Definitions of the Terms used in this contract are as follows.
(1) Service: Services operated and provided by the Company and related services
(2) Website: The website on which the content of this service appears on
(3) Content: Generic name of characters, sounds, still images, moving images, software programs, codes etc. provided on the Service
(4) User: Anyone that uses the Service
(5) Member: Person who completed member registration of this Website
(6) ID: The text string unique to the Member for use of the Service
(7) Password: A uniquely set encryption by the Member corresponding to the ID
(8) Block Chain · Trading Card: Digital Trading Card using Blockchain Technology operated by the Company
(9) Points: Points given to the Block Chain · Trading Card winning card battle game at this Website (Conversion to real-time money is not possible)
(10) Personal Information: Generic information that can identify individuals such as address, name, occupation, telephone number
(11) Registration Information: Generic information (including e-mail address, ID / password, etc.) registered by the Member at this Website
(12) Intellectual Property: Those produced by creative activities of human beings, inventions, new varieties of plants, designs, written works, or other human creative activities (naturally occurring laws or phenomena discovered or resolved), including trademarks, trade names and other products or services used in business activities, trade secrets, other technological or business information useful for business activities, etc.
(13) Intellectual Property Rights: Rights prescribed by laws and regulations concerning patent rights, utility model rights, breeder´s rights, design rights, copyrights, trademark rights and other intellectual property, or rights pertaining to legally protected interests
2. CONTENTS OF THIS SERVICE
1. The Company will provide a service that sells Block Chain · Trading Card (hereinafter referred to as "Trading Card") on this Website.
2. The Company will provide play (free) / service of the card battle game (hereinafter referred to as "Game") conducted by Members using ToraCa on this Website.
3. Points are awarded to the ToraCa victor of the Game, and a decorative effect is added to the ToraCa when a certain amount of Points has accumulated. Points can not be converted into cash.
4. Points acquired in the game and effects added to the ToraCa are used only in the Game and are not recorded in the blockchain.
1. The User shall be able to use the Service and the App after agreeing with these Terms.
2. Upon the User downloading this Service to a smartphone or other information terminal and making the consent procedure to these Terms, a user-to-user contract with the company is established and recognized according to the provisions of this agreement.
3. If the User is a minor, please use this Service with the consent of a custodian or other legal representative.
4. If the minor User falsifies consent from a custodian or other legal representative, uses this service by falsely misrepresenting his/her age, and/or falsifies identification to be someone other than the acting personnel, any legal action that will be taken concerning this Service cannot be repealed.
5. If the User who was minor at the time of consent of these Terms uses this Service after reaching the age of adult, the User is deemed to having agreed to all the legal terms concerning this Service.
4. CHANGES TO THE TERMS
1. The Company shall be able to change the contents of these Terms at any time without obtaining consent from Users and Members, and the User and the Member shall be deemed to have accepted the revised terms without objection.
2. When the Company makes changes to these Terms, the Company will notify the contents of the agreement to Users and Members by the method prescribed by the Company.
3. The effects of the changes of these Terms shall be in effect from the time the Company´s notification in accordance with the preceding paragraph.
4. Users and members will be deemed to have agreed without objection to the revised contract after using the Service after the changes of the Terms have been applied.
5. MEMBERSHIP REGISTRATION PROCEDURES
1. Users who wish to use this Service agree to these Terms and apply for membership registration in a prescribed manner.
2. Users who apply for membership registration, after the Company accepts the applications, will become Members from the time the ID registration is completed.
3. Please be forewarned that the Company will notify the Member of the contact matter, advertisement and other information by email.
4. If the Member falls under any one of the following items, the Company may not accept the application for membership at the discretion of the Company.
(1) If the Member applies for membership regardless of the method defined by the Company
(2) If the Member has been withdrawn due to violation of these Terms or other terms and conditions stipulated by the Company in the past
(3) When the Company determines that the Member is registering with illegal means
(4) If the Member has registered falsified information, acting as someone other than his/herself
(5) When the Company judges the application as inappropriate
6. ACCOUNT MANAGEMENT
1. With respect to Registration Information, Members will be responsible for the discretionary registering and managing the information. Members shall not use this information by third parties, nor lend, assign, transfer name, buy or sell, etc. the accounts.
2. When the use of this Service is made according to the Registration Information, the Company will handle the use as being used by the individual who performed the registration, and the result generated by the use and any responsibility accompanying it shall belong to the individual who performed the registration.
3. The Member shall indemnify such damages to the Company and the third party in case of damages to the Company or third party due to misuse of the Registration Information.
4. Management of registration information shall be performed by the Member under his/her own responsibility and the Company shall not be responsible for any disadvantage or damage suffered by the Member because the Registration Information was inaccurate or falsified.
5. In the event that the Registration Information is stolen or found to be used by a third party, the Member shall immediately notify the Company to that effect and follow the instructions from the Company.
7. WITHDRAWAL PROCEDURES
1. When the Member wishes to withdraw from membership, the Member should perform a withdrawal procedure according to the method prescribed by the Company.
2. If the Member falls under any one of the following items, the Company will forcibly withdraw from the judgment of the Company.
(1) When it is apparent that membership registration was carried out regardless of the method defined by the Company
(3) When the Company judges the Member and his/her actions as otherwise inappropriate
3. When a Member has obligations and/or liabilities to the Company, Members shall continue to bear these obligations and/or liabilities even after they withdraw from membership.
8. HANDLING OF PERSONAL INFORMATION, ETC.
9. PROHIBITED ACTIVITIES
When using this Service, the Company prohibits the following acts to Members. In the Company, if the Company acknowledges that the Member has acted in violation of any of the following, the Company will be able to take measures deemed necessary, such as suspension of use immediately, withdrawal from membership, etc. without notifying the Members in advance, and the Member shall agree without objection.
(1) Acts of infringing the Intellectual Property Rights of the Company or third parties
(2) Damage to the honor and credibility of the Company or third parties, or acts that unjustly discriminate or slander
(3) Acts of infringing the property of the Company or third parties, or acts that may infringe
(4) Acts that give economic damage to the Company or to third parties
(5) Threatening acts against the Company or third parties
(6) Computer viruses, specifications of harmful programs, or acts inducing it
(7) Acts of putting an excessive burden on the Service infrastructure facility
(8) Acts of attacking or causing damage to the Website servers, systems, and securities
(9) Attempt to access the Company´s Services by methods other than the Company´s interface
(10) Acts of a single Member acquiring a plurality of Member IDs
(11) In addition to the above, acts that the Company deem inappropriate
10. PAID CONTENTS
1. Members can purchase paid content by paying consideration. The amount of paid content, payment method and other matters will be separately determined by the Company and displayed on this Service or on the the Company´s Website.
2. The Company may change the price for paid content at the Company´s discretion.
3. Paid content is licensed only for the Registration Information of the Member that was registered by him/herself.
11. HANDLING OF CONTENTS
1. The Member shall be able to use the contents of this Service only within the scope defined by the Company.
2. The Company has rights relating to all contents provided by this Service, and the Company will notify the User of patent rights, utility model rights, design rights, trademark rights, copyrights and other Intellectual Property Rights owned by the Company, and what the User is not a licensed to use.
3. Users may not reproduce, transmit, lend, translate, adapt, reprint without permission, secondary use, use for moneymaking, alteration, disassemble, decompile, reverse engineer, etc. in any way beyond the scope of use defined by the Company. It is prohibited.
1. The Company is not under any liability to the Member for any damage caused by content change, suspension or termination of the Service.
2. The Company is not under any liable involvement in the use circumstance of the membership of this Service and assume no responsibilities to the Member.
3. The Company believes that this Service conforms to the specific purpose of the Member, that it has the expected function, product value, accuracy and usefulness, and that the use of the Service by the Member conforms to the laws applicable to the Members, internal regulations of industry associations, etc. The Company does not guarantee anything and that no trouble will occur.
4. The Company does not guarantee that this Service is compatible with all information terminals, and the Member acknowledges in advance that there is the possibility of malfunction of the operation of this Service due to version upgrade, etc., of the OS of the information terminal used for this Service. The Company does not guarantee that the problem will be resolved due to the modification of the program, etc., in case of such a malfunction.
6. The Company is not under any be liability to the Member for any damages directly or indirectly caused to Members due to the use of this Service.
7. Even if the Company is notified of the possibility of such damage in advance for any loss of opportunity that occurred to a Member or other third party, interruption of business, or any damage (including indirect damage or lost profit), the Company is not under any liability to the Member.
8. The provisions of paragraph 1 to the preceding paragraph shall not apply if there is intentional or gross negligence by the Company, or when the contract is applicable to consumer contract under the Consumer Contract Law.
9. Even in the case where the preceding paragraph is applied, the Company shall not be under any liability to the Member to compensate for damages arising from special circumstances among damages caused to Members by acts of negligence (excluding gross negligence).
10. The Company is not under any liability to the Member for any dispute or trouble between the Member and other Members. Even in the event of a problem between the Member and another Member, it shall be resolved at the responsibility of both parties and will not make any claims to the Company.
11. In connection with the use of this Service, if a Member gives damages to another Member, or in the event of a dispute with a third party, the Member shall compensate for such damage and/or resolve such disputes at his/her own expense and responsibility in such a way that shall not cause any inconvenience or damage to the Company.
12. In the event that the Company is requested for damages, etc. from a third party due to the action of the Member, the Company will settle this by the Members´ expenses (including attorney fees) and responsibility. In cases where the Company pays damages in regards to the third party, the Member shall pay all expenses (including attorneys´ fees and lost profits) including such damages to the Company.
13. In the event that the Member damages the Company in connection with the use of this Service, compensation shall be paid to the Company (including court costs and attorneys fee) at the cost and responsibility of the Member.
13. REGARDING PUBLICATIONS OF ADVERTISEMENT
The Member understands that there are cases where all advertisements are included on this Service, that the Company or its affiliated parties may post all advertisements, and the Member will be deemed to have accepted with no obligation. The form and scope of advertisements on this Service will be changed from time to time by the Company.
14. PROHIBITED TRANSFERRING OF RIGHTS
1. As long as there is no prior written consent of the Company, the Member shall not transfer to third parties all or parts of the position under the Terms and the rights based on these Terms, or obligations, or part thereof.
2. The Company may transfer all or parts of the Service to a third party at the discretion of the Company, in which case all rights of the Member of the Service shall be transferred, including the Member´s account within the scope of the transferred rights, to the third party.
15. POTENTIAL SEPARATION OF TERMS
Even if any Terms of this agreement or part thereof is determined to be invalid or unenforceable by the Consumer Contract Act or by other laws and/or regulations, the remaining Terms of this Agreement and some of the remaining part of the provision that is deemed invalid or unenforceable shall continue to be fully effective.
16. METHODS OF CONTACTING THE COMPANY
Contact and inquiries to the Company concerning this Service of the Member shall be done by this Service or by sending from the inquiry form set up at a suitable place in the Website operated by the Company or by a method separately specified by the Company.
17. GOVERNING LAW AND COURT OF JURISDICTION
1. The validity, interpretation and performance of these Terms shall be interpreted in accordance with Japanese law and in compliance with Japanese law.
2. With regard to discussion, litigation and any other disputes between the Company and the Member, the Tokyo Summary Court or the Tokyo District Court shall be the exclusive jurisdictional court in accordance to the charges.
These Terms shall be implemented from July 17, 2018.