than the user’s own name, such as a fictitious name or the name of another person.
(17) An act of reporting false or intentionally incorrect information to the Company.
(18) Acts of using the NFT for gambling or gambling.
(19) Acts that violate or may violate laws and regulations
(20) Other acts that the Company deems inappropriate.
2 If the Company deems that a registered user of the Service falls under any of the items of the preceding paragraph or is likely to fall under any of the items of the preceding paragraph, the Company may, at its discretion, delete all or part of the information sent by the said registered user or delete the said Registered user’s information without prior notice to the registered user. The Company may, at its discretion and without prior notice to the Registered User, delete all or part of the information sent by the said Registered User, or take measures such as deleting or suspending the Account of the said Registered User. The Company shall not be liable for any damages incurred by the Registered User due to the measures taken by the Company in accordance with this paragraph.
3 Even if the Account of a Registered User is deleted pursuant to the provisions of the preceding paragraph, the Company shall not be obligated to return any documents, etc. received from the Registered User up to the time of such deletion.
Article 15 (Suspension of the Service, etc.)
1 The Company may suspend or discontinue all or part of the use of the Service without prior notice to Registered users in any of the following cases
(1) In any of the following cases, the Company may suspend or discontinue all or part of the use of the Service without prior notice to the Registered User
(2) In the event of a computer or communication line failure due to an accident.
(3) In the event that the operation of the Service becomes impossible due to force majeure such as fire, power outage, natural disaster, etc.
(4) In the event that the Company’s assets are stolen due to hacking or other methods
(5) In case of system failure necessary for the provision of the Services
(6) When investigating illegal use of Accounts, etc.
(7) When NFT no longer handles the Service
(8) In any other cases where the Company deems it necessary to suspend or discontinue the Service.
2 The Company may terminate the provision of all or part of the Service at its own discretion. In this case, the Company shall notify the Registered users in advance.
3 The Company shall not be liable for any damages incurred by a Registered user as a result of measures taken by the Company in accordance with this Article.
Article 16 (Ownership of Rights)
1 All ownership rights and intellectual property rights related to the Company’s website and the Service belong to the Company or a party that has granted a license to the Company, and the license to use the Service based on the registration set forth in these Terms shall be deemed to be the property of the Company or a party that has granted a license to the Company with respect to the Company’s website or the Service. Registered users shall not engage in any act (including, but not limited to, disassembling, decompiling, and reverse engineering) that may infringe the intellectual property rights of the Company or any party that has granted a license to the Company for any reason. (including, but not limited to, disassembly, decompilation, and reverse engineering).
2 The Company may freely use (including duplicating, copying, modifying, sublicensing to third parties, and any other use) without charge any text, images, videos, and other data posted or transmitted by Registered users on the Company’s website or the Service.
Article 17 (Anti-Social Forces)
1 A Registered user shall make sure that they are not currently a member of any crime syndicate nor person who left a crime syndicate not shorter than the last 5 years, and shall make sure that they are NOT committing following points and in the future.
(1) Having a relationship in which a member of a crime syndicate, etc. is deemed to be in control of the management
(2) Having a relationship in which a crime syndicate, etc. are deemed to be substantially involved in the management.
(3) Having a relationship in which a crime syndicate etc. are deemed to be unjustly using a crime syndicate etc., such as for the purpose of gaining unjust benefits for oneself, one’s own company, or a third party, or for the purpose of causing damage to a third party
(4) To have a relationship that is recognized as being involved in providing funds, etc. or providing benefits, etc. to a crime syndicate, etc.
(5) An officer or a person substantially involved in the management of the Company has a socially reprehensible relationship with a member of a crime syndicate, etc.
2 A Registered User shall not commit any act that falls under any of the following items by him/herself or by using a third party
(1) Violent demands
(2) Unreasonable demands beyond legal responsibility
(3) Threatening words and actions or using violence in transactions
(4) Acts of spreading rumors, using deception or force to damage the Company’s credibility or interfere with the Company’s business.
(5) Other acts equivalent to the preceding items.
3 In the event that it is inappropriate to continue transactions with the Registered User, the Registered User shall lose the benefit of time for all debts owed to the Company and shall immediately repay such debts as soon as the Company requests.
4 In the event that the registered user incurs any damage as a result of the application of the provisions of the preceding paragraph, the registered user shall not make any claim against the Company. The registered user shall be responsible for any damage incurred by the Company.
Article 18 (Cancellation of Registration, etc.)
1 In the event that a Registered User falls under any of the following items, the Company may, without prior notice or demand, temporarily suspend the use of the Service, cancel the registration as a Registered User, or terminate the contract for the use of the Service for said Registered User.
(1) In the event that the User violates any of the provisions of this Agreement.
(2) When the Company determines that there is a falsehood in the registered information or that there is a possibility that the information is false.
(3) When the User uses or attempts to use the Service for any purpose or in any manner that may cause damage to the Company, other Registered users, or any third party.
(4) When the User interferes with the operation of the Service by any means.
(5) In the event that the User becomes insolvent or unable to make payments, or files a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation.
(6) When a resolution is passed to abolish, change, transfer, or dissolve the business.
(7) When a bill or check drawn or accepted by the Company is dishonored, or when the Company is subject to a suspension of trading at a clearing house or other similar measures
(8) When a petition for seizure, provisional seizure, provisional disposition, compulsory execution or auction is filed
(9) In the event of delinquency in payment of taxes and public dues
(10) In the event of death.
(11) In the event that there is no response to communications from the Company.
(12) When any item of Article 17, Paragraph 1 or any item of Article 17, Paragraph 2 applies.
(13) In the event that a registered user says or does anything socially inappropriate to Company or its employees.
(14) When the Company does not respond to a request for identification by the Company
(15) When the Company judges that there is a high risk of money laundering, etc. with respect to Registered users.
(16) When the Company judges that the continuation of registration as a Registered User is not appropriate for any other reason
2 In any of the events listed in the items of the preceding paragraph, a registered user shall naturally lose the benefit of time for all debts owed to the Company and shall immediately pay all debts to the Company.
3 In the event that any of the events in Paragraph 1 applies and the registration is cancelled, the Company may, without prior notice to the Registered User, replace all NFT displayed as a balance in the Account at the time designated by the Company.
4 The Company shall not be liable for any loss or damage incurred by a Registered User as a result of the Company’s actions under this Article.
5 A Registered User may cancel its registration as a Registered User and terminate the Service use agreement by notifying the Company in a manner prescribed by the Company.
6 In the event that the Company temporarily suspends the use of the Service, cancels the registration as a Registered User, or cancels the use agreement of the Service for a Registered User pursuant to the provisions of this Article (except in the case of the preceding paragraph), the Company shall not be liable for any loss or damage arising from such suspension or cancellation. In this case, the Company shall not be obligated to reveal the reason to the relevant Registered User. In this case, the Company shall not be obligated to return any documents, etc. received from the Registered User by the time of such suspension or cancellation.
Article 19 (Indemnity)
1 The Company shall not make any warranty to the Registered User with respect to any matter not stipulated in this Agreement.
2 Company provides the service of providing a place for exchange of NFT, and Company does not guarantee that there will be no invalidation, cancellation, termination or any other reason that prevents the formation or validity of an exchange contract that has been formed.
3 The Registered User shall, at its own responsibility and expense, investigate whether or not the use of the Service by the Registered User violates any laws and regulations applicable to the Registered User or internal rules of any industry organization. The Company does not guarantee that the use of the Service by a Registered User will comply with the laws and regulations applicable to the Registered User or the internal rules of any industry organization.
4 A Registered User shall handle and settle any transaction, communication, dispute, etc. arising between the Registered User and other Registered users or third parties in relation to the Service or the Company’s website at its own responsibility.
5 The Company does not guarantee in any way that the provision of the Service by the Company will not be interrupted, suspended, terminated, unavailable, or changed. The Registered User shall be responsible for handling and resolving any deletion or loss of the Registered User’s messages or information by the Registered User, cancellation of the Registered User’s registration by the Registered User, or loss of data or equipment failure or damage by the Registered User. The Registered User shall be responsible for handling and resolving any loss of data or damage to equipment.
6 In the event that a link from the Company’s website to another website or a link from another website to the Company’s website is provided, the Company does not guarantee any other website or the information obtained from such other website.
7 The Company does not warrant, expressly or implicitly, that the Service is free from defects in fact or in law (including, but not limited to, defects in security, errors or bugs, infringement of rights, etc.), nor does it warrant the security, reliability, accuracy, completeness, effectiveness, or fitness for a particular purpose of the Service.
8 The Company does not guarantee that there will be no future enactment or change in laws, ordinances, statutes, regulations, orders, notices, ordinances, guidelines or other regulations (hereinafter referred to as “Laws, etc.”) or related taxation systems, including income tax and consumption tax, regarding NFT and crypto assets.
9 Even if an exchange has been concluded, if the exchange was concluded by mistake due to a system malfunction or other cause, or if the exchange was concluded at a price that clearly deviates from the prevailing price, Company reserves the right to cancel said exchange.
10 The Company does not guarantee in any way that any future enactment or change of laws and regulations regarding NFT and cryptographic assets or related taxation systems, including income tax and consumption tax, will not cause any damage to Registered users in the event that such changes take effect retroactively.
11 The Company does not guarantee any domestic or foreign tax treatment of the Purchaser and the Seller, which should be confirmed and performed at the responsibility of the Purchaser and the Seller.
12 The Company does not guarantee the value, stability, or legality of NFT itself in any way.
13 Notwithstanding the provisions of the preceding paragraphs, the Company shall not be liable to compensate any Registered User (limited to individuals other than those who are parties to a contract as a business or on behalf of a business) for any damage caused by the services provided by the Company and attributable to the Company. (limited to individuals other than those who are parties to the contract as a business or for business purposes) for reasons attributable to the Company, the scope of the Company’s liability for damages shall be limited to damages actually incurred as a direct result of the Company’s actions, and shall be limited to the total amount of commissions actually received from Registered users during a period of one (1) month retroactively from the time when the reason for the damages occurred. The maximum amount of damages shall be the total amount of fees actually received from Registered users during a period of one month prior to the time when the event of damage occurred.
14 Notwithstanding the provisions of Paragraphs 1 through 12, in the event that any damage is caused to a Registered User (limited to cases where the Registered User is a party to a contract as a business or on behalf of a business, excluding cases where the Consumer Contract Act applies) due to the services provided by the Company, the Company shall not be liable for the damage. The Company shall not be liable for any damages incurred by a Registered User (except in cases where the Consumer Contract Act applies, only in cases where the Company is a party to a contract as a business or for a business) due to the services provided by the Company, except in cases where the Company is willful or grossly negligent.
Article 20 (Confidentiality)
1 The term “Confidential Information” as used in this Agreement shall mean all information concerning the technology, business, operations, finances, organization, and other matters of the Company that has been provided or disclosed by the Company in writing, orally, or through recorded media, etc., or that has become known to an Registered User in relation to this Agreement of the Service.
(1) information that is or was already generally known to the public when provided or disclosed by the Company or obtained by the Company, (2) information that becomes known to the public through publications or other means for reasons not attributable to the Company after provided or disclosed by the Company or obtained by the Company, and (3) obtained legally from a third party authorized to provide or disclose such information without being obligated to maintain confidentiality, (4) developed independently without using Confidential Information, or (5) confirmed in writing by NFT that there is no need to maintain confidentiality, shall be excluded from the Confidential Information.
2 The Registered User shall use the Confidential Information only for the purpose of using the Service, and shall not provide, disclose, or leak the Company’s Confidential Information to any third party without the written consent of the Company.
3 Notwithstanding the provisions of Section 2, Registered users may disclose Confidential Information in accordance with any order, request or demand of any law, court or governmental agency. However, a Registered User shall promptly notify the Company of such order, request or demand.
4 Whenever requested by the Company, the Registered User shall, without delay and in accordance with the instructions of the Company, return or dispose of the Confidential Information, any documents or other recorded media containing or describing the Confidential Information, and all copies thereof.
Article 21 (Changes to the Terms, etc.)
1 The Company reserves the right to change the contents of the Service at its discretion.
2 The Company shall not be liable for any loss or damage arising out of or in connection with these Terms of Use (including the instructions, guidelines, policies, precautions, and other individual rules and regulations regarding the Service posted on the Company’s website. The same shall apply hereafter in this section).
3 In the event that the Company changes these Terms, the Company shall notify the registered user of the change, the details of the change, and the effective date of the change. If the registered user uses the Service after the effective date or does not take the procedure for cancellation of registration within the period prescribed by the Company, the registered user shall be deemed to have agreed to the change in these Terms.
Article 22 (Notification, etc.)
1 Inquiries and other communications or notifications from Registered users to the Company regarding the Service, and notifications from the Company to Registered users regarding changes to the Terms and other communications or notifications from the Company to Registered users shall be made in the manner prescribed by the Company.
Article 23 (Assignment, etc. of this Agreement)
1 A registered user may not assign, transfer, set up a security interest in, or otherwise dispose of its position under the Service Agreement or rights or obligations under this Agreement to a third party without the prior written consent of the Company.
2 In the event that the Company transfers the business related to the Service to another company, the Company may transfer the status under the Usage Contract, the rights and obligations under these Terms, and the registered information and other customer information of the Registered User to the transferee of such transfer. The Registered User shall be deemed to have agreed to such transfer in advance in this section. The business transfer set forth in this paragraph shall include not only ordinary business transfers but also corporate splits and any other cases in which business is transferred.
Article 24 (Governing Law and Court of Jurisdiction)
These Terms of Use shall be governed by the laws of Japan, and any and all disputes arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court as the court of first instance.
Article 25 (Consultation)
In the event that any matter not stipulated in this Agreement or any question arises regarding the interpretation of this Agreement, the Company and the Registered User shall consult with each other in accordance with the principle of good faith and shall promptly attempt to resolve such a question.