Article 1 (General Provisions)
- ANIFTY reserves the right to change these Terms from time to time, if necessary, by posting such changes in the Services at appropriate locations. If a User uses the Service after the revision of this Agreement, the User shall be deemed to have agreed to the revision of this Agreement. The Company shall not be liable for any and all damages incurred by the User as a result of revisions or changes to this Agreement, except in cases where such damages are caused by the Company’s intentional or gross negligence.
Article 2 (Definitions)
The definitions of the terms used in this Agreement are as follows
- The Service: refers to “ANIFTY”, a platform for selling NFT (Non-Fungible Token) and digital items.
- Agreement: The agreement between the Company and the User for the use of the Service, which is made under the terms and conditions of this Agreement.
- Products: NFT (Non-Fungible Token) and digital items that are the purpose of transactions in the Service.
- User: A user who purchases products through the Service.
- Seller: A user who sells products through the Service.
- Product Price: The price of a product that an Seller registers when he/she sells a product on the Service.
- Fraudulent Products: Products created by falsification of data, use of illegal tools, or other inappropriate methods, as well as products that are prohibited from being transferred to third parties under the terms of service stipulated by services or external service operators that handle products.
- Personal information: Information about a living individual that can be used to identify a specific individual, such as address, name, occupation, and telephone number (including information that can be easily cross-checked with other information to identify a specific individual). The term is synonymous with personal information as defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information, and shall be subject to the definition in the event that the relevant laws are amended.
- Intellectual Property: Inventions, devices, designs, works and other items produced by human creative activities, trademarks, trade names and other items indicating goods or services used in business activities, trade secrets and other technical or business information useful for business activities.
- Intellectual property rights: Patent rights, utility model rights, design rights, copyrights, trademark rights, and other rights related to intellectual property as defined by law or rights related to legally protected interests.
Article 3 (Agreement to the Terms)
- By agreeing to these Terms, the User enters into this Agreement (as defined in Article 2) with the Company.
- In the event that the User is a minor, the User shall obtain the consent of a person with parental authority or other legal representative before using the Service.
- In the event that a User who is a minor at the time of consenting to this Agreement uses the Service after reaching the age of majority, such User shall be deemed to have accepted all legal acts related to the Service.
Article 4 (Modification of the Terms)
- The Company may modify this Agreement at any time in accordance with the provisions of Article 548-4 of the Civil Code if any of the following items apply. The Agreement shall be governed by the modified version of this Agreement. 1.
- the modification of this Agreement is in the general interest of the User
- the change in the Terms is not contrary to the purpose for which the Agreement was made, and is reasonable in light of the necessity of the change, the reasonableness of the content after the change, the content of the change, and other circumstances related to the change
- In the event that the Company changes the Terms, the Company shall determine the effective date of the changed Terms and notify the User of the contents of the changed Terms and the effective date at least two (2) weeks prior to the effective date of the changed Terms, display the changed Terms on the Service, or otherwise notify the User in a manner prescribed by the Company.
- Notwithstanding the provisions of the preceding two paragraphs, in the event that a User uses the Service after the notification of the changes to this Agreement in the preceding paragraph, or in the event that a User does not follow the cancellation procedures within the period of time prescribed by the Company, such User shall be deemed to have agreed to the changes to this Agreement.
Article 5 (Account Management)
- The user must register the information prescribed by the Company (hereinafter referred to as “account registration”) before starting to use the Service. The Company shall not be held responsible for any trouble caused by incomplete or incorrect information registered by the user.
- The Company may reject the registration of a user who has applied for account registration if the user falls under any of the following reasons:
- If the Company deems that the user is likely to violate this Agreement.
- If all or part of the registration information is false, misdescribed, or omitted.
- If you are a person whose account has been deleted in the past.
- In the event that the Company determines that you fall under the category of antisocial forces (as defined in Article 13).
- If the Company deems that the user is not suitable for registration.
- The account for this service may not be transferred, lent, or inherited by a third party. Users shall be responsible for managing their own user IDs, passwords, registration information, and other information registered when using the Service to prevent unauthorized use by third parties.
- In the event that you use the Service by logging in with a certain user ID, the Company may treat the use as being made by the user of that user ID, and the results of that use, as well as any and all liability to the Company arising therefrom, shall belong to the user in question, unless the person who actually logged in can be identified.
- The Company shall not be liable for any loss of account ID, password, or other information by the User, or any other loss of use of the account due to reasons not attributable to the Company.
- In the event that the registered information is found to be stolen or used by a third party, the user shall immediately notify the Company to that effect and follow the Company’s instructions.
Article 6 (Fees)
- The use of this service is subject to the fees separately specified by the Company. If there are any blockchain network fees (such as gas fees) in relation to the use of this service, the user shall bear them, and the user shall bear the network fees (gas fees) in relation to purchases.
- The Company shall not be responsible for matters arising from reasons not attributable to the Company, such as the rising cost of gas itself, delays in transactions, or failure of transactions in relation to blockchain network fees (gas fees).
Article 7 (Listing)
- The Seller may cancel the listing of the Property prior to the conclusion of the sales contract as specified in Article 8, Paragraph 2. The Auctioneer may not cancel (including cancellation or rescission) the relevant sales contract after the sales contract is concluded. The Seller shall not cancel (including cancellation or rescission) the purchase agreement after it has been concluded, and shall not claim invalidation or rescission of the concluded transaction for any reason, except as otherwise provided by law.
- Sellers shall not list any unauthorized products on the Service.
- The Company may, at its discretion, set limits on the amount of money paid for the Product (including, but not limited to, the total amount of money paid for the Product currently on display) and the number of times the Product is displayed. The Company shall not be liable for any damage incurred by the Seller as a result of such restrictions.
- In the event that more than one person is involved in the creation of a work, or if the work is a derivative work of another work, the Company shall obtain prior permission from the other right holders to sell the work.
- Selling another person’s work as a product without the permission of the author is an infringement of the copyright law, including the right of reproduction (Article 21), the right of automatic public transmission (Article 23, Paragraph 1), and the right of transfer (Article 26-2, Paragraph 1), and is prohibited in this service.
- Unauthorized modification of another person’s work is an infringement of the right of adaptation (Article 27) and the right to maintain identity (Article 20, Paragraph 1), and is prohibited in this service.
Article 8 (Purchase)
- The user shall purchase products at the price specified by the Seller on the Service. The user shall not be able to cancel (including cancellation or rescission) the purchase contract after the purchase contract is concluded. You may not cancel (including cancellation or rescission) the purchase agreement after it has been executed, and you may not claim invalidation or rescission of the executed transaction for any reason, except as otherwise provided by law.
- When a user presses the “Buy” button for a product listed on the Service, a sales contract is formed between the seller and the user for that product.
- The Company reserves the right to set limits on the amount of money spent on purchased products (including, but not limited to, the maximum amount of products that can be purchased per day) and the number of purchases at its discretion.
Article 9 (Change of Service Contents and Measures for Interruption)
- The Company may change the contents of the Service and all services provided through the Service at any time without notice to the User in order to operate the Service properly and smoothly.
- The Company may take measures such as suspending all or part of the Service without notice to the User if any of the following items apply:
- In the event of periodic or emergency inspection or maintenance of the computer system related to this service
- In the event that computers, communication lines, or other facilities are shut down due to an accident, etc.
- In the event that the operation of the Service is interrupted due to force majeure such as fire, power outage, natural disaster, etc.
- In the event of an abnormality in the system managed by the Company due to hacking or other methods
- In the event that the services provided by a third party with which this service is linked are changed, provision is suspended, stopped, or malfunction occurs
- In the event that the Company deems it necessary to suspend or discontinue use of the Service.
Article 10 (Termination of the Service)
- The Company may terminate the provision of the Service (including changing all or part of the contents or specifications of the Service to different contents or specifications in a form that does not maintain the identity of the Service) at the Company’s convenience. In this case, the Company shall endeavor to notify the User in advance.
- In the event that the Service is terminated, all data related to the User in the Service shall be deleted.
Article 11 (Services of Other Companies)
In order to use this service, it is necessary to use the storage function of digital assets and cryptographic assets designated by our company, the smart contract system, and other services designated by our company, and some of these services are provided by companies other than our company. The Company assumes no responsibility whatsoever for services provided by service providers other than the Company.
Article 12 (Prohibited Acts)
When using this service, the Company prohibits users from committing any of the following acts, any acts that promote these acts, or any acts that may correspond to these acts:
- Acts that infringe on the intellectual property rights of the Company or a third party.
- Acts that defame the honor or credit of the Company or a third party, or that unfairly discriminate or slander the Company or a third party.
- Infringing or threatening to infringe the property of the Company or a third party
- Causing economic damage to the Company or a third party
- Acts that threaten the Company or a third party.
- Acts that transmit computer viruses or harmful programs.
- Acts that place an excessive burden on the infrastructure facilities for this service.
- Attacking or tampering with the servers, systems, or security that make up this service.
- Accessing the service using methods other than the interface provided by the Company.
- Acts of sales, advertising, solicitation, or other commercial purposes (except for acts agreed to by the Company).
- Use of the Service by using another user’s account, or use of another user’s name or name to impersonate another person.
- Acts related to criminal proceeds, acts related to the provision of terrorist financing, or acts suspected of such acts.
- Lending, transferring, or selling your account or the Contents to a third party for a fee outside of the Service.
- Other than the above, acts that the Company reasonably deems inappropriate.
Article 13 (Elimination of Antisocial Forces)
- The User shall not, now or in the future, fall under the category of antisocial forces (meaning organized crime groups, organized crime group members, organized crime group quasi-constituents, organized crime group-related companies, general merchants, advocates of social movements, or specially intelligent violent groups, or any other persons equivalent thereto). The Company represents that it will not, now or in the future, engage in violent demands, unreasonable demands beyond legal responsibility, threatening words or actions regarding transactions, using violence, spreading rumors, using deception or force to damage trust or interfere with business, or any other similar acts.
- In the event that the Company deems a User to fall under any of the preceding paragraphs, the Company shall, without any prior notice, delete the User’s account and take all other necessary measures. The said user shall not be able to claim damages or exercise any other rights in response to the said measures taken by the Company.
Article 14 (Withdrawal of User)
- If a User wishes to withdraw from the Service, the User may do so by following the procedures prescribed by the Company.
- When a User withdraws from the Service, all data related to the User in the Service shall be deleted.
- This Agreement shall be terminated at the time the User withdraws from the Service.
Article 15 (Restriction of Use and Cancellation of Registration)
- In the event that a User falls under any of the following, the Company may, without prior notice to the User, restrict the User’s use of all or part of the Service, suspend or terminate the User’s account, or take any other measures reasonably deemed necessary and appropriate by the Company.
- In the event that a User violates any of the provisions of this Agreement.
- In the event that the User is in default of his/her financial obligations such as fees.
- If there is no response to communication from the Company for a certain period of time.
- If there is no use of the Service for a certain period of time after the last use
- If the user violates the representations or commitments in Article 13.
- When the Company reasonably judges that the use of the Service is not appropriate for other reasons.
- In the event that the Company suffers any direct or indirect damage as a result of the use of the Service, the User shall compensate the Company for such damage in accordance with the Company’s request.
Article 16 (Intellectual Property Rights and Other RIghts.)
- When a user posts something on this service, the user agrees to grant the Company the right to use all copyrights (including the rights stipulated in Articles 27 and 28 of the Copyright Act) that may arise in relation to part or all of the posted contents, regardless of whether or not they are copyrighted. The User agrees to grant the Company the right to use all copyrights (including the rights stipulated in Article 27 and Article 28 of the Copyright Act) that may arise with respect to part or all of the posted content, regardless of whether they are copyrighted or not, free of charge and without limitation to the extent necessary to provide this service.
- The User agrees that all information, contents, and products provided in the Service (hereinafter collectively referred to as “Company Contents”) are licensed to the User regardless of the method or form. All information, content, and products provided on the Service (hereinafter collectively referred to as the “Company Content”), regardless of the method or form, are licensed to the User, and the User confirms that the User may not reproduce, reprint, publicly transmit, modify, or otherwise use the Company Content beyond the scope of private use as stipulated in the Copyright Act.
- The copyright, patent right, utility model right, trademark right, design right, and all other intellectual property rights related to the Company’s Content, as well as the right to obtain registration of these rights (hereinafter collectively referred to as “intellectual property rights”), shall be owned by the Company, the Company’s licensee, or the licensee’s agent. (hereinafter collectively referred to as “Intellectual Property Rights”) shall belong to the Company, the Company’s licensed licensors, or the Exhibitor, and shall not belong to the User. In addition, regardless of the existence of intellectual property rights, a User shall not reproduce, distribute, reprint, transfer, publicly transmit, modify, adapt, or otherwise make secondary use of the Company Content.
- In the event that a User violates the provisions of this Article and a problem arises, the User shall resolve the problem at its own expense and responsibility, and shall take appropriate measures to ensure that the Company is not disadvantaged, burdened, or damaged in any way.
- Users shall not exercise their moral rights (including the right of publicity, the right to display their name, and the right to maintain their identity) against the Company, third parties who have legitimately acquired rights from the Company, or persons who have succeeded to rights from said third parties with respect to any part of the contents of the Website that may be copyrighted material.
- The purchaser (user) of NFT Art shall only possess the token representing the work, and shall not acquire the work itself or the copyright of the work.
- The user acquires only the right to display the purchased NFT art online for limited purposes (e.g., publication of the fact of acquisition, review of the work, resale of the NFT art, etc.).
- The User shall be prohibited from modifying, reproducing, using for commercial purposes, or otherwise using the Work in an inappropriate manner.
- In the event that a User resells NFT Art, the above rights of use shall cease to exist, and only the reseller shall have the rights of use.
Article 17 (Non-warranty and Disclaimer)
- The Company makes no warranty as to the completeness, accuracy, or validity of the contents of the Service. The Company does not warrant that the Service will not be interrupted, suspended, or otherwise impaired.
- The Company shall not be liable for any damages incurred by the User due to the User’s failure to change the registered information.
- The User shall use the Service within the scope of laws and regulations. The Company shall not be held liable for any violation of Japanese or foreign laws and regulations by the User in connection with the use of the Service.
- The Company shall not be held responsible for any damage to the User resulting from the theft of the User’s information due to unforeseen acts such as unauthorized access.
- The Company shall not be liable for any default in all or part of this Agreement due to natural disasters, earthquakes, fires, strikes, stoppage of commerce, wars, civil unrest, epidemics of infectious diseases, or other force majeure.
- In the event that a user has a problem with a third party, such as another user, regarding the use of this service, the Company shall not be held responsible for the problem, and the user shall resolve any problems between the user and the third party at the user’s own cost and expense.
Article 18 (Liability for Damages)
- Due to the Company’s intentional or gross negligence: the full amount of the relevant damages
In the event of negligence on the part of the Company: The amount of damages shall be limited to actual and direct ordinary damages (excluding special damages, lost profits, indirect damages and attorney’s fees).
- In the case of negligence by the Company: The amount of damages shall be within the range of the actual and direct damages (excluding special damages, lost profits, indirect damages, and attorney’s fees), with an upper limit of 10,000 yen.
- Due to the Company’s intentional or gross negligence: the full amount of the relevant damages
Notwithstanding the preceding paragraph, if the User is a corporation or an individual using the Service as a business or for business purposes, the Company shall not be liable for any damages incurred by the User in relation to the Service, unless the Company is intentionally or grossly negligent. In the event that the Company compensates for damages, the maximum amount of compensation shall be the accumulated total amount of usage fees for the most recent one year from the date of occurrence of damages.
Article 19 (Confidentiality)
- For the purpose of this Agreement, “Confidential Information” shall mean all information regarding the Company’s technology, business, operations, finances, organization, and other matters provided or disclosed by the Company in writing, orally, or through recorded media, etc., or obtained by the User in connection with this Agreement or the Service. However, the following information shall be excluded from confidential information:
- Information that was already generally known or known to the public when it was provided or disclosed by the Company or when it became known to the Company.
- Information that has become public knowledge through publications or other means after it has been provided or disclosed by the Company or has become known to the Company for reasons not attributable to the Company.
- Obtained legally without obligation of confidentiality from a third party who has the authority to provide or disclose the information
- Developed independently without the use of confidential information.
- The User shall maintain the Confidential Information as confidential, use it 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.
- Notwithstanding the provisions of Paragraph 2, the User may disclose the Confidential Information to the minimum extent necessary in accordance with any order, request, or demand of law, court, or governmental agency. Notwithstanding the provisions of Paragraph 2, a User may disclose Confidential Information to the minimum extent necessary pursuant to an order, request, or demand of law, court, or governmental agency.
- The User shall obtain the prior written consent of the Company when reproducing any document or electromagnetic record, etc. containing Confidential Information, and shall strictly manage the reproduction in accordance with Section 2. 5. Whenever requested by the Company, the User shall, without delay and in accordance with the Company’s instructions, cease using, return or dispose of the Confidential Information, any documents or other recording media containing or describing the Confidential Information, and all copies thereof.
Article 20 (Handling of Personal Information)
The Company shall collect personal information such as location, gender, and age from the device in use. Purposes of UseThe specific purposes of use of user information related to the provision of the Service are as follows.
- To provide, maintain, protect, and improve the Service, including the acceptance of registration, identification, user authentication, recording of user settings, and calculation of usage fees.
- To measure user traffic and behavior
- To distribute, display, and measure the effectiveness of advertisements
- To provide information and respond to inquiries regarding the Service (5) To respond to violations of the Company’s terms and policies regarding the Service (hereinafter referred to as the “Terms”) (5) To respond to violations of the Company’s rules, policies, etc. (hereinafter referred to as “Rules, etc.”) regarding the Service (6) To notify users of changes to the Rules, etc. regarding the Service
There are two main types of data acquired: 1) user attribute information and 2) service usage information.
None of the data handled by our company is intended to identify individual users.
We collect the following data as user attribute information.
- Device used (PC, mobile)
- Age and gender of the user
- Country of access origin
- Browser used (Safari, chrome)
- Which page on the website (anifty.jp) the user has visited
- Method of inflow (Twitter, search, direct URL input, etc.)
The following information is mainly collected as service usage information.
- User name
- User’s self-introduction
- User icon image
- User’s header image ・Posted work information (work title, work description, work image)
- Purchase history
Article 21 (Notification or Communication)
- Notifications and communications between the User and the Company shall be made in a manner determined by the Company.
- Unless the User notifies the Company of a change in the method specified separately by the Company, the Company shall assume that the currently registered contact information is valid and shall notify or contact the said contact information.
- Even if a notification from the Company is delayed or undeliverable due to a lack of notification of a change in the preceding paragraph, it shall be deemed to have reached the User at the time when it should have normally reached the User.
Article 22 (Transfer of Rights and Obligations)
- In the event that the Company’s business related to the Service is to be succeeded to by a third party due to a merger, corporate separation, business transfer, or any other reason, the Company may transfer the status under the Terms, etc., rights and obligations under the Terms, etc., and user information to the successor of the business in question, and the user shall agree to such transfer in advance in this section. The User shall be deemed to have agreed in advance to such transfer in this section.
Article 23 (Severability)
- Even if any part of the provisions of this Agreement is determined to be invalid under the law, the other provisions of this Agreement shall remain valid.
- Even if any part of the provisions of this Agreement is invalid or revoked in relation to one user, this Agreement shall remain valid in relation to other users.
Article 24 (Surviving Provisions)
The provisions of Article 6.2, Article 10, Article 11, Article 14 through Article 18, and Article 22 through Article 26 shall remain in effect even after the termination of this Agreement.
Article 25 (Governing Law, Court of Jurisdiction)
- The validity, interpretation and performance of this Agreement shall be governed by and construed in accordance with the laws of Japan.
- The Tokyo Summary Court or the Tokyo District Court shall have exclusive jurisdiction over any disputes, lawsuits, or any other disputes between the Company and the User, depending on the amount of the lawsuit.
Article 26 (Consultation and Resolution)