In the event of a conflict between these Terms and any Additional Terms, the Additional Terms shall prevail. However, this shall not apply if the Additional Terms expressly state that these Terms shall take precedence.
The TOS is to set forth the relationship of rights and obligations between DJT or a third party with legitimate authority and the User with respect to the terms and conditions of purchase and granting of the NFTs intended to be used by the User within the Service.
During the term of the Usage contract, the User may use the Service in accordance with TOS and following the methods specified by DJT. The Service may be provided via a web browser or other forms. The agreement to TOS made by the User for one of the forms of Service provision shall also be valid for use of the Service through other forms of provision.
DJT's only responsibility under the Usage contracts is to grant the NFTs to the User and to make certain records on the blockchain with respect to the User's possession of the NFTs, and We shall have no other obligations other than such responsibilities. In addition, except for granting the NFTs, DJT does not grant to the User any ownership rights, equity interests, shares, rights to receive certain revenues or other similar rights, intellectual property rights, or other rights of any kind to DJT.
The User shall represent and warrant to DJT the following facts are true on each conclusion date of the Individual contract.
The User shall confirm to DJT the risks associated with the purchase of the NFTs set forth in the following items and acknowledge such risks.
Any taxes and public dues imposed on the User in connection with the purchase of the NFTs shall be bear by the User. In addition, the User shall be responsible for confirming the types and amounts of taxes and public dues imposed on the User.
By accessing and using the Service or purchasing NFTs, a User shall not engage in any of the following acts:
Intellectual property rights (including 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) of creations related to the NFTs and the Service shall be the property of DJT or its licensees. The granting of the NFTs under the Individual contract does not imply the transfer or licensing of the intellectual property rights of DJT, or any party that has granted a license to DJT in relation to the NFTs or creative works related to the Service. The User shall not perform any acts (including, but not limited to, disassembly, decompilation, and reverse engineering) that may infringe the intellectual property rights of DJT or any party that has granted a license to DJT. (including, but not limited to, disassembly, decompilation, and reverse engineering) for any reason
(https://www.doublejump.tokyo/en/privacy-policy) separately established by DJT.
In the event that the performance of obligations under the Usage contract is delayed due to circumstances beyond our rational control (including, but not limited to, fire, power failure, hacking, invasion of computer viruses, earthquakes, floods, war, epidemics, stoppage of commerce, strikes, riots, inability to secure supplies and transportation facilities, or intervention by government authorities), DJT shall not be liable to the User for any default during the period in which such condition continues.
The Usage Contracts constitute the entire agreement between DJT and the User and whether orally or in writing, It takes precedence over prior agreements, representations, and understandings regarding the matters stipulated in TOS between DJT and the User.
Even if all or part of any provision of the TOA is determined to be invalid or unenforceable under laws and regulations, the remaining provisions of the TOS shall remain in full force and effect.
Even if the Usage Contract is terminated due to cancellation or other reasons, the provisions of Article 5, Article 6, Articles 9 through 12, Article 14.3, Articles 15 through 22, Article 23.2-4, Article 24.3, and Articles 25 through 31 shall remain in effect even after the termination of the Usage Contract. However, Article 24 shall remain in effect only for a period of five years after the termination of the Usage contract.
The governing law of the Usage Contracts shall be Japanese law, and any dispute arising in connection with the TOS shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of the first instance.
Users consent to resolve any and all disputes arising in connection with the use of this service by themself, to waive class action lawsuits, and to avoid participation in any class action lawsuits.
Matters not stipulated in the Terms and questions of interpretation shall be resolved through good faith consultations between both parties, in addition to complying with the provisions of laws and customs.
Effective February 28, 2023