In the event of a conflict between these Terms and any Additional Terms, the Additional Terms shall prevail. However, this shall not apply if the Additional Terms expressly state that these Terms shall take precedence.
Chapter 1 (General rules)
Article 1 (Application)
- In the event that the contents of these Terms differ from the explanations regarding this Service from us other than these Terms, the provisions of these Terms shall take precedence and apply unless otherwise agreed between Users and us.
- If there are provisions in these Terms that do not apply to Users at the time, our provisions for the use of the Service, those provisions will apply from the time they become applicable in the future.
- The rules, regulations, etc. regarding the Service posted by us from time to time on our website (meaning items stipulated in Article 2, Item 6) constitute a part of the Terms.
Article 2 (Definitions)
The following terms used in these Terms have the meanings set forth below.
- the “Terms” means as defined in the Preamble.
- " double jump.tokyo ", we“, “our” or “us“ means as defined above.
- the "Services" means those defined in the preceding sentence and the details of which are specified separately by double jump.tokyo.
- "Users", "User" means as defined above.
- “Developers” means those who develop so-called NFTs (hereinafter referred to as the “NFTs”), which are digital content tokens, on the Service and provide them to Users.
- "Our Website" means the website operated by double jump.tokyo. to provide the Service (if the domain or content has been changed, including the website after such change).
- “User Data” means information of the Users provided by the Users to double jump.tokyo or the Developers through the use of the Service.
- “Intellectual property rights” means copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (Including the right to acquire those rights or apply for registration, etc. for those rights).
- “Intellectual property rights, etc.” means those defined in Article 16, Paragraph 1.
- "Contents" means those defined in Article 16, Paragraph 2.
- "Anti-social forces" refers to organized crime groups, gang members, persons who have not been a member of organized crime groups for less than five years, quasi-members of organized crime groups, companies related to organized crime groups, corporate racketeers, etc. Intellectual violent groups, others equivalent to these, international criminal organizations, terrorists, or lists of persons subject to sanctions (United Nations Security Council, United States Government (United States Department of Commerce entity list, etc.), the European Union or its member states, or any other list maintained by a governmental authority).
- "Confidential information" means all information related to our technology, sales, business, finance, organization, and other matters (including matters related to this service) that are disclosed to uses by us orally, in writing, or in other recording media, etc.) However, (1) information that was already publicly known at the time of disclosure, (2) information that became publicly known after disclosure due to reasons not attributable to Users, and (3) lawfully obtained from an authorized third party without being obligated to maintain confidentiality. (4) Information developed independently without relying on confidential information shall be excluded from Confidential information.
- “Business Transfer” means as defined in Article 21, Paragraph 2.
Chapter 2 (Provision of the Service, etc.)
Article 3 (Precautions regarding the provision of the Services)
For using the Services, Users understand and agree to the matters set forth in the following items.
- Users use the Services at their own risk.
- Services are provided using a blockchain, and tokens and blockchains related to the Services may be subject to inquiries from regulatory authorities and regulatory measures, it may impede or restrict the continuation of the provision of the Services also, may impede or restrict Users to use the Services and blockchains that is the foundation of the Services.
- We are not responsible for or obligated to the management of the status of use of the Service by the User and take any measures for the impact of the use of the Services by the Users,
- We shall not be responsible for the User's acquisition or non-acquisition of any content through the Services.
- We do not make any representations or warranties regarding the NFTs provided on the Services and other content available through the Services, and the accuracy of information related to the NFTs provided on the Services or other content available through the Services. We do not take any responsibility for the legality of copyright law, personal information protection law, other laws, and regulations.
- We do not guarantee that the provision of the Services will be uninterrupted, will be provided in a timely manner, or that access to the Services will be secure.
- The Services may (a) contain bugs, errors, or defects; (b) may be subject to improper operation, downtime or periods of unavailability; (c) may loss of data in whole or in part; (d) may be changed with or without notice to Users at any time, including the release of subsequent versions;
- We are not responsible for transferring, protecting, or maintaining the User's private key or related tokens.
- If the User loses the private key of the wallet, the User may not be able to retrieve the associated tokens and We are not responsible for such loss.
- The blockchain technology that constitutes the Services is underdeveloped, and technological progress such as the progress of cryptanalysis and the development of quantum computers poses risks to the provision of the Services and the theft of User tokens and property. It may lead to the suspension of the provision of the Services due to loss, unforeseen malfunction, etc.
- We intend to update the underlying protocol of the Services to incorporate additional security measures in consideration of the progress of blockchain technology as much as possible, but this does not guarantee the complete security of the system. Use of the Services may pose security risks to Users.
- the User is responsible for evaluating the reliability of any code you use through the Services and any third-party websites, products, smart contracts, or other content you access or use through the Services. In addition, blockchain applications may be created maliciously or negligently, we are not responsible for the interaction of the Services with other blockchain applications, and other blockchain applications may cause damage to Users.
- The contents of each of the above items do not indicate to the User all risks of using the Services. In addition, we do not assume any obligation to prove or indicate to Users any risks associated with using the Services.
Article 4 (Suspension, termination, etc. of the Services)
1. We may suspend the provision of the Services in whole or in part at any time without prior notice to Users if any of the following items apply.
- When performing system maintenance or repair.
- When the services are not able to be provided due to force majeure accidents such as fires and power outages, natural disasters, wars, riots, civil strife, acts of terrorism, labor disputes, serious illnesses, etc.
- In the event of system failure (including communication lines, means of communication, and other computers), or in the event of concentrated load on the system.
- When it is determined that the services are not able to be operated due to sudden changes in the legal currency or crypto asset market, in accordance with the standards separately established by us.
- To ensure the safety of Users or third parties, or in cases of urgency for the public interest;
- In addition to the above, when we reasonably determine that it is necessary.
2. We may, at its convenience, terminate the provision of all or part of the Services, or add or change the content of the Services after notifying Users in advance. However, if the content of the termination, addition, or change of part of the provision of the services is not significant, these can be implemented without notice.
Article 5 (Discontinuance of use of the Services, etc.)
- If the User falls under any of the following items, we may, without prior notice
or demand, delete the User data stored by the User on the services, and discontinue using the services temporary or permanent suspension can be made.
- Violation of any provision of these Terms.
- When there is no response to inquiries or other communications request an answer from us for 14 days or more.
- When subject to seizure, provisional seizure, provisional disposition, tax delinquency disposition, or any other disposition by the public authority of each country.
- Suspension of payments or insolvency, or when there is a petition for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings in each country.
- Dissolution, transfer of all business, or resolutions to do so.
- In case of suspension of business or revocation of business license or business registration from the regulatory authority of each country.
- When subject to economic sanctions from the government of each country.
- In addition, when we determine that it is inappropriate for the User to continue using the Services.
- If any of the items in the preceding items apply, the User will naturally lose the benefit of time for all debts owed to us, and must immediately pay all debts to us.
- We shall not be held responsible for any damages incurred with the User due to actions taken by us under this Article.
Article (6 Updates)
- When an update of the Services is provided by us, the provisions of these Terms shall also apply to the provision of the Services after the such update. Note that if a separate license is granted for such updates, the terms of such license may apply.
- The User acknowledges that the contents of the services may be changed due to the update based on the preceding paragraph.
Chapter 3 (User Rights and Obligations)
Article 7 (Information registration on the Services)
For using the services, Users must provide truthful, accurate, and up-to-date information when requested to provide User data through membership registration on the Services or other methods.
Article 8 (Burden of Equipment Expenses, etc.)
- The preparation and maintenance of smartphones, computers, software, communication lines, and other communication environments necessary for using the services must be performed at the User's expense and responsibility.
- When connecting tokens and wallets for the use of the services, the User must prepare tokens and wallets that are compatible with the services by themselves, and bear the costs incurred in maintaining and using them. In addition, Users must comply with the terms of service, etc. regarding the use of tokens and wallets.
- Depending on the usage environment of the services, the User has to take measures against inadequately managing User data, making mistakes in use, use by third parties, third parties for computers, software, communication lines, other communication environments, and unauthorized access (including but not limited to malware, spyware, viruses, hacking, cracking, etc.), information leakage, etc. by your own expense and responsibility.
- When installing software or downloading data in connection with the use of the Services, the User shall be responsible for preventing the disappearance, alteration of the information held by the User, failure, or damage of the equipment. We shall not be liable for any damage caused to the User due to these. However, this does not apply if there is intentional or gross negligence on our part.
Article 9 (Representations and Warranties, etc.)
1. When using the Services, the User represents and warrants that each of the following items is true and accurate.
- The User understands the risks of the Service itself, the risks caused by the Services interacting with other content or other platforms in some way, and the inherent risks of blockchain systems Also understand the usage, and intricacies of smart contract-based tokens, blockchain-based software systems, such as tokens based on the Ethereum token standard.
- If the User is a legal entity, it must be legally established under the laws and regulations of the country in which the User is located, remain in effect, and have not experienced a situation that has a significant adverse effect on its financial position.
- the User has sufficient ability to comply with the conditions, obligations, covenants, representations, and warranties set forth in these Terms.
- Agreeing to and complying with these Terms does not violate the laws and regulations of the User's country of residence or any other contract to which the User is bound.
- the User has the authority to agree to these Terms and to become subject to the rights and obligations of these Terms without the consent or approval of any government, regulatory authority, or other third parties.
- The User surely complies with all applicable jurisdictional laws, including Japanese law (including, but not limited to, all intellectual property rights, data protection, and privacy laws) at their own expense.
- User has not relied on our legal advice regarding compliance with applicable laws.
- The User and the User's counterparty financial institutions or the major shareholders or controlling parties of the User or the User's counterparty financial institutions are (a) not subject to sanctions, are prohibited from trading, or are subject to sanctions list (United Nations Including lists maintained by the Security Council, the U.S. Government (such as the U.S. Treasury Department's Specially Designated Nationals List and Foreign Sanctions Avoiders List and the U.S. Department of Commerce Entity List), the European Union or its member states, and other governmental authorities. (b) the person does not reside in. any country to which the United States has applied embargoes or other sanctions on goods.
2. User pledges to comply with the following items when using the Services.
- Do not use the Services for purposes other than those permitted by us.
- Do not conduct transactions with persons who are designated by the User's country of residence as whose transactions are prohibited.
- Do not trade with persons located in countries or regions where transactions are prohibited by the country where the User is located.
- Information (such as sentences, images, videos (videos), etc.). posted or edited by Users through the services must be the User owns the necessary intellectual property rights such as copyrights or has obtained the permission of the necessary right holder.
- To comply with the laws and regulations of the User's country of residence.
- Cooperate with us when we request information for legal compliance.
- Do not post or edit content that violates public order and morals through the Services.
- Do not act that adversely affects the services, and immediately report to us in the event of an adverse effect occurring.
- In the event that unforeseen circumstances adversely affect the operation of the Services, we may request Users to provide information in order to investigate the cause and take appropriate action, and Users shall comply with this request.
- To keep all information related to the Services provided by Users to us or the Developers up-to-date, true and accurate.
- User is responsible for liabilities and losses about all expenses incurred in connection with the use of the Services and other provided services (network usage fees, server peripheral equipment, Internet expenses, and other hardware, software, and service expenses related to User's use including, but not limited to).
Article 10 (Prohibited Acts).
When using this service, Users must not engage in any of the following acts.
- Acts in violation of laws and regulations applicable to our company or Users, or acts related to criminal.
- Fraud or threats against our company or other third parties.
- Acts contrary to public order and morals.
- Acts that infringe on intellectual property rights, portrait rights, privacy rights, honor, or other rights or interests of our company, other Users, or other third parties.
- Acts of transmitting information that we determine the information to be falls under any of the following to other Users or other third parties through the Services.
- Information containing excessively violent or cruel expressions.
- Information that includes expressions of defaming the reputation or credibility of our company, other Users, or other third parties.
- Information containing excessively obscene expressions.
- Information containing expressions that promote discrimination.
- Information that includes expressions that encourage suicide or self-harm.
- Information that includes expressions that encourage the inappropriate use of drugs.
- Information containing anti-social expressions.
- Information requesting the spread of information to third parties such as chain mail.
- Information that contains expressions that make others feel uncomfortable.
- Acts that impose an excessive burden on the network or system of the services.
- Acts that may interfere with the operation of the services.
- Acts of illegally accessing or attempting to illegally access our network or systems, etc.
- Any reverse engineering act for analyzing our software, such as decompiling or disassembling.
- Acts of pretending to be a third party.
- Acts of using other Users' information.
- Collecting other User information about the services.
- Advertisement, solicitation, or other business activities on the Services without our prior consent.
- Acts that directly or indirectly cause or facilitate the acts of the preceding items.
- Other acts that we deem inappropriate.
the Service separately established by the Developers.
Article 12 （User's liability for damages, etc.）
- If User makes our company or third parties incurs damages in connection with the use of the services, User shall be liable for all damages (including reasonable attorney fees, lost profits, indirect damages, special damages, etc.), and compensation.
- In the event that third parties make a claim, demand, or asserts any other
- rights due to the User's actions related to the use of the Services, the User shall resolve these at the User's expense, and the User must take necessary measures to avoid being subject to claims of rights to us.
- If our company receives any claim from third parties due to the User's actions, we may request the User's cooperation in resolving the dispute, and we can ask the User for compensation for any loss caused by the claim.
- If a dispute arises between the User and a third party regarding the use of the services, the User shall provide sufficient information to us and fully consider our proposals and requests for resolving the dispute.
Chapter 4 (Our Responsibilities)
Article 13 (Denial of Warranties and disclaimer)
- We shall provide the Services as is and do not make any guarantees including suitability for a particular purpose, usefulness, completeness, continuity, etc. without consideration to whether express or implied. In addition, although we strive to ensure the accuracy of the information we provide, we do not guarantee the accuracy, completeness, validity, immediacy, or timeliness of the information.
- If there are any defects or inaccuracies of information in the services, we are not obligated to correct them.
- We shall not be obligated to restore the information used by the User on the Services, even if it is lost due to the failure of our equipment etc.
Article 14 (Our liability for damages, etc.)
- We shall be liable to the User to the extent stipulated in these Terms and shall not be liable for any damages suffered by other Users. However, this does not apply if there is intentional or gross negligence on our part.
- Even if our company is liable for damages to the User, we are not responsible for compensation for damages related to loss of business opportunities, lost profits, indirect damages such as loss or damage of data, special damages, consequential damages, and incidental damages within the scope permitted by law.
Chapter 5 Miscellaneous
Article 15 （Consignment）
We may outsource all or part of the work related to the provision of the Services to third parties without the User's consent. In that case, we will appropriately manage the subcontractor.
Article 16 (Ownership of intellectual property rights)
- Intellectual property rights and any other property rights (hereinafter referred to as " Intellectual property ), such as tangible and intangible components that make up the services (including software programs, databases, icons, images, texts, manuals, and other related documents, etc.) is belong to double jump.tokyo or a person who has granted a license to us, and the act of allowing Users to use the services by us does not mean the transfer or licensing of intellectual property rights, etc. to Users (excluding those stipulated in the Terms).
- The User may retain the rights of contents that the User post or edit text, images, or videos (movies) and other content through the services (hereinafter referred to as "this content") as before, but we may freely use the Content within the scope of the purpose of providing the Services. The User shall not exercise the author's moral rights regarding the use of this content by us.
- the** Users can use these NFTs within the scope specified in the Terms and in the "Additional Terms, Guidelines " separately established.
Article 17 (Elimination of Antisocial Forces)
The User and our company declare and promise to the other parties that they, their officers, or their employees do not fall under the category of anti-social forces and that they do not fall under any of the following items and will continue to do so in the future.
- Having a relationship in which an anti-social force controls management or is deemed to be substantially involved in the management.
- Having a relationship recognized as using anti-social forces
- Having any relationship with anti-social forces, such as providing funds, etc., or providing convenience.
- An officer or a person who is substantially involved in management has a socially reprehensible relationship with an anti-social force
Article 18 (Confidentiality)
- The User must use confidential information only for the purpose of using the services, and must not provide, disclose or leak it to a third party without our prior written consent.
- Whenever requested by us, the User shall follow our instructions without delay, and return or discard confidential information, documents, or other recording media containing or containing confidential information, and all copies thereof.
Article 19 (Handling of personal information, etc.)
- We may analyze the usage of the Services by Users for the purpose of statistical research and publicly announce the statistical results. In this case, it is done in a way that does not identify individual users.
- We may obtain usage information of the Services from the User or ask the User for opinions, and evaluations and the User must cooperate with these. The purpose of using this information is limited to the operation, improvement, promotion, and development of new services of this service.
Article 20 (Prohibition of transferring rights and obligations)
- Users may not transfer, set collateral, or otherwise dispose of rights or obligations related to the Terms to a third party without our prior written consent.
- In the event that our company transfers the business related to the Services to a third party (hereinafter referred to as "business transfer", including company splits, absorption mergers, and any other cases that cause business transfer), our company's rights, obligations for users and User data may be transferred to the transferee of the business transfer, and the User agrees in advance to such transfer in this section.
Article 21 (Contact method)
- Inquiries and other communications or notifications regarding the Services from Users to our company shall be made in accordance with the method stipulated by us.
- We will contact or notify Users regarding the Services in accordance with the method specified by us.
Article 22 (Changes to the Terms)
- When it conforms to the general interests of Users when it does not go against the purpose of this agreement, and when it is reasonable in light of the necessity of the change, the appropriateness of the content after the change, and other circumstances related to the change, we can change the content of the Terms without obtaining individual consent from the User based on Article 548-4 of the Civil Code
- In the event that we amend the Terms pursuant to the provisions of the preceding paragraph, we will determine the effective date of the change, and the following matters will be made known by posting on our website or other means by the effective date,
(a) Information that the Terms will be changed
(b) Contents of the Terms after change
(c) Effective date
- If we modify the Terms without complying with the provisions of Paragraph 1 of this article, we shall obtain the User's consent to the modification. In this case, as well, we will notify Users of the content of these Terms after the change in accordance with the provisions of the preceding paragraph. In addition, if the User uses the services after the effective date of the change of the Terms, it is considered that the User has agreed to the contents of the Terms after the change.
Article 23 (Entire Agreement)
The Terms constitute the entire agreement between double jump.tokyo and the User and whether orally or in writing, It takes precedence over prior agreements, representations, and understandings regarding the matters stipulated in these Terms between double jump.tokyo and the User.
Article 24 (Severability)
Even if all or part of any provision of the Terms is determined to be invalid or unenforceable under laws and regulations, the remaining provisions of the Terms shall remain in full force and effect.
Article 25 (Governing Law and Agreed Jurisdiction)
The governing law of the Terms shall be Japanese law, and any dispute arising in connection with the Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of the first instance.
Article 26 (Consultation)
Matters not stipulated in the Terms and questions of interpretation shall be resolved through good faith consultations between both parties, in addition to complying with the provisions of laws and customs.
Enacted January 3, 2023