KANPANI☆GIRLS RE:BLOOM
Terms of Use
Article 1 (Purpose)
- These Terms of Use (these “Terms”) will govern the use of of the blockchain game "KANPANI☆GIRLS RE:BLOOM” (the "Video Game") provided through Seamoon Portal (the "SMP Portal") as an SMP Application that will employ the functions of the platform "Seamoon Protocol" taking web3 technology (the “SMP App”) provided by DMM Crypto Co., Ltd. (the "Company").
- Upon using the Video Game, individuals who use this video game (the "Users") agree to these Terms (such agreement will form a legally binding contract between the Users and the Company (this “Agreement”) )and consent to the collection and processing of data as set forth in the privacy policy. If the Users will not agree to these Terms and Conditions or the privacy policy, the Users may not access or use the Video Game. In addition, when the Users use the Video Game via the SMP Portal, the SMP Portal (Seamoon Portal) Terms of Use will apply.
- In order to use the Video Game, the Users will, at their own expense, prepare a usage environment that is better than the environment recommended by the Company.
Article 2 (Definitions)
In these Terms, the words and phrases in the following items shall have the meanings specified in each item below:
- “SMP Account” means an account opened by the Users to use the SMP Portal, used to provide various services through the SMP Apps, and commonly used for the SMP Apps. Details of the SMP Account will be determined separately based on SMP Auth Terms of Use;
- "Game Data" means the Users' usage history of the Video Game, all information that occurs in the Video Game (including retained NFTs, In-Game Items, characters, Shine Stone, Premium Recruitment Envelope, acquired in-game currency such as Trade Medals, Shine Stone For Free, Common Recruitment Envelope, etc.) ;
- “Trade Medal” means in-game loyalty reward points that will be issued free of charge within the Video Game or will be given as rewards for the Users who play within the Video Game and clear certain conditions;
- “NFT” means, excluding In-Game Items, a non-fungible token generated and recorded on a blockchain, and in these Terms, a digital token that can be used in the Video Game or bought and sold in the Marketplace, such as NFT items, NFT characters, cosmetic NFTs, space NFTs, etc. Assets (Please note that details regarding NFT are subject to the separately established "NFT Terms of Use."). Depending on the specifications of the Video Game, it may not be issued or used within the Video Game;
- “Marketplace” means a marketplace that is a platform allowing transactions such as NFTs between the Users designated by the Company. Depending on the nature or specifications of the Video Game, or the release period of the Video Game, it may not be used in the Video Game.
- “SMP” means a crypto asset issued by the Company that can be used to purchase NFTs on the Video Game, buy and sell NFTs on the Marketplace etc. In the Video Game, crypto assets are exchanged at certain rates and conditions through Trade Medals issued or given to the Users and Crypto Asset Exchange Tickets. Depending on the offering period and specifications of the Video Game, it may not be used in the Video Game.
- “BTC” means the crypto asset “Bitcoin”. In the Video Game, crypto assets are exchanged at certain rates and conditions through Trade Medals issued or given to the Users and Crypto Asset Exchange Tickets.Depending on the offering period and specifications of the Video Game, it may not be used in the Video Game.
- “Crypto Assets” means a collective term for SMP, BTC, USDT, USDC,and other crypto assets under the Payment Services Act (including electronic payment instruments under the Payment Services Act, so-called “stablecoins”);
- “User-to-User Transactions” means a method of buying and selling NFTs through bilateral transactions between “the Users who are sellers” and “the Users who are buyers” on the Marketplace. Depending on the nature and specifications of the Video Game, it may not be used in the Video Game;
- “SMP Trade” means a function that allows the Users to check the number of Trade Medals held by the Users within the Users' SMP Account, and allows the Users to withdraw Trade Medals;
- “Crypto Asset Exchange Ticket” means a reward service that is converted from Trade Medal by the Users in advance when converting the Trade Medal acquired by the Users into Crypto Assets specified by the Company.;
- “Shine Stone” means in-game currency that the Users purchase according to the payment requirements and purchase procedures prescribed by the Company and can only be used within the Video Game. Shine Stone that are displayed as prepaid payment instruments in the "Legal Statement based on the Payment Services Act" separately determined by the Company will be treated as prepaid payment instruments as stipulated in Article 3 of the Payment Services Act;
- “Shine Stone For Free” means, apart from the Trade Medal, in-game reward points issued for free within the Video Game or granted for free as a reward when the Users play in the Video Game and clear certain conditions, and to be used when the Users’ purchasing the NFT, In-Game Items, etc.
- “Management of Assets” means (i) receiving, storing, displaying, and sending Crypto Assets, (ii) receiving, storing, displaying, and sending NFTs, and (iii) other related functions;
- "SMP Wallet" means the functions that the Users use for maintaining their private keys within the SMP Portal and SMP Apps on their own devices;
- “In-Game Items” means weapons, cards, skins, power-ups, apparel, equipment, badges, and other in-game virtual assets, goods, items, and effects that the Users may purchase or obtain within the Video Game, excluding NFTs;
- “Premium Recruitment Envelope” means in-game currency that the Users purchase according to the payment requirements and purchase procedures prescribed by the Company and can only use for turning the Gacha (which means a method of providing NFTs, In-Game Items, etc. that can be used in the Video Games with the method that uses chance to determine the type of in-game items etc. to be given to the Users, herein “Gacha”) in the Video Game. Premium Recruitment Envelopes that are displayed as prepaid payment instruments in the "Legal Statement based on the Payment Services Act" separately determined by the Company will be treated as prepaid payment instruments as stipulated in Article 3 of the Payment Services Act;
- “Common Recruitment Envelope” means, in-game reward points given for free as a reward under certain conditions in connection with that the Users purchase the Premium Recruitment Envelope in the Video Game, and to be used when the Users turn the Gacha.
Article 3 (Use of the Video Game)
In order for the Users to use the Video Game (including saving and continuing to use the Game Data of the Video Game), the SMP Account will be required to register.
Article 4 (Game Data)
- The Users may use the Game Data only within the scope of the purpose specified by the Company, and the Users may not use the Game Data for purposes other than those specified by the Company (including in a manner not specified by the Company and in any manner deemed to be unreasonable by the Company).
- The Users may not use Game Data beyond the scope that the Company deems to be reasonable, and may not transfer or allow a third party to use the Game Data.
- The Company may delete, move, or change the Users' Game Data (excluding the Users’ NFT) if any of the following reasons apply:
- If the Video Game title corresponding to the Game Data is no longer provided;
- If the operation of the Video Game title corresponding to the Game Data is transferred to a third party;
- If the Users violate these Terms etc. (including cases where the Company determines that the content or creation process of the Game Data violates these Terms etc.);
- If it is deemed necessary for technical reasons such as the Game Data exceeding the specified capacity; or
- In other cases deemed necessary by the Company.
- The Company has no obligation to the Users to change the Game Data.
- The Users can purchase or acquire In-Game Items or NFTs within the Video Game or through methods prescribed by the Company (including promotion campaigns outside of the Video Game, and pre-sales etc.).
Article 5 (Shine Stone)
- The Users can purchase the Shine Stone according to the payment requirements and Shine Stone’s purchase procedures prescribed by the Company.
- After confirming that Shine Stone’s purchase procedure is performed and the payment is successfully completed, the Company will transfer Shine Stone’s amount corresponding to the purchase amount to the Game Data on the Video Game’s server used at the time of Shine Stone’s purchase procedure.
- The Company will not refund Shine Stone once purchased by the Users, regardless of any reason. However, this does not apply if the refund is required by laws. Shine Stone can only be used on the SMP Account in which they will be acquired and on the Video Game. Also, the purchased or acquired Shine Stone cannot be inherited or combined between different SMP Accounts or between different platforms (e.g. between iOS and Android) . Please note that the expiration period of such Shine Stone is the period determined by the Company for each applicable Shine Stone (e.g. Shine Stone purchased on App Store: indefinite expiration period and Shine Stone purchased on Google Play and browser version: 150 days period), and the Users may not use Shine Stone after the expiration period.
- If minors, as the Users, complete Shine Stone’s purchase procedure, the Company will deem the consent of such minors’ legal representative appropriately obtained.
- If the Company determines that the Shine Stone’s purchase procedure has been carried out by minor’s Users, without the consent of their legal representative, the Company may delete, based on these Terms, such minor Users’ SMP Account status as well as the Game Data used in the purchase procedure.
- The upper limited amount of Shine Stone which can be purchased by minors shall be as follows:
- Up to 5,000 yen per month for those under 16 years old; and
- Up to 20,000 yen per month for those from 16 years old through 17 years old.
- NFTs, In-Game Items etc. purchased by Shine Stone shall be deemed to have provided the relevant products and services upon the acquisition of them, and they shall not fall under the category of prepaid payment instruments.
- Shine Stone owned by the Users shall be invalidated if any of the following apply:
- If the Users’ SMP Account is deleted;
- If the Users desire to end the Video Game in whole or in part;
- If the Game Data is deleted; or
- If the Users lose their SMP Account for any reason.
- The Users may not transfer, lend, buy or sell, etc. Shine Stone. However, a marketplace has been implemented within the Video Game that allows the transfer or assignment of Shine Stones between the Users on condition that the Users follow the certain prescribed conditions required by each platform where the Users use the Video Game, and if Shine Stone is transferred or assigned when buying or selling NFTs between such Users on the marketplace, the preceding sentence will not apply. In this case, the Users who transfer Shine Stone (the "Transferor") entrust the Company with the task of receiving the Shine Stone from the Users who will be entitled to receive the Shine Stone (the "Transferee"), and shall grant the right to receive Shine Stone on behalf of the Transferee. The Transferor shall pay the Shine Stone to the Company which has the right to receive the Shine Stone on Transferee’s behalf, before the Transferee receives the transfer of the Shine Stone. Furthermore, once the Transferor has paid the Shine Stone to the Company, the Transferor's obligation to pay for the NFTs shall be performed.
- The Company shall deduct the Shine Stones received from the Transferee on behalf of the Transferee pursuant to the preceding paragraph from the Transferee's usage fee and then send them to the Transferee's account. In order to receive the Shine Stone, the Transferee shall send the NFT to the Transferor by the method specified by the Company, and such Shine Stone shall be delivered to the Transferee by the method described in article 5.9 within 5 business days from the completion date of sending the NFT.
- The Company may not accept that the Users claim a refund and transfer to other game data, for the Crypto Assets, NFTs, In-Game Items etc. obtained by using Shine Stone.
- Regardless of any reason, the Company may not accept the transfer of Shine Stone held by the Users respectively on the game server to other game data.
- The Users can purchase Shine Stone on App Store for iOS, on Google Play for Android, or the payment system properly prepared for the browser version, and can purchase NFT, In-Game Items, etc. with the Shine Stones.
- The Users shall follow the payment methods and rules specified by each service provider of App Store, Google Play or browser version while purchasing the Shine Stone.
- The purchase of Shine Stones shall be settled between the Users and App Store, Google Play, or the payment system properly prepared for the Browser version. The Company will not be involved in any way and will not assume any responsibility for such purchase. In addition, transaction fees may be required for payments on the App Store, Google Play, or Browser version.
- Shine Stones in the Video Game can only be used within the Video Game and may not be used in other video games or services.
- Shine Stone may not be refunded or converted into cash in the Video Game for any reason.
- The Users shall not move Shine Stones from the platform (iOS, Android, Browser version, etc.) on which the Video Game is used, to other platforms.
- In addition to what is specified in article 5.18, regarding Shine Stone to be issued on the App Store, Google Play, or browser version, please read through each terms and conditions carefully.
- While the Users’ using the Video Game, if the Users may use third parties’ settlement service which will be the App Store, Google Play, or the payment system properly prepared for the browser version (the "3rd Party Services"), the Users shall comply with the terms of use and other terms of the 3rd Party Services in addition to these Terms.
- The Company will not assume any responsibility for any damage caused by the Users' use of 3rd Party Services while Users’ using the Video Game.
Article 6 (Premium Recruitment Envelope)
- The Users can purchase the Premium Recruitment Envelope according to the payment requirements and Premium Recruitment Envelope’s purchase procedures prescribed by the Company.
- After confirming that Premium Recruitment Envelope’s purchase procedure is performed and the payment is successfully completed, the Company will transfer Premium Recruitment Envelope’s amount corresponding to the purchase amount to the Game Data on the Video Game’s server used at the time of Premium Recruitment Envelope’s purchase procedure.
- The Company will not refund Premium Recruitment Envelope once purchased by the Users, regardless of any reason. However, this does not apply if the refund is required by laws. Premium Recruitment Envelope can only be used on the SMP Account in which they will be acquired and on the Video Game. Also, the purchased or acquired Premium Recruitment Envelopes cannot be inherited or combined between different SMP Accounts or between different platforms (e.g. between iOS and Android) . Please note that the expiration period of such Premium Recruitment Envelopes is the period determined by the Company for each applicable Premium Recruitment Envelopes (e.g. Premium Recruitment Envelopes purchased on App Store: indefinite expiration period, and Premium Recruitment Envelopes purchased on Google Play and the browser version: 150 days period), and the Users may not use Premium Recruitment Envelopes after the expiration period.
- If minors, as the Users, complete Premium Recruitment Envelope’s purchase procedure, the Company will deem the consent of such minors’ legal representative appropriately obtained.
- If the Company determines that the Premium Recruitment Envelope’s purchase procedure has been carried out by minor’s Users, without the consent of their legal representative, the Company may delete, based on these Terms, such minor Users’ SMP Account status as well as the Game Data used in the purchase procedure.
- The upper limited amount of Premium Recruitment Envelope which can be purchased by minors shall be as follows:
- Up to 5,000 yen per month for those under 16 years old; and
- Up to 20,000 yen per month for those from 16 years old through 17 years old.
- NFTs, In-Game Items etc. purchased by Premium Recruitment Envelope shall be deemed to have provided the relevant products and services upon the acquisition of them, and they shall not fall under the category of prepaid payment instruments.
- Premium Recruitment Envelope owned by the Users shall be invalidated if any of the following apply:
- If the Users’ SMP Account is deleted;
- If the Users desire to end the Video Game in whole or in part;
- If the Game Data is deleted; or
- If the Users lose their SMP Account for any reason.
- The Company may not accept that the Users claim a refund and transfer to other game data, for the Gacha turned by using Premium Recruitment Envelope.
- Regardless of any reason, the Company may not accept the transfer of Premium Recruitment Envelopes held by the Users respectively on the game server to other game data.
- The Users can purchase Premium Recruitment Envelopes on App Store for iOS, on Google Play for Android, or on the payment system properly prepared for the browser version, and can turn the Gacha with the Premium Recruitment Envelopes.
- The Users shall follow the payment methods and rules specified by each service provider of App Store, Google Play or browser version while purchasing the Premium Recruitment Envelope.
- The purchase of Premium Recruitment Envelopes shall be settled between the Users and App Store, Google Play, or the payment system properly prepared for the Browser version. The Company will not be involved in any way and will not assume any responsibility for such purchase. In addition, transaction fees may be required for payments on the App Store, Google Play, or Browser version.
- Premium Recruitment Envelopes in the Video Game can only be used within the Video Game and may not be used in other video games or services.
- Premium Recruitment Envelope may not be refunded or converted into cash in the Video Game for any reason.
- The Users shall not move Premium Recruitment Envelopes from the platform (iOS, Android, Browser version, etc.) on which the Video Game is used, to other platforms.
- In addition to what is specified in article 5.18, regarding Premium Recruitment Envelope to be issued on the App Store, Google Play, or browser version, please read through each terms and conditions carefully.
- While the Users’ using the Video Game, if the Users may use third parties’ settlement service which will be the App Store, Google Play, or the payment system properly prepared for the browser version (the "3rd Party Services"), the Users shall comply with the terms of use and other terms of the 3rd Party Services in addition to these Terms.
- The Company will not assume any responsibility for any damage caused by the Users' use of 3rd Party Services while Users’ using the Video Game.
Article 7 (Granting of Trade Medal)
- The Users will be granted Trade Medals free of charge, subject to restrictions and conditions established by the Company, such as in-game actions (login bonuses, battle/play rewards, etc.).
- As requirements set by the Company, the event such as competition or tournament may be held within the Video Game (the "Event"), and the Event period is divided into single or multiple round(s) (each round, the "Round") , the Crypto Assets etc. to be pooled for each Round will be set and made public, and by clearing the specific requirements on the Event, the Users will receive the Trade Medal issued for free in connection with the Event.
- Even if a third party other than the Users’ uses the Users' SMP Account and clears the specific conditions set forth in article 7.1, the Company will determine that the play was performed by the Users themselves and will give the reward of Trade Medal to such Users.
- Even if the Company delays or fails to grant the Trade Medal due to the Users’ negligence to apply for a change to the registered details of their SMP Account, or regardless of whether due to a defect in the registered information, the Company will not be liable for any disadvantage caused to the Users as a result of such situation, except for the Company’s willful misconduct or gross negligence.
Article 8 (Use of Trade Medal)
- The Users shall keep and manage Trade Medal on SMP Trade at their own responsibility and risk.
- The Users may exchange Trade Medals for the Crypto Assets of specified by the Company within the Trade Medal balance displayed in their SMP Trade according to the conditions specified by the Company (such as converting them to the Crypto Asset Exchange Tickets according to specified conditions), It can be used in whole or in part, such as exchanging Trade Medal for NFT or receiving separately specified services. In addition, if the Company determines an expiration period for Trade Medals or a usage period corresponding to the time of the Trade Medal’s acquisition by the Users during the provision period of the Video Game, and when the Users do not use it within the said period, the Trade Medal will expire.
- Trade Medal’s outstanding balance and usage balance will be recorded on the Company’s server along with the Users’ SMP Account. As long as the Users use the same SMP Account, they can use the Trade Medal related to that SMP Account.
- If the reward of Trade Medals pursuant to article 8.3 is not reflected correctly due to a malfunction in the program or system, the Company shall, at its discretion, adjust the quantity of Trade Medals and change the quantity to the correct quantity of Trade Medals. The Users shall manage Trade Medal at their own responsibility and risk.
- The Users may not lend, sell, gift, or otherwise transfer Trade Medal to a third party.
- After the Users replace Magatama with the Crypto Assets specified by the Company the Company will not accept refunds of Magatama from the Users.
- Regardless of any reason, the Company may not respond to the transition to other game data for the Trade Medal individually held by Users on the game server for other games.
Article 9 (Crypto Asset Exchange Ticket)
- The Users may enter any amount of Trade Medals awarded to the Rounds until the end of a specific Round of the event in the SMP Apps linked to the Trade Medal properly, and after the end of that Round, the pooled Crypto Assets shall be distributed to the Users according to the proportion of the amount of Trade Medals entered by the Users and granted as Crypto Assets Exchange Ticket.
- The Users shall use all Trade Medals awarded at the event to enter into the Round of the event, and any remaining Trade Medals of the Users which up to the final Round of the event will not be entered into will expire upon such deadline being reached.
Article 10 (Abolition/Extinction of Trade Medal)
- Regardless of any reason, if any of the following apply, the Trade Medal related to the SMP Account recorded on the Company’s server will be deleted:
- If the Users’ SMP Account is deleted;
- When terminating the Video Game in whole or in part;
- If the Game Data is deleted; or
- If the Users lose the SMP Account for any reason.
- The Users may not make any claim against the Company regarding the extinction of the Trade Medal, and the Company will not provide any compensation or assume any responsibility for the extinction of the Trade Medal. However, article 10.2 does not apply if the Trade Medal expires due to the Company’s willful misconduct or gross negligence.
Article 11 (Shine Stone For Free)
- The Company may provide the Users with Shine Stone For Free issued for free within the Video Game or granted for free as a reward when the Users play in the Video Game and clear certain conditions.
- Shine Stone For Free owned by the Users shall be invalidated if any of the following apply:
- If the Users’ SMP Account is deleted;
- When terminating the Video Game in whole or in part;
- If the Game Data is deleted; or
- If the Users lose the SMP Account for any reason.
- The Users shall not transfer, lend, buy or sell, etc. Shine Stone For Free to any third party. However, if the Company implements in Shine Stone For Free the same functions set forth in the proviso of article 5.9, and article 5.10 that Shine Stone has within the prescribed marketplace, the proviso of article 5.9, and article 5.10 shall apply to Shine Stone For Free mutatis mutandis.
- The Company may not accept that the Users claim a refund and transfer to other game data, for the Crypto Assets, NFTs, In-Game Items etc. obtained by using Shine Stone For Free.
- Regardless of any reason, the Company may not accept the transfer of Shine Stone For Free held by the Users respectively on the game server to other game data.
Article 12 (Common Recruitment Envelope)
- The Company may provide the Users with Common Recruitment Envelope granted for free as a reward in connection with that the Users buy Premium Recruitment Envelope in the Video Game.
- Common Recruitment Envelope owned by the Users shall be invalidated if any of the following apply:
- If the Users’ SMP Account is deleted;
- When terminating the Video Game in whole or in part;
- If the Game Data is deleted; or
- If the Users lose the SMP Account for any reason.
- The Users shall not transfer, lend, buy or sell, etc. Common Recruitment Envelope to any third party.
- The Company may not accept that the Users claim a refund and transfer to other game data, for the Gacha turned by using Common Recruitment Envelope.
- Regardless of any reason, the Company may not accept the transfer of Common Recruitment Envelopes held by the Users respectively on the game server to other game data.
Article 13 (Use of SMP)
- The Users may use SMP to receive NFTs, In-Game Items, etc. or particular services (collectively the "SMP Services") within the limits of their balances by using SMP according to the method specified by the Company.
- If the Users receive the SMP Services, the SMP used to receive the SMP Services shall be deducted from the Users’ Management of Assets. However, the Users may withdraw SMP from external 3rd party’s services such as MetaMask wallet apps connected to the Users. In this case, the Company shall not assume any responsibility for any external services.
- The Users’ SMP balance will be recorded on the SMP Wallet along with the Users’ SMP Account (Please note that if the Users uses a crypto asset wallet provided by a third party such as MetaMask, the data will be recorded in such third party’s crypto asset wallet, but the Company will not take any responsibility for such such third party’s crypto asset wallet). As long as the Users use the same SMP Account, the Users can use SMP in Management of Assets connected with such SMP Account.
- The Users shall manage SMP at their own responsibility.
- The Company will not cancel or withdraw the use of SMP, nor will exchange SMP for cash or other virtual currency, regardless of any reason.
- The Users may not lend, buy, sell, gift, or otherwise transfer SMP to third parties in the Video Game.
- If the Company imposes certain restrictions on the use of SMP, the Users shall use SMP within the scope of such restrictions.
- Depending on the nature and specifications of the Video Game, this article 13 may not apply.
Article 14 (Risk)
The Users acknowledge and agree that there are risks listed in the following items regarding the Crypto Assets, Trade Medal, and NFTs that they own (collectively, the "Crypto Assets etc."):
- The evaluation and price of NFTs on the Marketplace are highly unstable and may change substantially due to fluctuations in the price of NFTs;
- The value of the Crypto Assets etc. may be adversely affected by various market factors, and there is no guarantee of the value or price of them;
- The value and price of the Crypto Assets etc. may decrease due to factors such as their evaluation in the market, blockchain malfunctions, etc.;
- The conditions for converting the Trade Medal held by the Users into the Crypto Assets specified by the Company through a Crypto Asset Exchange Ticket are determined by the Company as appropriate, and depend on the quantity of Crypto Asset Exchange Ticket granted based on the number of participants of other Users in the event in which the Users participate.
Article 15 (Fees)
- Use of the Video Game is provided free of charge to the Users unless otherwise specified. Depending on the nature or specifications of the Video Game, if there are NFTs, characters, items, etc. that the Users can use in the Video Game, the Users can purchase the NFTs by Crypto Assets specified by the Company Shine Stone, Shine Stone For Free, or payment methods provided by third parties’ payment agency (credit card payment etc.) In this case, the handling fees related to the payments shall be borne by the Users. The Users can play the Video Game without using these paid NFTs, In-Game Items, etc.
- The Company may change usage fees for the items listed in article 15.1 at its discretion without the consent of the Users.
- The Users acknowledge and agree that the Company will not be responsible for any on-line connection between the Video Game and any hardware, software, communications, etc. The Users acknowledge and agree that they will be responsible for any on-line communication equipment, communication fees, etc. necessary for the use of the Video Game.
Article 16 (Attribution of rights)
- All intellectual property rights in the Video Game (including all source code, databases, functionality, software, website design, audio, video, text, photographs, and graphics) and trademarks, service marks and logos contained here (collectively the "Marks") are owned, controlled, or licensed by the Company. The Users shall have no intellectual property rights in or to the Video Game, except for the right to use the Video Game in accordance with these Terms.
- The Users may copy, transfer, lend, translate, modify, or otherwise copy, transfer, lend, translate, modify, etc. images, videos, sounds, logos, text, programs, and other content related to the Video Game and the website that provides the Video Game, without using a method separately specified by the Company. It may not be used in any manner, including reproduction, reuse, or licensing to a third party.
- The rights related to NFT shall be followed with the NFT Terms of Use.
Article 17 (Personal Information)
- The Company shall store personal information obtained from the Users in connection with the provision of the SMP Portal in accordance with the Company's Privacy Policy (SMP Privacy Policy (URL:https://seamoon.dmm.com/privacy/)), and will make efforts to appropriately protect and manage the personal information.
- The Users shall not use personal information obtained through false or other illegal means on the SMP Portal.
Article 18 (Prohibited Matters)
The Company prohibits the Users from doing the following in connection with the use of the Video Game:
- Performing any act that interferes with the operation of the Video Game or the business of the Company, such as making excessive inquiries, slander, threats, or making unreasonable demands to the Company;
- By slandering, threatening, making unreasonable demands, etc. against other Users, or by engaging in sexual, discriminatory, antisocial, or other offensive acts or statements, the Users may feel insecure or To cause discomfort;
- Acts of pretending to be a person related to the Company, other Users, another third party, or a fictitious person;
- Damage the honor or trust of a third party, such as by slandering the third party;
- Advertisements, commercial transactions, exchange of goods, religious activities, solicitation, etc. unrelated to the Video Game;
- Criminal acts, torts, and other acts that violate domestic and international laws and regulations (including acts that unfairly harm the rights of third parties);
- Acts that adversely affect or hinder the healthy upbringing of minors;
- Acts based on discrimination or prejudice regarding religion, race, gender, ethnicity, human rights, etc;
- Acts that recommend illegal or harmful activities or substances or provide reference information;
- Acts of transmitting information related to obscenity, assault, crime, child pornography, or child abuse, or distributing media containing such information;
- Acts of soliciting or providing information regarding suicide or self-harm;
- Encourage illegal or harmful activities or substances or provide reference information;
- Acts that violate public order and morals;
- Acts of collecting, storing, disclosing, etc. personal information of other Users and other third parties;
- Use the SMP Portal to collect the names and email addresses of third parties, whether or not by electromagnetic means, and send them emails, to create accounts by mechanical means, or to create false accounts. , Act of using for purposes other than the original purpose;
- Acts of letting a third party use or disposing of all or part of the SMP Account and game data by lending, exchanging, transferring, changing name, buying and selling, pledging, collateralizing, or other methods;
- Act of holding multiple SMP Accounts. However, this does not apply if the Users have obtained prior permission from the Company;
- Acts of using the Video Game for the purpose of abusing or interfering with the Company’s network or services;
- Acts that circumvent, disable, or otherwise interfere with or attempt to interfere with technical measures or security-related functions implemented by the Company (including functions that prevent or restrict the use or copying of information and data); Actions that impose restrictions on the use of the Video Games and data included in the Video Games;
- Systematically retrieving data and other content from the Video Game without written permission from the Company (including compiling, creating a database, and creating a directory, directly or indirectly);
- Use of data mining, scraping, robots, or similar data gathering or extraction methods;
- Interference with the uninterrupted use of the Video Game by uploading or transmitting (or attempting to upload or transmit) viruses, Trojan horses, malware, corrupted data, or other harmful files; or any act that alters, impedes, destroys, or alters or interferes with the use, features, functions, operation, or maintenance of the Video Game;
- Acts of developing or using applications or software that are not intended for the Company to operate the Video Games;
- Analysis of the Video Game by decompiling, disassembling, reverse engineering, etc.
- Creating data or executable programs that imitate in-game data or functions;
- Acts of redistributing, reselling, lending, or resale by duplicating all or part of the Video Game;
- Acts (including omissions) of preparing, abetting, aiding, supporting, encouraging, or promoting the acts specified above;
- Other acts that violate the provisions of these Terms and Conditions, etc. or laws and regulations;
- Acts that are deemed to be similar to or likely to conflict with the acts specified above; and
- Other acts that the Company deems inappropriate.
Article 19 (Changes, suspension, and termination of the Video Game)
- The Company has the right, in its sole discretion, to modify, suspend or discontinue, temporarily or permanently, the SMP Portal (or any part thereof) at any time, for any reason, with or without notice to the Users. will be reserved. The Users agree that the Company has no responsibility to the Users for changes to the SMP Portal and that the Company has no obligation to update any information on the SMP Portal.
- The Company may periodically or irregularly conduct maintenance and maintenance in the event of a malfunction of equipment, equipment, software, hardware, etc. or if maintenance regarding the SMP Portal is required.
- The Users understand that the Company will not be liable for any loss, damage, or inconvenience caused by the Users' inability to access or use the SMP Portal during suspension or suspension of the SMP Portal, the Users agree to this. The Company shall notify the Users in advance in a manner deemed appropriate by the Company, unless the suspension or termination is due to an emergency or unforeseen circumstances for which the Company is not responsible.
Article 20 (Taxes and Fees)
The Users shall be liable for any type of exchange fees, third party fees, sales, usage, value added, personal property or other charges, taxes or customs duties (including interest and penalties thereon, whether or not imposed by current or future government fees) imposed by various jurisdictions in connection with the SMP Portal or by reason of the use of the SMP Portal.
Article 21 (Disclaimer of Warranty)
- The Video Game is provided on an as-is basis, and the Users shall use the Video Game at their own risk. To the extent permitted by law, the Company will not make any and all, express or implied warranties regarding the Video Game and the use of the Video Game, including the implied warranties of merchantability, fitness for a particular purpose, and the following items:
- Stable operation of the Video Game;
- Completeness and authenticity of the Video Game;
- The Video Game is available for use on specific devices;
- There are no bugs or other defects in the Video Game;
- There will be no problems with specific devices when using the Video Game;
- Completeness, accuracy, usefulness, etc. of all information obtained by the Users in connection with the content of the Video Game and the use of the Video Game;
- Game data for the Video Game will be completely retained; and
- The Video Game does not infringe on any third party's intellectual property rights or any other rights.
- The Company will not be responsible for the blockchain network on which the Video Game is deployed or the SMP Wallet held by the Users.
- The Users will retain the titles over their own NFTs. The Company has no access to the Users' private keys, however just will be responsible for allowing the Users to access their own NFTs and Crypto Assets.
Article 22 (Damages)
If the Users cause damage to the Company due to (A) use of the SMP Portal or the Video Game, (B) violation of these Terms, or (C) any other cause attributable to the Users, the Users shall be responsible for all damages to the Company, and shall defend, indemnify, and hold the Company harmless from any claims made against the Company by third parties.
Article 23 (Limitation of Liability)
- The Company shall not be liable for any damages (indirect damages, derivative damages, consequential damages, punitive damages, statutory damages, or special damages) incurred by the Users, excluding direct damages caused by intentional or gross negligence on the part of the Company. loss of profits, decrease in sales, loss or falsification of data, loss or discontinuation of Trade Medal, or any other cause of compensation (regardless of whether it is based on contract law, tort, disclaimer of liability, or breach of warranty). The Company will not take any responsibility. This is regardless of whether the Company has been advised of this possibility in advance.
- Regarding the SMP Portal and the Game, the Company does not guarantee (1) the accuracy of the content, (2) users' access to the Game, (3) the server environment, (4) personal information or personal property. Unauthorized access to information and related unauthorized use, (5) communication failure of the Video Game or similar events, (6) viruses or cyber-attacks, (7) errors related to content and accompanying content, and (8) the Company will not guarantee any other reasons that cannot be attributed to the Company based on social conventions, and the Company will not guarantee any damages (including, but not limited to, damages caused to users) caused by such reasons. The Company will not assume any responsibility.
Article 24 (Changes to these Terms)
The Company reserves the right to change, modify, add or remove portions of these Terms at any time. If the Company changes, modifies, adds or deletes these Terms, the Company may notify through the SMP portal, the official website of the Video Game, within the Video Game, or by any other method specified by the Company. The revised Terms shall become effective immediately unless otherwise specified in the notice. By continuing to access and use the SMP Portal after notification, the Users will be deemed to have agreed to the revised Terms. If the Users do not agree to the revised Terms, the Users must immediately stop accessing or using the SMP Portal.
Article 25 (Governing law and Dispute Resolution)
These terms set forth in these Terms shall be interpreted in accordance with the laws of Japan. Any dispute, action, claim or cause of action arising out of or in connection with this Agreement, these Terms or the Video Game or their subject matter, formation, any question of their existence, validity or termination including without limitation non-contractual disputes or claims (collectively, the “Disputes”) shall be exclusively submitted to the International Chamber of Commerce (the “ICC”), and finally in accordance with the Arbitration Rules of the ICC (the “ICC Rules”), as amended or amended from time to time. The Disputes shall be resolved by a single arbitrator appointed by mutual agreement (the "Arbitrator"). If the Users and the Company cannot agree on an Arbitrator, the Arbitrator shall be appointed by the ICC President in accordance with the ICC Rules. The venue and place of arbitration shall be Tokyo, the language of arbitration shall be English, and the Arbitrator's fees shall be borne equally by the Users and the Company. However, the Arbitrator may seek to obtain such costs in any other manner the arbitrator deems necessary for this arbitration provision to be enforceable under applicable laws.
The Disputes shall be brought in the Users‘ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The Users hereby agree that for any Disputes, the Users waive any right to a trial (by judge or jury), the Users waive any right to participate as a member of a class in a class action or similar proceeding.
Article 26 (General provisions)
- Unless otherwise provided in these Terms, the provisions of these Terms and the Company’s rights and remedies under these Terms are cumulative and without prejudice to any rights or remedies that the Company may have at law. It's something that will be added. In addition, the Company’s exercise of any right or remedy under these Terms or any legal right or remedy (except as expressly provided in these Terms or any legal right or remedy) may be subject to the Company's other legal rights or remedies. shall not operate to prevent or prevent the exercise of any right or remedy.
- The Company’s failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
- If any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall be enforced to the fullest extent under the law. This also applies without limitation to the governing law and jurisdiction stipulated in these Terms.
- The Company will seek immediate injunctive relief if a breach or default is such that a temporary injunction or other immediate injunctive relief is the only appropriate or sufficient remedy. shall be able to seek relief.
- Any typographical errors or omissions in receipts, invoices, or other documents made by the Company will be corrected without any liability on the part of the Company.
- These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, communications and agreements, whether oral or written, between the parties with respect to such subject matter. It will be complete.
- The Company may transfer some or all of its rights and obligations to a third party at any time.
- No joint venture, partnership, employment, or agency relationship exists between the Users and the Company or any third party as a result of these Terms or use of the SMP Portal.
- The Company reserves the right, in whole or in part, for any failure to perform its obligations under these Terms (or any part thereof), errors, interruptions, delays, or inaccuracies, unreliability or non-conformity of the contents of the SMP Portal. The Company shall not be responsible for any event or failure that is beyond the Company’s reasonable control.
- The Users agree that the Company has the right to immediately terminate this Agreement if the Users is found to have violated any of the provisions set forth in this Agreement. Furthermore, upon termination of these Terms, there will be no need for the Company to compensate, reimburse, or bear any costs incurred by the User as a result of accessing the Marketplace or using the Service.
Article 27 (NFT reference)
- The Users can refer to NFTs obtained in the Video Game and purchased through user-to-user transactions from other Users on the marketplace on the Management of Asset by the prescribed methods. Please note that the Users may send and store the NFTs in crypto asset wallets provided by third parties such as MetaMask, however the Company assumes no responsibility for any cases on such third parties crypto wallets.
- Detailed conditions etc. for purchasing and selling the NFTs will be subject to the Marketplace Terms of Use determined separately.
Effective as of September 1, 2024
Last updated: December 1, 2024
DMM Crypto Co., Ltd.