MEGAMI Terms of service

These are the terms and conditions of use of the NFT sales service through the "MEGAMI" project ("Service") provided by Ariwori 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.

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

• 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 “MEGAMI” Project Terms of Service in Japanese (the "Japanese ToS") separetaly provided by the Company.
• The Service is provided by the Company through Website (the web service accessible at https://www.megami.io/ or successor URLs, “Website”), whereby the Company provides User with NFT (NFTs sold on the Service are hereinafter referred to as "NFTs").
• 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.
• 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.)

• In order to purchase NFTs using the Service, User must prepare a MetaMask or other cryptographic asset management wallet at their own risk.
• 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.
• 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.)

• 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").
• 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.
• 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.
• 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)

• The fees for NFTs will be displayed on the purchase page of NFTs on the Website.
• The Buyer of NFTs is subject to a Gas Fee in addition to the price of NFTs.
• 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.
• 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.)

• 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.
• In accordance with the "Guidelines for Derivative Works" 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)

• The User shall not engage in any of the following acts or acts that may lead to such acts;
  • Acts that violate the law, public order and morals, or this ToS;
  • Criminal acts or acts connected to criminal acts, or acts that assist or encourage such acts;
  • Infringe on the IP rights of the Company or any third party;
  • 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;
  • To obtain or illegally reproduce the Contents of the Service in an unauthorized manner;
  • Unjustly discriminate against or slander the Company or a third party, or defame the honor or credibility of the Company or the Service;
  • Actions for the purpose of profit that are performed without the Company's approval;
  • Acts that cause damage to the Company or third parties;
  • Interfere with the operation of the Service;
  • 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;
  • Any other act that the Company deems inappropriate.
• In the event that the Company deems that a 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 action the Company deems necessary against such User.
• 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)

• 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.
• The Company may suspend, discontinue, or terminate the Service, in whole or in part, for any of the following reasons;
  • When the Company periodically or urgently performs maintenance or inspection of the computer system used to provide the Service;
  • In the event of an emergency such as fire, power outage, or natural disaster that renders the Service inoperable;
  • 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;
  • 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;
  • In the event that the Service cannot be provided due to measures required by law, ordinances, etc;
  • In the event that the Company notifies the User advance by e-mail or other means to a reasonable extent;
  • In any other case that the Company deems unavoidable.
• 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.)

• 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.
• User shall ensure that he/she or a third party will not engage in any of the following acts;
  • Violent demanding acts;
  • Unreasonable demands beyond legal responsibility;
  • Threatening language or behavior, or using violence;
  • Use of false information, misrepresentation, or force to damage the Company's credibility or obstruct the Company's business;
  • Engaging in any act with antisocial forces, etc., regardless of the method or manner.
• 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)

• 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, except in the case of willful misconduct or gross negligence on the part of the Company.
• The Company shall not be liable for disputes between User or between User and third parties arising from the use of the Service, except in the case of willful misconduct or gross negligence on the part of the Company.
• Except in the case of willful misconduct or gross negligence on the part of the Company, the Company shall not be liable for damages incurred by the User arising from unauthorized access to the Service, computer virus infiltration, or other acts of a third party.
• The Company is not liable for any damage to the User caused by telecommunications carriers, electric utilities, or other business operators, unless such damage is caused by the Company's willful misconduct or gross negligence.
• 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 9, 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)

• The Company may revise the ToS as deemed necessary by the Company without the User's consent, and the User shall consent to such revisions in advance. The Company shall not be liable for any disadvantage or damage incurred by the User as a result of such changes.
• The Company may revise the ToS as deemed necessary by the Company without the User's consent, and the User shall consent to such revisions in advance. The Company shall not be liable for any disadvantage or damage incurred by the User as a result of such changes.
• User who do not agree to changes in the ToS may terminate This Agreement by notifying the Company of such changes through procedures separately determined by the Company by the day prior to the effective date of the changes stipulated in the preceding paragraph.
• By continuing to use the Service after the effective date of any changes to the ToS, the User shall be deemed to have agreed to such changes.

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)

• This Agreement shall be governed by and construed in accordance with the laws of Japan.
• 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.

Date of Initial Publication: 1 July 2022