Terms of Use
These Terms of Use (hereinafter referred to as these "Terms") set forth a contractual relationship between you and HashPort
Inc. (hereinafter referred to as "Company") concerning the use of the Services (as defined in Article 2
(Definitions) as various services provided by the Company in connection
with the EXPO2025 DIGITAL WALLET).
Before using the EXPO2025 DIGITAL WALLET, please read carefully these
Terms and all contents of notes, guidelines, and other documents
described in these Terms. When using the Services, you must understand
these Terms and agree that all provisions of these Terms apply.
The Services are available at the Expo 2025 Osaka, Kansai, Japan, held
by the Japan Association for the 2025 World Exposition (hereinafter
referred to as the "Osaka Kansai Expo"). However, the Company may continue to provide the Services
pursuant to these Terms even after the termination of the Osaka Kansai
Expo.
If you are a minor, adult ward, person under curatorship, or person under assistance, please be sure to obtain the consent or other approval of a legal
representative, curator, or assistant, including a person who has
parental authority or a guardian, when using the Services and agreeing
to these Terms.
Article 1 General Provisions
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The purpose of these Terms is to set forth the terms and conditions
for the provision of the Services as well as the relationship of
rights and obligations between the Company and the User (defined in
the immediately following Article (Definitions); the same shall apply
hereinafter in this Article) in relation to the use of the Services,
and these Terms apply to any and all relationships between the Company
and the User concerning the use of the Services.
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The Company may from time to time prescribe various terms and
conditions (including, but not limited to, the Privacy Policy), notes,
guidelines, and other rules in connection with the Services
(hereinafter collectively referred to as the "Individual Terms"). The Individual Terms, regardless of their names, constitute
a part of these Terms. In the event of any discrepancy between the
provisions of these Terms and the provisions of the Individual Terms,
the provisions of the Individual Terms apply in preference to the
provisions of these Terms.
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The Company may entrust all or part of the operations relating to the
provision of the Services to a third party without obtaining the
consent of the User.
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The User agrees that the Company may continue to provide the Services
at the Company's discretion after the expiration of the period of
the Osaka Kansai Expo. In this case, the User Account (defined in the immediately following Article
(Definitions)) and information relating to that account are carried
over to the continuously-provided Services (except where the User has withdrawn prior to the commencement of the
continuous provision of the Services).
However, the Services, other than services for receiving, displaying and sending
crypto-assets and NFTs and their related services, may not be available
after the expiration of the period of the Osaka Kansai Expo. In
addition, the name and app design, etc., of the Services may be changed,
or the nature and character of the Services may be modified.
Article 2 Definitions
The following expressions used in these Terms have the meanings set
forth below.
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"Services" means collectively the following services in which the Web3
Wallet known as EXPO2025 DIGITAL WALLET is provided by the Company as
the core service.
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Aggregation service that enables the display of the Osaka Kansai
Expo's Coin Site, Point Site, etc., or the transition to various
web sites or applications.
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Service for receiving, displaying, and sending crypto-assets.
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Service for receiving, displaying, and sending NFTs.
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Other related services (if the name or content of the service has
been changed, the service after such a change shall be
included).
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"Service Use Agreement" means an agreement made and entered into between the User and
the Company concerning the use of the Services subject to the User
agreeing to these Terms.
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"Third Party Terms" means the terms of use, privacy policy, etc., prescribed by a
third party who provides a part of the Services in cooperation with
the Company regarding the provision of the Services to the User.
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"App"means an application exclusively used for the Services.
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"Registration Applicant" means a person who wishes to use the Services.
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"User" means a person who has made and entered into the Service Use
Agreement with the Company.
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"User Account" means an account granted by the Company to the User pursuant
to the Service Use Agreement which allows the User to use the Services
(including a passcode used for authentication or biometric information
for biometric authentication).
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"Intellectual Property Rights" means copyrights, patent rights, utility model rights, design
rights, trademark rights, and other intellectual property rights
(including rights to acquire those rights or to apply for the
registration, etc., of those rights).
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"Digital Content" means electromagnetic photos, videos, 3D models, avatars, and
other digital content available on the Services.
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"NFT" is an abbreviation for Non-Fungible Token, and it means the
aggregation of a non-alternative electromagnetic token with a unique
value or attribute (a transferable proprietary value that is recorded
using blockchain or similar technology) and the Digital Content which
is linked to that token.
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"SBT" is an abbreviation for Soulbound Token, and it means a non-transferable NFT.
Article 3 Registration for Use of Services
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The Registration Applicant may apply to the Company for the
registration for use of the Services by agreeing to abide by these
Terms (including the Individual Terms which constitute a part of these
Terms; the same shall apply hereinafter) and by providing the Company
with such information in such manner as the Company may prescribe
(hereinafter referred to as the "Registration Information").
In addition to these Terms, the Registration Applicant may be required
to agree to the Third Party Terms, and in which case, the Registration
Applicant must also agree to such Third Party Terms in advance.
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The Company determines whether or not to register the Registration
Applicant in accordance with the reasons listed in the following
Paragraph and the Company’s other criteria, and when the Company
approves the registration, the Company shall notify the Registration
Applicant in the manner prescribed by the Company that the Company has
approved the registration for use of the Services (when the notice
prescribed by the Company is displayed on the App used by the
Registration Applicant and the Services become available, then the
approval shall be deemed to have been given). The registration of the
Registration Applicant as the User shall be deemed to have been
completed when the Company notifies the Registration Applicant of such
approval, and upon completion of the registration, the Service Use
Agreement shall be concluded between the Company and the User.
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In the event that the Registration Applicant falls under any of the
following items, the Company may not approve the registration for use
of the Services. When the Company has not approved the registration
for use of the Services, the Company is under no obligation to notify
or explain the reasons for such disapproval to the Registration
Applicant.
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If the Registration Applicant does not agree to these Terms or any
Third Party Terms to which their agreement is required.
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If the Company determines, based on reasonable grounds, that the
Registration Applicant is likely to breach these Terms.
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If all or part of the Registration Information provided to the
Company is false, erroneous, or omitted.
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If the Registration Applicant has, for the use of the Services or
other services provided by the Company, breached the terms of use in
the past, or if the Registration Applicant has been rejected by the
Company in terms of the use of the Services, including when the
registration was canceled or the Registration Applicant was forced to
withdraw from the Services.
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If the Registration Applicant is a minor, adult ward, person under
curatorship, or person under assistance, and fails to go through
procedures that are necessary for the full effective conclusion of the
Service Use Agreement, including failure to obtain the consent of a
person who has parental authority, a guardian, or other legal
representative, or a curator or an assistant.
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If the Company determines, based on reasonable grounds, that the
Registration Applicant is part of the anti-social forces (meaning (i)
an organized crime group as defined in Article 2, item (ii) of the Act
to Prevent Illegal Activities by Members of Organized Crime Groups
(Act No. 77 of 1991); including subsequent amendments), (ii) a member
of an organized crime group (meaning a member of an organized crime
group as defined in Article 2, item (vi) of the same Act, (iii) a
person for whom it has been less than five (5) years since he/she
ceased to be a member of an organized crime group, (iv) a quasi-member
of an organized crime group, (v) an organized crime group-associated
company, (vi) a corporate extortionist, (vii) a rogue person or group
proclaiming itself as a social activist, (viii) a rogue person or
group proclaiming itself as a political activist, (ix) an organized
special intellectual crime group, or (x) any other person considered
to be analogous to any of the above persons or groups; the same shall
apply hereinafter), or that the Registration Applicant has some kind
of interaction with or involvement in the anti-social forces, etc.,
such as cooperating in or being involved in the maintenance,
operation, or management of the anti-social forces through the
provision of funds or otherwise.
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If the Company determines, based on reasonable grounds, that the
Registration Applicant is likely to engage in the prohibited acts set
forth in Article 10 (Prohibited Acts).
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In addition to the preceding items, if the Company determines, based
on reasonable grounds, that the registration for use is not
appropriate.
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The application for the registration for use set forth in Paragraph 1
must be made by a person who intends to use the Services, and unless
otherwise approved by the Company, the application for the
registration for use by a person other than the principal (excluding a
legal representative) shall be null and void. In addition, when
applying for the registration for use, the Registration Applicant must
provide the Company with true, accurate, and up-to-date
information.
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The User represents and warrants that the content of the Registration
Information is true, accurate, and up-to-date.
Article 4 Management of User Account, etc.
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The User shall properly and strictly manage and store the User
Account, passcode, and other authentication information at their own
responsibility, and shall not allow any third party to use, lend,
transfer, change the name of, buy or sell, etc., the same.
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The Company may deem any act of using the Services conducted through
the use of the User Account and authentication information to be an
act by the User registered in the User Account.
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The User shall be liable for all damage caused by improper management
of, errors in the use of, or third party's use of the User Account
and authentication information, and the Company shall assume no
liability therefor except where the damage is caused by intent or
gross negligence on the part of the Company.
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If the User discovers that information on the User Account or
authentication information has been leaked or used by a third party,
the User shall immediately notify the Company to that effect and
follow the Company's instructions regarding the handling of such a
User Account and authentication information.
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In the Services, the Company encrypts the secret key for the User
Account of the User using a passcode defined by the User and manages
the User Account information in such a manner that said information
cannot be restored by a business operator alone. Moreover, the Company
stores the secret key in multiple distributed pieces using secret
sharing for enhanced security.
Article 5 Use of Services
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The User may use the Services at their own responsibility in
accordance with these Terms.
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The Company may request the User to perform prescribed operations
such as input of the code notified via email (includes SMS and other
message services) for the purpose of enhancing security. In addition,
the User may use biometric authentication using biometric information
registered by the User in their own biometric device on any terminal
with a biometric device without using a passcode.
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In the Services, the Company may use payment services through EXPO Coin Site (tentative name), EXPO Point App (tentative name),
EXPO NFT Site (tentative name) and other services provided by third
parties. If the User uses those services, the User must follow the terms
of use of such services. The Company shall not be liable for any
damage incurred by the User due to the User's use of the services
provided by third parties or any dispute between the User and third
parties, except where the damage is caused by intent or gross
negligence on the part of the Company.
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Computers, smartphones and other devices, communication lines and
other communication environments, etc., necessary for the use of the
Services shall be prepared and maintained at the User's expense
and responsibility.
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The User shall take security measures at their own expense and
responsibility, according to their own usage environment, of the
Services, including the prevention of computer virus infection and the
prevention of unauthorized access and information leakage.
The Company shall not be liable for any damage incurred by the User due
to virus infection, unauthorized access, or information leakage, except
where the damage is caused by intention or gross negligence on the part
of the Company.
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The Company may give notice to the User in connection with the
Services by (i) displaying information within the Services or
otherwise making information available for viewing, (ii) sending it to
the contact information registered by the user as registration
information, or (iii) using another method separately determined by
the Company. Any such notice shall be deemed to have arrived at the
User at the time when it should normally have arrived, unless
otherwise provided in these Terms. In addition, any inquiry from the
User regarding the Services and any communication or notification from
the User to the Company shall be made in the manner prescribed by the
Company.
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Upon termination of the provision of the Services, all the Service
Use Agreements shall naturally cease to be effective.
Article 6 Usage Fees for Services
The User may use the Services free of charge. However, the User shall
bear the expenses for preparation and maintenance of computers, software
and other equipment, communication lines and other communication
environment, etc., necessary for the use of the Services. In addition,
any fees required for moving assets or using other services shall be
borne by the User separately. Any paid services may be set depending on
future service expansion.
Article 7 Attribution of Rights
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All title and intellectual property rights in and to (i) the Digital
Contents, (ii) the Company's website, (iii) other tangible or
intangible components constituting the Services (including
applications, software programs, databases, icons, images, text,
related documents such as manuals, and any other content) shall belong
to the Company or a third party who grants a license to the
Company.
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Unless expressly stated in these Terms, the license to use the
Services under these Terms shall not constitute the transfer of, or
the grant of a license to use, intellectual property rights of the
Company or a third party who has granted a license to the Company with
respect to those stated in Items (i) through (iii) of the preceding
paragraph.
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The User shall not take any action which may infringe upon the
intellectual property rights of the Company or any third party who has
granted a license to the Company for any reason whatsoever.
Article 8 Confidentiality
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The term "Confidential Information" as used in these Terms means information relating to the
technology, sales, operations, finance, organization, and all other
matters of the Company disclosed, provided, or made known to the User
by the Company in writing, orally, by electromagnetic recording media,
or by any other means arising from or in connection with these Terms
or the Services. However, the following information shall be excluded
from the Confidential Information.
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Information that was already publicly known or already known to the
User at the time of disclosure or provision by the Company.
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Information that becomes publicly known for reasons not attributable
to the User after disclosure or provision by the Company.
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Information that is lawfully obtained by the User from a third party
having legitimate authority to disclose or provide it without
obligation of confidentiality.
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Information that is independently developed by the User without
relying on the Confidential Information.
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The User shall use the Confidential Information only for the use of
the Services and for other purposes for which the Confidential
Information was disclosed and provided, and the User shall not
disclose, provide, or leak the Confidential Information to a third
party without the written consent of the Company. However, in the
event that the User is required to disclose the Confidential
Information pursuant to laws and regulations, an order, demand, or
request of a court or government agency, and if the User notifies the
Company of the requirement promptly after receiving the order, demand,
or request, the User may disclose or provide the Confidential
Information to necessary third parties to the minimum extent necessary
for the order, demand, or request.
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Upon request from the Company, the User shall immediately return or
destroy the Confidential Information, and documents or other records
containing or recording the Confidential Information, and all copies
thereof at any time in accordance with the instructions given by the
Company.
Article 9 Use of Data and Personal Information
The Company shall handle the User information pursuant to the
provisions of "Privacy Policy for EXPO2025 DIGITAL WALLET App" separately prescribed by the Company, and the User agrees that
the Company will handle the User information in accordance with that
Privacy Policy.
Article 10 Prohibited Acts
In using the Services, the User shall not engage in any of the
following acts.
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Acts that directly or indirectly infringe, or are likely to infringe,
the intellectual property rights, portrait rights, right to privacy,
reputation, or other rights or interests of the Company, or other
users or external business operators, or other third parties.
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Acts that are related to a criminal act or offensive to public order
and morals.
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Acts that breach or are likely to breach these Terms, laws, and
regulations, or internal rules of the industry organization to which
the Company or the User belongs.
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Acts that transmit information containing computer viruses or other
harmful computer programs.
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Acts that attempt to gain unauthorized access to the Services.
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Acts that transmit data exceeding a certain data capacity defined by
the Company through the Services.
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Acts that pretend to be the Company or a third party, or acts that
intentionally spread false information.
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Acts that cause a third party to use the User Account, or that lend,
transfer, change the name of, purchase and sell, or otherwise dispose
of, the User Account.
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Acts that reprint, duplicate, copy, modify, alter, transmit to the
public, distribute, transfer, lend, or translate (i) the Digital
Content, (ii) the Company's website, or (iii) other tangible or
intangible components constituting the Services without obtaining the
prior consent of the Company.
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Acts of reverse engineering, decompilation, disassembly, or any other
acts that interfere with the server or network system of the
Services.
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Acts that use a bot, cheat tool, or other technical means to
manipulate the Services fraudulently.
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Acts that intentionally use the defects in the Services.
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Acts that make an unreasonable inquiry or demand to the Company, such
as repeating similar questions unnecessarily.
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Acts that interfere or are likely to interfere with the provision of
the Services by the Company.
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Acts that interfere with the use or enjoyment of the Services by
other users.
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Acts that illegally collect, disclose, or provide other users'
personal information, the Registration Information, usage history
information, etc.
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Acts that have some kind of interaction with or involvement in the
anti-social forces, such as cooperation in or involvement with the
maintenance, operation, or management of the anti-social forces
through the provision of funds or otherwise.
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Acts that apply for the registration to use the Services for the
purpose of money laundering or that use the Services for money
laundering.
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Acts that assist or promote an act falling under any of the preceding
items.
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In addition to any of the preceding items, acts that the Company
determines, based on reasonable grounds, to be inappropriate.
Article 11 Suspension, Interruption, Change, and Termination of
Services
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The Company may suspend or interrupt the Services for regular
maintenance work or for any other needs. In the event of such a
suspension or interruption, the Company shall notify the User to that
effect in advance. However, if any of the following events occurs, the
Company may suspend or interrupt the Services in whole or in part
without giving prior notice to the User.
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In the event of urgent inspection or maintenance work of the system
related to the Services.
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In the event that the Company determines it necessary to suspend or
interrupt the Services due to failure, erroneous operation, excessive
concentration of access, unauthorized access or hacking, etc., of the
system or communication lines related to the Services.
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In the event that the Company deems it necessary to suspend or
interrupt the Services due to force majeure events such as fire, power
outage, or act of God, etc.
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In the event that any trouble, interruption, or suspension of service
provision, suspension of linkage with the Services, or change of
specifications, etc., occurs in services other than the
Services.
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In addition to the cases set forth in each of the preceding items, in
the event that the Company determines it necessary to suspend or
interrupt the Services urgently.
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The Company may change the content of the Services or terminate the
provision of the Services at the convenience of the Company. When the
Company intends to terminate the provision of the Services, the
Company shall notify the User to that effect in advance.
Article 12 Suspension of Use of Services, Cancellation of User Account,
etc.
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If the User falls under any of the following items (including when
the Company determines, based on reasonable grounds, that the User is
likely to fall under any of the following items), the Company may
suspend the User from using the Services without giving prior notice
or demand.
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If the User breaches any provision of these Terms (including the
User's representations and warranties in these Terms; the same
shall apply hereinafter).
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If the Registration Information is found to be false (meaning that
the Registration Information is not true, accurate, or
up-to-date).
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If the Services have been used, or an attempt has been made to use
them, for a purpose or in a manner that may cause damage to the
Company, other users, external business operators, or other third
parties.
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If the User prevents or attempts to prevent the Company from
providing the Services by any means whatsoever.
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In addition to the preceding items, if the Company determines based
on reasonable grounds that it is appropriate to suspend the use of the
Services by the User.
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If the User falls under any of the following items, the Company may
terminate all or part of the Service Use Agreement with the User or
cancel the User Account of the User without giving prior notice or
demand.
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If the User breaches any provision of these Terms and fails to
correct the breach within 14 days after the request by the Company to
correct the breach.
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If the User falls under Item (2), (3), or (4) of the preceding
Paragraph.
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If the User dies.
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If the User suspends payments or becomes insolvent, or if a petition
for commencement of bankruptcy proceedings, civil rehabilitation
proceedings, corporate reorganization proceedings, special
liquidation, or similar proceedings (including preparation and
commencement of private liquidation) is filed by or against the
User.
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If the User is subjected to a disposition for dishonor in terms of a
draft or check drawn or accepted by the User, or if the User is
subjected to a disposition for suspension of transactions by a
clearing house or to any other measures similar to that
disposition.
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If a petition for attachment, provisional attachment, provisional
disposition, compulsory execution, or auction is filed by or against
the User.
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If the User is subjected to a disposition for delinquency of taxes
and public due.
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If the User has not used the Services for six (6) months from the
month following the month in which the Services were last used and the
User has not responded to the Company for 30 days or more.
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If the User falls under any of the items of Paragraph 3 of Article 3
(Registration for Use of Services).
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In addition to the preceding items, if the Company determines, based
on reasonable grounds, that use of the Services by the User is not
appropriate.
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If the User falls under any of the items in the preceding paragraph,
the User shall naturally forfeit the benefit of time with respect to
all obligations owed to the Company without any notice or demand from
the Company and shall immediately pay the obligations to the
Company.
Article 13 Handling After Cancellation of User Account or Termination
of Service Use Agreement
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Upon termination of the Service Use Agreement, the User shall
immediately terminate the use of the Services regardless of the reason
for termination.
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When (i) the User Account is canceled or (ii) the Service Use
Agreement is terminated, the Company may delete the User Registration
Information recorded in the User Account and other User-related data
relating to the Services (however, the Company will not delete (i)
information that is technically impossible or extremely difficult to
delete, or (ii) information that is required to be retained by laws
and regulations).
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The Company shall not be liable for any damage incurred by the User
due to the deletion of the User-related data pursuant to the preceding
paragraph.
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The User agrees in advance that (i) information on the User Account
cannot be recovered and (ii) SBTs, NFTs, and Crypto-Assets cannot be
held under the Services if (i) the User Account is canceled, or (ii)
the Service Use Agreement is terminated.
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The provisions of Article 7 (Attribution of Rights), Article 8
(Confidentiality), Article 9 (Use of Data and Personal Information),
this Article (Handling after Cancellation of User Account or
Termination of Service Use Agreement), the following Article (No
Warranty and Disclaimer), Article 15 (Liability for Damage to User,
etc.), Article 17 (Assignment of Status Under Service Use Agreement,
etc.), Article 19 (Severability), Article 20 (Elimination of
Anti-social Forces), and Article 21 (Governing Law and Court of
Jurisdiction) shall remain in effect even after termination of the
Service Use Agreement.
Article 14. No Warranty and Disclaimer
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The Company makes no warranty, express or implied, that the
receipt/display/sending of crypto-assets (including transfer of
crypto-assets between users), the receipt/display/sending of NFTs
(including transfer of NFTs between users), other related services,
and the value, functionality, and purpose of crypto-assets and SBTs
and NFTs will (i) be fit for the particular purpose of the User, (ii)
realize the particular result, (iii) be used satisfactorily on any
version of all operating systems, web browsers, or apps, (iv) have the
expected functionality, commercial value, accuracy, safety,
usefulness, and legality, (v) not infringe upon third party rights,
(vi) be available continuously/perpetually, (vii) be available without
interruption, suspension or other impediment, (viii) be free of bugs
or problems, and (ix) be free of hacking or theft.
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The User shall investigate, at their own responsibility and expense,
as to whether the use of the Services violates any laws, government
ordinances, statutes, rules, orders, notices, codes, guidelines, or
other regulations applicable to the User (hereinafter referred to as
"Laws, etc"), and the Company makes no warranty that the use of the
Services by the User will conform to the Laws, etc., applicable to the
User.
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Any transactions, communications, disputes, etc., arising between the
User and other users or other third parties in connection with the
Services shall be handled and resolved at the User's
responsibility, and the Company assumes no responsibility for such
matters except where such matters are caused by intent or gross
negligence on the part of the Company.
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The Company shall not be liable to compensate the User for any damage
incurred by User in connection with suspension, interruption, or
termination of the provision by the Company of, or unavailability or
modification of, the Services, loss of data or failure or damage of
equipment caused by the use of the Services, or any other matters
relating to the Services, except where the damage is caused by intent
or gross negligence on the part of the Company.
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The Company makes no warranty as to any website other than the
Company's website and any information deriving therefrom,
regardless of whether links have been provided or for any other reason
whatsoever, except where there is intent or gross negligence on the
part of the Company.
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There is a possibility that the display of the amount of
crypto-assets held in the Services or the speed of remittance, etc.,
may be affected by the failure of the Company system, or failure of
the User's terminal or web browser, or operation outside the scope
of these Terms. In such a case, the Company shall not be liable to
compensate the User for any damage incurred by the User in relation to
the Services, except where the damage is caused by intent or gross
negligence on the part of the Company.
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In the event that the performance of the Services is prevented by
acts of God (including, but not limited to, typhoon, tsunami,
earthquake, windstorm and flood, lightning stroke, and chloride
damage), fires, infectious diseases, epidemics, cyber attacks,
environmental pollution, wars, civil commotions, riots, terrorist
acts, strikes, revision or abolition or enactment of laws and
regulations, orders or dispositions by public power, labor disputes,
accidents of transportation facilities or communication lines, sharp
rises in raw material and freight costs, significant fluctuations of
exchange rates, or any other force majeure events, the Company shall
not be liable for any damage or disadvantage incurred by the User due
to such force majeure events.
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The Company shall not be liable to compensate the User for any damage
incurred by the User as a result of future changes in the Laws, etc.,
or tax systems relating to crypto-assets, SBTs, or NFTs.
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The Company shall not be liable to compensate the User for any damage
incurred by User, even if future changes in Laws, etc., or tax systems
relating to crypto-assets, SBTs, or NFTs are retroactive to the
past.
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Even if the User incurs a loss due to price fluctuation of
crypto-assets or NFTs, the Company shall not be liable to compensate
the User for the loss except where the loss is caused by intent or
gross negligence on the part of the Company.
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Although the Services are collaborating with third party services,
the Company makes no warranty that the User can use such third party
services in such collaboration.
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When the User uses third party services that are collaborating with
the Services, the User shall (i) comply with the terms of use and
other conditions of such third party services at the User's
expense and responsibility, and (ii) in the event of a dispute between
the User and the business operator who provides such third party
services, shall handle the dispute at the User's expense and
responsibility.
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The Company assumes responsibility or liability for the Services only
to the limited extent and in accordance with the provisions of these
Terms. The Company shall not be liable for matters for which the
Company assumes no warranty, for which the Company assumes no
liability, and for which the User assumes liability, under the
provisions of these Terms, except where such matters are caused by
intent or gross negligence on the part of the Company. The Company
shall not be liable for any damage incurred by the User in connection
with the Services, except where the damage is caused by intent or
gross negligence on the part of the Company.
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In the event that the User suffers damage in connection with the
Services due to the negligence on the part of the Company (excluding
gross negligence), and if the Company is liable to compensate the User
for the damage notwithstanding the disclaimer provisions of these
Terms, (i) the Company shall be liable only for direct and ordinary
damage actually incurred by the User, regardless of whether such
damage is caused by default, tort, or any other cause of claim, and
shall not be liable for any incidental, indirect, special, future
damage and any damage for lost profits, and (ii) the aggregate amount
of such damages shall not exceed 10,000 yen.
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If the Service Use Agreement between the Company and the User falls
under a consumer contract defined in the Consumer Contract Act (Act
No. 61 of 2000; including subsequent amendments), provisions which
totally exempt the Company from liability shall not apply. However,
the provisions of the preceding Paragraph shall apply unless there is
intent or gross negligence on the part of the Company.
Article 15 User's Liability for Compensation, etc.
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In the event that the User has committed any act in breach of these
Terms (including cases where the Company determines, based on
reasonable grounds, that the User is likely to have committed such an
act), the Company may prohibit such an act.
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In the event that the User breaches these Terms and causes any damage
to the Company in connection with the use of the Services (including
reasonable attorneys' fees), the User shall compensate the Company
for the damage.
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In the event that the User receives any claim from other users,
external business operators, or other third parties, or that the User
has a dispute with the foregoing parties, in connection of the
Services (hereinafter collectively referred to as "Dispute, etc."), the User shall immediately notify the Company of the details
thereof, and shall handle the Dispute, etc., at the expense and
responsibility of the User, without causing any inconvenience to the
Company. In addition, the User shall report the progress and results
of the Dispute, etc., to the Company upon request from the
Company.
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If the Company suffers any damage due to the Dispute, etc., the User
shall compensate the Company for the damage.
Article 16 Amendment to Service Contents and Terms, etc.
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The Company may amend the contents of the Services.
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The Company may amend these Terms pursuant to the provisions of the
Civil Code. When amending these Terms, the Company shall publicize the
effective date and content of the amended Terms by posting the same on
the Company's website or by any other appropriate means. The
amended Terms shall become effective at the time when that effective
date arrives.
Article 17 Assignment of Status Under Service Use Agreement
The User may not assign, transfer, encumber, or otherwise dispose of
their status under the Service Use Agreement or any rights or
obligations thereunder to any third party without the prior written
consent of the Company.
Article 18 Entire Agreement
These Terms constitute the entire agreement between the Company and the
User with respect to the matters contained herein and supersede any
prior agreements, representations, and understandings, whether oral or
written, between the Company and the User with respect to the matters
contained herein.
Article 19 Severability
If any provision of these Terms or any part thereof is determined to be
invalid or unenforceable under the Consumer Contract Act or other Laws,
etc., the remaining provisions of these Terms and the remaining portion
of the provision of which part is determined to be invalid or
unenforceable shall remain in full force and effect, and the Company and
the User shall endeavor to amend that invalid or unenforceable provision
or portion to the extent necessary to make it legal and enforceable, so
as to secure the purport of that invalid or unenforceable provision or
portion and its equivalent legal and economic effect.
Article 20 Elimination of Anti-social Forces
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The User shall assure the Company of the following matters.
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The User, any of their officers, or any person equivalent thereto (i)
is not part of the anti-social forces (meaning any of those defined in
Item (vi) of Paragraph 3 of Article 3 (Registration for Use of
Services); the same shall apply hereinafter), and (ii) is not involved
in a corporation or other organization in which anti-social forces are
substantially involved, and does not and will not in the future fall
under either Item (i) or Item (ii).
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The User (i) is not involved in anti-social forces through the
provision of funds or benefits, etc., to such anti-social forces, or
(ii) does not allow its own name to be used by anti-social forces to
conclude or perform the Service Use Agreement.
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During the effective term of the Service Use Agreement, the User
shall not take any of the following acts against the Company or other
users by itself or by using a third party.
- Violent demand
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Unreasonable demands beyond legal responsibility
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Using threatening speech or behavior or violence arising from, or in
connection with, the Services
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Spreading rumors or using fraudulent means or force to damage
credibility or obstruct business
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Other acts equivalent thereto
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In the event that the User breaches assurances in the preceding
Paragraph, the Company may immediately terminate all or part of the
Service Use Agreement without giving any notice or demand. In such
case, the Company shall not be liable to compensate the User for any
damage incurred by the User as a result of the termination.
Article 21 Governing Law and Court of Jurisdiction
These Terms and the Service Use Agreement shall be governed by the laws
of Japan, and any dispute arising out of or related to these Terms or
the Service Use Agreement shall be subject to the exclusive agreed
jurisdiction of the Tokyo District Court as the first instance
court.
Article 22 Resolution through Consultation
Any matter not provided for in these Terms or any doubt as to the
interpretation of these Terms shall be promptly resolved through mutual
consultation between the Company and the User in accordance with the
principle of good faith.