TAKANOTSUME DAN NFT Terms of service

These are the terms and conditions of use of the NFT sales service through the "TAKANOTSUME DAN NFT" project ("Service") provided by DLE, Inc. ("the Company"). Before using the Service, please read this Terms of Service（”ToS”）carefully. Please read this ToS carefully before using the Service. If you do not agree to this ToS, you may not use the Service.
By using the Service, the user is deemed to have agreed to these Terms of Use.

Article 1 (Purpose and Contents of the Service, etc.)

1. The purpose of this ToS is to define the conditions of use of the Service and the relationship of rights and obligations between the Company and User in accordance with the “TAKANOTSUME DAN NFT” Project Terms of Service in Japanese (the "Japanese ToS") separetely provided by the Company.
2. The Service is provided by the Company through Website (the web service accessible at https://takanotsumedan.com/en/ or successor URLs, “Website”), whereby the Company provides User with NFT (NFTs sold on the Service are hereinafter referred to as "NFTs").
3. User who are minors must obtain the consent of a person with parental authority or other legal representative before using the Service. If User uses the Service without the consent of a person with parental authority or other legal representative, but falsely claims to have consent or to be of legal age, or otherwise uses fraudulent means to make the User believe that he/she is of legal capacity to act, all legal acts related to the Service cannot be revoked.
4. If any matter set forth herein is inconsistent or in conflict with the Japanese ToS, the provisions of the Japanese ToS prevail with respect to such matter, and the provisions of these ToS with respect to such matter shall be construed and applied so as to conform to Japanese ToS.

Article 2 (Use of Wallet, etc.)

1. In order to purchase NFTs using the Service, User must prepare a MetaMask or other cryptographic asset management wallet at their own risk.
2. In using the Service, the User shall manage the private key or seed phrase information of his/her Wallet and any other information used in the use of the Service ("Wallet Information, etc.") at his/her own responsibility, and take necessary measures to prevent unauthorized use by third parties, and shall bear full responsibility for any actions taken by him/her or any third party using his/her Wallet Information, etc.
3. We may deem any act performed using Wallet Information, etc. to be an act by the User who should manage said Wallet Information, etc.

Article 3 (Purchase of NFT, etc.)

1. User shall apply for the purchase of NFTs by the method prescribed by the Company, and send ETH and other cryptographic assets equivalent to the price of NFTs displayed on Website to the address specified by the Company, and upon actual receipt of said cryptographic assets by the Company, a purchase agreement concerning NFTs ("This Agreement") shall be concluded. (The User in This Agreement shall be referred to as the "Buyer").
2. The Gas Fee required for the purchase of NFTs (refers to the fee in ETH and other cryptographic assets paid for the use of the blockchain network; “Gas Fee”) shall be paid by the Buyer. The same shall apply to Gas Fee paid by the User in the event that the Company is unable to receive ETH or other cryptographic assets due to a transaction error or other blockchain network malfunction.
3. The Company shall make a certain record of NFTs and its purchase on the blockchain to the Buyer and send NFTs to the Buyer's wallet address ("delivery of NFTs"), and the Company's performance of This Agreement shall be deemed to be completed.
4. After delivery of NFTs, the Buyer may not cancel or terminate This Agreement for any reason, except as permitted by law, and the Company shall not accept returns or refunds.

Article 4 (Fees and Expenses)

1. The fees for NFTs will be displayed on the purchase page of NFTs on the Website.
2. The Buyer of NFTs is subject to a Gas Fee in addition to the price of NFTs.
3. If there are any taxes or incidental costs associated with the purchase of NFTs and the use of the Service, the User shall bear such costs.
4. User shall bear the costs associated with the purchase, installation, or maintenance of the terminal necessary for the use of the Service and any communication costs incurred in the use of the Service.

Article 5 (Intellectual Property Rights, etc.)

1. Intellectual Property Rights (meaning copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration, etc. of such rights), “IP rights”) of creations related to NFTs, and text, images, programs, and all other information provided through the Service or comprising the Service (hereinafter collectively simply referred to as "Contents of the Service") belong to the Company or a third party that owns such rights. The act of permitting the use of the Service and the delivery of NFTs by the Company shall not be construed as a transfer of such rights.
2. In accordance with the guidelines established by the Company, and other guidelines separately stipulated by the Company, the Company may grant a certain use of, or other rights or benefits in connection with, NFTs to the current holder of NFTs.

Article 6 (Prohibited Matters)

1. The User shall not engage in any of the following acts or acts that may lead to such acts;
   1. Acts that violate the law, public order and morals, or this ToS;
   2. Criminal acts or acts connected to criminal acts, or acts that assist or encourage such acts;
   3. Infringe on the IP rights of the Company or any third party;
   4. Modifying or damaging the Service or the Contents of the Service, or disassembling, decompiling, or reverse engineering the Service or the Contents of the Service;
   5. To obtain or illegally reproduce the Contents of the Service in an unauthorized manner;
   6. Unjustly discriminate against or slander the Company or a third party, or defame the honor or credibility of the Company or the Service;
   7. Actions for the purpose of profit that are performed without the Company's approval;
   8. Acts that cause damage to the Company or third parties;
   9. Interfere with the operation of the Service;
   10. Actions by a citizen, resident, or sojourner of a country or region where the purchase of NFTs is prohibited, restricted, or otherwise regulated by law or regulation;
   11. Any other inappropriate act.
2. In the event that if the User has violated the preceding paragraph, the Company may suspend or restrict the use of all or part of the Service, terminate This Agreement, or take any other appropriate action.
3. In the event that a User violates Paragraph 1, the Company may demand compensation from said User for any and all damages (including reasonable attorney's fees) incurred by the Company as a result of said violation.

Article 7 (Change, Suspension, Discontinuance, and Termination of the Service)

1. The Company may add new functions to the Service, change the content or name of the Service, or make any other changes to the Service, as the Company deems necessary.
2. The Company may suspend, discontinue, or terminate the Service, in whole or in part, for any of the following reasons;
   1. When the Company periodically or urgently performs maintenance or inspection of the computer system used to provide the Service;
   2. In the event that operation of the Service is rendered impossible due to force majeure such as earthquake, tsunami, typhoon, lightning, heavy rain, flood, or other natural disaster, fire, power failure, or other unforeseen accident, war, dispute, upheaval, riot, disturbance, labor dispute, epidemic or other epidemic, infectious disease, or social shutdown caused by such events;
   3. In the event that the Service cannot be provided due to malfunction of the computer system used to provide the Service, unauthorized access from third parties, computer virus infection, etc;
   4. In the event that the Service cannot be provided due to measures required by law, ordinances, etc;
   5. In the event that the Company notifies the User advance by e-mail or other means to a reasonable extent;
   6. In any other case that the Company deems unavoidable.
3. In the event that the Company suspends, discontinues, or terminates provision of all or part of the Service in accordance with the preceding paragraph, the Company shall notify User of such suspension, discontinuance, or termination to a reasonable extent in advance by means of posting on the Service or a Website separately designated by the Company. However, this shall not apply in case of emergency.

Article 8 (Exclusion of Anti-Social Forces, etc.)

1. User shall state that he/she does not fall under the category of antisocial forces, etc., and shall guarantee that he/she will not fall under such category in the future.
2. User shall ensure that he/she or a third party will not engage in any of the following acts;
   1. Violent demanding acts;
   2. Unreasonable demands beyond legal responsibility;
   3. Threatening language or behavior, or using violence;
   4. Use of false information, misrepresentation, or force to damage the Company's credibility or obstruct the Company's business;
   5. Engaging in any act with antisocial forces, etc., regardless of the method or manner.
3. User shall cooperate within reasonable limits with investigations conducted by the Company from time to time concerning the fact that the persons listed in each item of the preceding paragraph are not antisocial forces, and shall submit materials, etc. requested by the Company on the basis of reasonable grounds.

Article 9 (Disclaimer)

1. The Company does not guarantee the completeness, certainty, validity, usefulness, currency, legality, or compatibility with the User's purpose of use or environment of the information provided by the Service. The Company shall not be liable for any damages arising from the use of or inability to use the Service or such information.
2. The Company shall not be liable for disputes between User or between User and third parties arising from the use of the Service.
3. The Company does not guarantee that registration, authorization, or notification, etc. will not be required for the provision or use of the Service in accordance with the Payment Services Act, the Financial Instruments and Exchange Act, or other laws, regulations, or rules, etc..
4. The Company shall not be liable for any damages incurred by the User due to technical problems or failures in the blockchain network used for the issuance of the NFTs, or due to unauthorized access to the Website or the Service, computer virus infiltration, or other acts of third parties.
5. The Company shall not be liable for any damages (including, but not limited to, damages resulting from loss of information, etc.) incurred by the User due to changes in the Service in accordance with Article 7, Paragraph 1, or suspension, discontinuance, or termination of all or part of the provision of the Service in accordance with Paragraph 2 of the same Article.

Article 10 (Liability for Damages)

The extent of our liability for damages to the User shall be the ordinary damages directly and actually suffered by the User, and shall not exceed the amount of the purchase price of NFTs received from said User. However, this limitation shall not apply in the event of intentional or gross negligence on our part.

Article 11 (Prohibition of Assignment of Rights and Obligations)

User shall not assign, transfer, pledge as collateral, or otherwise dispose of User's position under This Agreement, or rights and obligations under This Agreement or the ToS, in whole or in part, to any third party without the prior written consent of the Company.

Article 12 (Revision of This Agreement)

1. In any of the following cases, the Company may change the ToS by specifying the effective date of the change, publicly announcing the fact that the ToS are being changed, the content of the changed ToS and its effective date by posting the revised ToS on the Service or on a website separately designated by the Company, or by other appropriate means:
   1. When the contents of the modification conform to the interests of the User
   2. The contents of the modification do not conflict with the purpose of the transactions pertaining to the ToS, and the modification is reasonable in light of the necessity of the modification, the reasonableness of the modified contents, and other circumstances pertaining to the modification.
2. The modification of the ToS pursuant to the preceding paragraph shall take effect from the effective time of the preceding paragraph, and the modified ToS shall apply to the User.

Article 13 (Good Faith Consultation)

The Company and the User shall, in addition to the laws and regulations and commercial practices, consult with each other in the spirit of good faith to resolve any questions of interpretation regarding the ToS, matters not stipulated in the ToS, and other matters related to the Service.

Article 14 (Governing Law and Jurisdiction)

1. This Agreement shall be governed by and construed in accordance with the laws of Japan.
2. The Tokyo District Court shall have exclusive jurisdiction in the first instance over any litigation or other dispute arising out of or in connection with the ToS or This Agreement.

Last updated November 30th, 2022

TAKANOTSUME DAN NFT
Copyright Guidelines

We hereby grant to the holders of the TAKANOTSUME DAN NFT(hereinafter referred to as “This NFT” and “NFT Holder”) of the "TAKANOTSUME DAN NFT" project provided by our company, permission to use each of the TAKANOTSUME DAN characters(Hereinafter referred to as "NFT TAKANOTSUME DAN".　We distinguish between NFT TAKANOTSUME DAN and the original design of TAKANOTSUME DAN depicted on our website(hereinafter collectively referred to as “TAKANOTSUME DAN”, and use them separetely on This Guideline.) depicted in the illustrations represented by This NFT in accordance with the rules of these guidelines, as follows.

1. NFT Holder may freely use the NFT TAKANOTSUME DAN for personal use (i.e., use that is not for profit-making or commercial purposes (i.e., primarily for the purpose of obtaining economic profit)), except for the use specified in the following items, and to that extent we shall not exercise moral rights against NFT Holder. In the event that we deems that the use of NFT TAKANOTSUME DAN falls under any of the following items, we may, upon individual contact, demand an injunction against the use or exercise any other authority that we may rightfully have.
   1. Use in a manner that violates laws and regulations or public order and morals;
   2. Criminal acts or acts connected with criminal acts, or acts that assist or encourage criminal acts;
   3. Use in a manner that infringes or may infringe intellectual property rights (i.e., copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights)) or other rights of us or a third party;
   4. To allow a Third Party(Including individuals and corporations. The same applies hereinafter) who does not hold This NFT to use NFT TAKANOTSUME DAN;
   5. Use of the NFT TAKANOTSUME DAN for advertising and promotional activities of Third Partie that does not hold This NFT;
   6. Use of violent, obscene, political, or religious expressions, expressions that unfairly discriminate against or slander Third Partie, or other expressions or methods that damage or may damage the honor, credibility, image, worldview, or other external reputation of us or TAKANOTSUME DAN;
   7. In addition to the above, use that causes damage or loss to us, unreasonably harm the interests of us, competes with us or our business, or use in a manner that may lead to such damage or loss.
   ＜Example of personal use＞
   • Setting for Twitter profile image
   • Posting on social networking services
   • NFT TAKANOTSUME DAN appearing in videos or personal blogs
2. NFT Holders who wish to use NFT TAKANOTSUME DAN for profit-making or commercial purposes may use NFT TAKANOTSUME DAN for the purposes above by submitting a separate application form and separately obtaining permission from us. Even in the case that NFT Holder use NFT TAKANOTSUME DAN profit-making or commercial purposes with our permission, the use stipulated in each item of Paragraph 1 is prohibited.
   ＜Example of profit-making or commercial use＞
   • Creation of LINE Stamps
   • Selling mechandise
   • Use for web services or affiliate blogs
   • Use on signboards of your own store
   • Use on business cards
3. When applying for permission under the preceding paragraph, please be sure to take the following points into consideration:
   • In order to ensure the proper use of the NFT TAKANOTSUME DAN, we will strictly and impartially review your application, and it may take some time for us to respond to your request for permission. We appreciate your understanding. If a permit is not granted within 3 months of application, the application will automatically be deemed to be denied. In this case, please re-apply.
   • The term of validity of the permission shall be 3 months in principle, and shall be renewed for another 3 months unless otherwise notified by us by e-mail at least one 1 month prior to the expiration of the term, and the same shall apply thereafter.
   • We reserve the right to impose conditions on the application or deny the application if we deem it inappropriate.
   • Even if we have granted permission, if we determines that such use falls under the use stipulated in Paragraph 1, we may, upon notice to the user, revoke the permission, demand an injunction against the use, or exercise any other authority that the Company rightfully possesses.
   • In the event that This NFT is transferred (for the purposes of this item, this means transferring This NFT to an address different from the wallet address submitted when applying for the permission, whether for a fee or free of charge.) to a Third Party after we have granted permission, said permission will naturally expire at the time of the transfer, and you may not use This NFT TAKANOTSUME DAN thereafter in accordance with the contents of said permission. For any questions regarding the handling of any actions or materials already done or created in accordance with the said permission, please contact the following address.
     nft-futurelab@dle.jp
4. We may change This Guideline by specifying the effective date of the change, and publicizing the fact that This Guideline is being changed, the content of This Guideline after the change and its effective date by posting the revised This Guideline on the official TAKANOTSUME DAN NFT website and other appropriate places or other appropriate means. Any changes to This Guideline will take effect from the effective date stated above, and This Guideline as changed will apply to NFT holder.
5. This Guideline shall be governed by and construed in accordance with the laws of Japan.
6. The Tokyo District Court shall have exclusive jurisdiction in the first instance over any litigation or other disputes arising out of or in connection with This Guideline.

Published on December 21, 2022

Specified Commercial Transaction Act