TSUBASA NFT  Terms of service

Article 1
Application

1. In the event that the contents of these Terms differ from the explanations regarding this Service from us other than these Terms, the provisions of these Terms shall take precedence and apply unless otherwise agreed between Users and us.
2. If there are provisions in these Terms that do not apply to Users at the time, our provisions for the use of the Service, those provisions will apply from the time they become applicable in the future.
3. The rules, regulations, etc. regarding the Service posted by us from time to time on our website (meaning items stipulated in Article 2, Item 6) constitute a part of the Terms.

Article 2
(Purpose)

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.

Article 3
Definition

1. "Wallet" means the account designated by DJT and managed by the User to manage the NFTs.
2. "ETH" means Ethereum, which is a crypto asset (including the case called cryptocurrency. The same shall apply hereinafter), or its unit.
3. "Address" means an account (including, but not limited to, a wallet) for managing or storing ETH and other crypto assets.
4. "Standard ETH rate" means the exchange rate between ETH and Japanese Yen in the market designated by DJT at 0:00 am on the day before the start of granting the NFTs based on the individual contract.
5. "Individual contract" means a sales contract concluded between DJT and the user based on the provisions of Article 7.
6. "Receiving Address" means the address that the User holds to receive the NFTs from DJT and the address notified to DJT by the method specified by DJT.
7. "Sending Address" means the address used by the User to send the ETH, which is the consideration for the NFTs to DJT, and the address notified by the User to DJT in accordance with the method specified by DJT.
8. "Our address" is the address used to receive ETH, which is the consideration for the NFTs, from the user, and means the address that DJT has notified the user.
9. "Return address" is the address of the destination when we return the ETH received from the user to the user for some reason, and the user sends it to us by the method specified by us. It means the notified address.
10. "Usage Contract" means a contract concluded between DJT and the User based on the provisions of Article 4.
11. "Usage Contracts" refers to Usage contracts and Individual contracts.
12. "Our Website" means the website operated by DJT. to provide the Service (if the domain or content has been changed, including the website after such change).
13. "Metadata" means data that represents the NFTs, such as images, names, and summaries that are managed in association with the NFTs.
14. "Smart contract" means a mechanism to automatically execute a contract on the blockchain.

Article 4
Conditions of Use

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.

Article 5
Account Information and Security

1. For using the Service, it is necessary to register and set up an account and wallet so that the NFTs can be purchased, collected, displayed, stored, traded, and sold. These NFTs are non-fungible tokens that exist on the Ethereum blockchain (“Ethereum Network”). By using the Service, the User agrees to the terms of use of Ethereum Network.
2. For using the Service, Users shall manage their own wallet information (hereinafter referred to as "Wallet Information") at their own responsibility and shall bear all responsibility for any actions taken using their own Wallet Information.
3. The User shall not allow a third party to use the Wallet Information, lend, transfer, change the name, buy or sell, etc., except as specified by DJT.
4. DJT considers all actions taken using the User's own Wallet Information to be actioned by the user who manages the Wallet Information, regardless of who the actual user is.
5. DJT shall not be liable for any damages including the loss or inability to use the cryptocurrencies in the Wallet due to malfunction or loss of the terminal equipment, attacks by malware, spyware, viruses, hacking, or cracking from a third-party, inadequate management of the Account, etc., errors in use, or use of the Account by a third party, etc. unless we are intentionally or grossly negligent.
6. If there is a risk that the User's Wallet Information will be used illegally by a third party, the User shall promptly notify us and take necessary measures to avoid unauthorized use.
7. DJT is not responsible for any disadvantages (cryptocurrencies in the wallet or any other state realized by this service (hereinafter collectively referred to as "usage data, etc.") and, including the loss of information on the blockchain related to this service.) that may occur to the User due to losing or forgetting their own wallet information.
8. If the User lacks even one of the User's terminal devices, private key, and password, The User will not be able to use the wallet. The user understands in advance that it is impossible for us to provide any relief for the wallet.

Article 6
Our Responsibilities

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.

Article 7
Formation of Individual Contracts and Granting NFTs

1. In applying to purchase the NFTs, the User shall prepare and possess the address for receiving, returning, and sending the NFTs at their own expense and responsibility.
2. When applying for the purchase of these NFTs, the user shall notify us of the information specified by us about the NFTs that the User wants to purchase by the method specified by us, and by accepting the application, A contract regarding the grant of the relevant NFTs based on TOS (hereinafter referred to as the “individual contract”) shall be established.
3. After the individual contract is concluded, the User shall send us the amount of ETH specified by DJT as the consideration for the NFTs by the date that is separately specified by DJT with the method specified by DJT. The User shall bear the costs incurred in sending such ETH.
4. When the ETH specified in the preceding paragraph is sent, we shall send the NFTs purchased by the user to the Receiving Address based on the conditions specified in the next article.
5. The metadata of the NFTs will not be finalized even after DJT sends the NFTs to the User and will be updated and finalized on a later date separately determined by DJT.
6. Because it may take a certain amount of time for the system to grant the NFTs, the User agrees that it may take a period of time for the NFTs to be granted by the preceding paragraph after the application in Paragraph 1.
7. A User who is a minor, an adult ward, a person under curatorship, or a person under assistance shall obtain the consent of his/her legal representative, guardian, or assistant when applying for the purchase of the NFTs.

Article 8
Prerequisites for Granting of the NFTs

1. We have made a decision to grant the NFTs to the User.
2. The User understands and accepts the risks set forth in Article 10.
3. Other than as set forth in the preceding items, the User has not violated the TOS.
4. The preparation and maintenance of computers, software and other equipment, communication lines, and other communication environments, etc. required for Usage Contracts shall be conducted at the user's expense and responsibility.
5. The User shall take security measures, such as prevention of computer virus infection, unauthorized access, and information leakage, regarding the management of addresses and NFTs at their own expense and responsibility

Article 9
Representations and Warranties

The User shall represent and warrant to DJT the following facts are true on each conclusion date of the Individual contract.

1. The user has read the entire TOS (including various provisions like NFTs posted on the Service and related to the Service) and fully understands the contents.
2. The user concluded an individual contract and has the full authority to fulfill its obligations in accordance with the individual contract and also fulfills all procedures in accordance with all the laws and regulations necessary for concluding the individual contract, has completed the procedure for necessary permits, and approvals, notifications, etc. and if any conditions exist, the conditions must not be violated. Individual contracts constitute legal, valid, and legally binding obligations of users, and shall be enforceable against users in accordance with their terms.
3. Decided to conclude an individual contract after obtaining sufficient information about the NFTs.
4. The user understands that the purchase of the NFTs means only receiving the grant of the NFTs, and the purchase of the NFTs does not give the user any rights regarding DJT or its affiliated companies.
5. The user must not be a citizen, resident, or habitant of a country or region where the purchase of the NFTs is prohibited, restricted, or otherwise regulated by law.

Article 10
Risks

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.

1. Information uncertainty
   DJT may provide some information related to the NFTs on its website, SNS, etc. However, such information is provided only as a plan, and DJT does not guarantee the truthfulness, accuracy, or feasibility of the contents of such information.
2. Inherent Risks of the NFTs
   Since the NFTs are not legal tender, the value of the NFTs is not guaranteed by any specific party, and there may be risks inherent in the NFTs themselves, such as bugs in the program
3. Liquidity risk
   DJT does not assume that the NFTs will be traded in P2P or exchanged for ETH or other crypto assets, etc., and does not guarantee the possibility of such transactions.
4. Risk due to Hard Fork
   The NFTs are issued using the blockchain of ETH, and there is a risk of incompatibility due to a hard fork of the blockchain.
5. Cyber-attack risk
   There is a risk that Wallet address information, etc. may be leaked due to a cyber-attack, and the NFTs that are owned by the User may be sent to a third party without permission.
6. Network Risk
   Since transactions of the NFTs are conducted on the blockchain mechanism, it may take a certain period of time to grant the NFTs, the granting of the NFTs may not be reflected in the Receiving Address, or the granting of the NFTs may be canceled. Moreover, since the NFTs are recorded electronically and the transfer of the NFTs is conducted on the network, there is a risk of loss.
7. Risks related to address
   The user may not be able to access and use the NFTs if the user loses the private key that is necessary to access the address for managing or storing the NFTs.
8. Risk of Changes in Laws and Taxation System
   The laws, regulations, and taxation systems related to the NFTs are still in flux, and there is a possibility that changes in laws, regulations, taxation systems or policies may prohibit, restrict, or strengthen the taxation on the granting of the NFTs, restrict the possession of or transactions with the NFTs, or result in less favorable treatment of the NFTs than is currently the case, which may result in unexpected losses to users.
9. Risk Regarding the Type and Number of NFTs
   The type and quantity of the NFTs sold by DJT in the Service are limited, and the User may not be able to purchase the NFTs of his/her choice.
10. Other risks
    In the payment for purchasing the NFTs, there is a possibility that a third party will impersonate DJT and display an incorrect address to defraud the ETH sent by the User.

Article 11
Taxes and public due

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.

Article 12
Prohibited Acts

By accessing and using the Service or purchasing NFTs, a User shall not engage in any of the following acts:

1. Infringing the intellectual property rights, portrait rights, rights of privacy, honor, or other rights or interests of DJT, other users, or other third parties (including acts that directly or indirectly cause such infringement)
2. Using the data related to the NFTs for purposes other than self-use outside of the blockchain (Including acts of duplicating the data outside of the blockchain and providing them to third parties, etc., producing products based on the data, etc.).
3. purchasing the NFTs by crypto assets that are related to criminal proceeds
4. Acts related to criminal, offensive to public order and morals
5. Violating laws, Violating regulations to the internal rules of DJT or the industry group to which the User belongs
6. Transmitting information that contains computer viruses or other harmful computer programs.
7. Falsify any information that can be used in the Service or the NFTs
   Transferring or receiving the NFTs to a third party by any means other than those specified by DJT Impersonating another person or using another person's account to use the Service;
   .Acts of creating multiple accounts
8. Using of programs that interact with the software of the Service and that DJT does not permit to be used.
9. Deciphering, decompiling, disassembling, or reverse-engineering the software that is used to provide the Service or the NFTs
10. Modifying the Services or the NFTs
    Acts that may interfere with the operation of the Service by DJT Other acts that DJT reasonably deems inappropriate.

Article 13
Suspension of Service,

1. We may suspend the use of the Service in whole or in part without prior notice to the User in any of the following cases:
   1. When performing a regular or urgent inspection or maintenance work of the computer system related to the Service.
   2. When the computer, communication line, etc. stops due to an accident
   3. When Service cannot be operated due to force majeure such as fire, power outage, or natural disaster.
   4. If there is a network problem regarding the handling of the NFTs, such as soaring GAS or transaction clogging
   5. In addition when We reasonably determine that suspension or suspension is necessary
2. We may terminate the provision of the Service or change the specifications of the Service at its own convenience.
3. DJT shall not be liable for any damages incurred to the User due to the measures taken by us under this Article.

Article 14
Burden of Equipment

1. Preparation and maintenance of smartphones, computers, software and other equipment, communication lines, and other communication environments necessary to use the Service shall be at User’s expense and responsibility.
2. Users shall take security measures such as prevention of computer virus infection, unauthorized access, and information leakage according to the environment in which they use the Service at their own expense and responsibility.
3. When installing software or downloading data in connection with the use of the Service, the User shall pay sufficient attention to prevent the disappearance or alteration of the User's information or the failure or damage of the equipment. DJT shall not be liable for any such damage incurred by the User.

Article 15
Disclaimer of Warranty and Liability

1. The NFTs are provided “as is” and to the extent that they can be provided, and DJT does not warrant the suitability for a particular purpose, commercial utility, completeness, continuity, etc. for the NFTs.
2. DJT does not warrant that the NFTs itself or the possession and transmission of the NFTs will not be subject to attack by viruses or other malicious third parties.
3. Even if the User obtains any information on the NFTs directly or indirectly from DJT, We shall not make any warranty to the User beyond DJT's obligations expressly provided in TOS.
4. DJT does not guarantee that the NFTs will be reliable, up-to-date, and free from defects or that they will meet any other conditions expected by the User.
5. DJT may issue additional NFTs at our discretion, and We shall not be liable for any damages that may occur to the User in connection with such issuance.

Article 16
Attribution of Rights

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

Article 17
Handling of personal information.

The handling of personal information of Users acquired by our company is subject to the privacy policy
 (https://www.doublejump.tokyo/en/privacy-policy) separately established by DJT.

Article 18
Compensation

1. In the event that the User causes damage to DJT or third parties in connection with the Usage contracts, the User shall be liable for such damage and compensate for the damages (not only direct and ordinary damage, but also all damage including lost profits, loss of business opportunities, loss of data, business interruption, other indirect damage, special damage, consequential damage, and incidental damage).
2. In the event that DJT receives a claim or any other assertion of rights from third parties due to the User's conduct with respect to the NFTs, the User shall promptly take the necessary measures to prevent DJT from directly receiving such claim or assertion of rights at the User's expense,

Article 19
Limitation on Liability

1. DJT shall not be liable for any damages suffered by users in relation to these NFTs. Even if we are liable for damages to the user due to the application of the Consumer Contract or other reasons, our liability for damages shall be based on the individual contract related to the damage, the upper limit is the equivalent of the amount of ETH actually received from the user converted into Japanese yen at the standard ETH rate.
2. Notwithstanding other provisions, regarding damages suffered by users in connection with the NFTs, if such damages are due to our default or tort and due to our intentional or gross negligence, We shall compensate for them.

Article 20
Force Majeure

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.

Article 21
Cancellation

1. The User may not cancel the Usage Contracts and request the return of the ETH that the User has sent to DJT as consideration for the NFTs under any circumstances.
2. In the event that DJT decides not to grant the NFTs to the User, We may return the ETH that DJT has already received to the User at our discretion. this case, DJT may return the ETH to the User by sending the same number of ETH that DJT has received from the User, or by granting the User legal tender equivalent to the amount converted into Japanese yen at the standard ETH rate, or NFTs that DJT deems to have equivalent value.
3. In the event that a User violates the Usage Contracts, DJT may take any other action it deems appropriate at our discretion including the loss of the functions of the NFTs granted by DJT to the User under the Usage Contracts.

Article 22
Cancellation of Usage Contract (Cancellation of Account)

1. If the User falls under any of the following reasons, We will temporarily suspend the use of the Service for the user without prior notice or notification, also cancel the registration and the usage contract.
   1. If the User violates any provision of TOS
   2. When it is found that the registered information contains false facts
   3. When attempting, to use the Service for a purpose of damage to us, other users, or other third parties
   4. When interfering with the operation of the Service by any means
   5. When payment is suspended or insolvent, or there is a petition for bankruptcy proceedings, civil rehabilitation proceedings, or similar proceedings.
   6. If the User receives a dishonored check for a bill or checks that User has drawn or underwritten. if the User has been suspended from trading at a clearing house or other similar measures.
   7. When there is a petition for seizure, provisional seizure, provisional disposition, compulsory execution or auction
   8. If the User is subject to tax delinquency.
   9. If the User dies, judged to start guardianship, or start assistance.
   10. When applicable to each item of Article 3, Paragraph 3
   11. In addition, when we judge that it is not appropriate to continue registration as a user
2. If any of the items in the preceding paragraph apply, the User will naturally lose the benefit of time for all debts owed to us, and must immediately pay all debts to us.
3. DJT shall not be liable for any damage caused to the user due to the actions taken by us based on this article.
4. Individual contracts that have already been established at the end of the usage contract shall continue to be valid until all the obligations based on the individual contract are fulfilled unless the individual contract is canceled separately., TOS shall be applied within that range.

Article 23
Elimination of Antisocial Forces

1. DJT may terminate the Usage Contracts without notice to the User, in the case discovering that the User or the User's agent or the person who mediates the conclusion of the Usage Contracts is an Antisocial Force (Meaning gangsters, organized crime groups, members of an organized crime group, companies affiliated with organized crime groups, a corporate racketeer and other groups or individuals who pursue economic benefits using violence, power, or fraudulent methods. The same).
2. Except as set forth in the preceding paragraph, DJT may immediately terminate Usage Contracts in the future by notifying the User when discovering that User’s directors, corporate auditors, employees, contractors, shareholders, business partners, and advisors are members or affiliated with Antisocial Forces.,  or affiliates have a relationship or involvement with Antisocial Forces for the purpose of improperly benefiting themselves or its organization or third party.
3. DJT shall not be liable for any damages caused to the User due to the cancellation stipulated in this article.

Article 24
Confidentiality、

1. In the Usage Contracts, "confidential information" means the technology of our company that the User has provided or disclosed or learned from us by oral, written, or other recording media, etc. in connection with the Usage contracts. It means all information related to sales, business, finance, organization, and other matters (including matters related to the NFTs and the Service). However,
   1. It was already known to the general public when it was provided or disclosed by DJT or when it was known,
   2. After being provided or disclosed by DJT, or after being informed, it has become publicly known in publications or other reasons for reasons not attributable to oneself.
   3. Those legally acquired without obligation of confidentiality by a third party who has the authority to provide or disclose,
   4. Developed independently without confidential information,
   5. It has been confirmed by us in writing that confidentiality,
      shall be excluded from confidential information.
2. The User shall use the confidential information only for the purchase of the NFTs, and shall not provide, disclose or leak the confidential information of DJT to third parties without our written content.
3. The User shall return or discard the confidential information and the document, other recording medium containing or containing the confidential information, and all copies thereof without delay at the end of the usage contract or whenever requested by DJT with our instruction.

Article 25
Prohibition of transfer

1. The User shall not transfer, set collateral, or otherwise dispose of the status under the Usage Contract or the rights or obligations based on the Usage Contracts to a third party without prior our written consent.
2. If DJT transfers the business related to the NFTs or the Service to a third party (regardless of business transfer, company split, or any other aspect) the Usage contracts, the rights, and obligations based on the status, Usage contracts, as well as information about the purchaser and other information may be transferred to the transferee, and the user shall consent to such transfer in advance in this section."

Article 26
Changes to the Terms

1. When it conforms to the general interests of Users when it does not go against the purpose of this agreement, and when it is reasonable in light of the necessity of the change, the appropriateness of the content after the change, and other circumstances related to the change, we can change the content of the Terms without obtaining individual consent from the User based on Article 548-4 of the Civil Code.
2. In the event that we amend the Terms pursuant to the provisions of the preceding paragraph, we will determine the effective date of the change, and the following matters will be made known by posting on our website or other means by the effective date,
   1. Information that the Terms will be changed
   2. Contents of the Terms after change
   3. Effective date
3. If we modify the Terms without complying with the provisions of Paragraph 1 of this article, we shall obtain the User's consent to the modification. In this case, as well, we will notify Users of the content of these Terms after the change in accordance with the provisions of the preceding paragraph. In addition, if the User uses the services after the effective date of the change of the Terms, it is considered that the User has agreed to the contents of the Terms after the change.

Article 27
Entire Agreement

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.

Article 28
Severability

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.

Article 29
Survival

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.

Article 30
Governing Law and Agreed Jurisdiction

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.

Article 31
Consent to Class Action Waiver

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.

Article 32
Consultation

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.