NFT Garden Official Version Released!
Terms of service
Last updated: April 10, 2023
“NFT Garden Terms of Use” (hereinafter referred to as the “Terms”) shall apply to the NFT Garden service (hereinafter referred to as the “Service”) provided by Connectiv Corporation (hereinafter referred to as the “Company”) is used by the users specified in Article 1 (hereinafter referred to as the “User(s)”). In order to use the Service, the User must read and agree to these Terms in their entirety.
Article 1 (Users)
“User” means a person (individual or corporation or other organization) who has agreed to the Terms and has completed the user registration procedures in Paragraph 1 of the following Article.
Article 2 (User Registration Procedures)
1. User registration is completed when a prospective user submits an application through a method specified by the Company, and the Company examines and approves the application.
2. If, during the screening process described in the preceding paragraph, the Company determines that a prospective user falls under any of the following items, the Company may not approve the application for user registration and shall not be obligated to disclose the reason for such denial.
(1) When there is an error or omission in the application for user registration
(2) In the event that a false declaration is made when applying for user registration
(3) When a user registration application is submitted by a person who has violated the Terms
(4) If the Company determines that the applicant is an Anti-Social Force, etc. (meaning an organized crime group, member of an organized crime group, right-wing group, anti-social force, or other equivalent; the same shall apply hereinafter), or is involved in any interaction or involvement with Anti-Social Forces, etc. such as cooperation or involvement in the maintenance, operation, or management of Anti-Social Forces, etc. through funding or otherwise
(5) In any other case in which the Company deems a prospective user to be inappropriate as the User
2. If, during the screening process described in the preceding paragraph, the Company determines that a prospective user falls under any of the following items, the Company may not approve the application for user registration and shall not be obligated to disclose the reason for such denial.
(1) When there is an error or omission in the application for user registration
(2) In the event that a false declaration is made when applying for user registration
(3) When a user registration application is submitted by a person who has violated the Terms
(4) If the Company determines that the applicant is an Anti-Social Force, etc. (meaning an organized crime group, member of an organized crime group, right-wing group, anti-social force, or other equivalent; the same shall apply hereinafter), or is involved in any interaction or involvement with Anti-Social Forces, etc. such as cooperation or involvement in the maintenance, operation, or management of Anti-Social Forces, etc. through funding or otherwise
(5) In any other case in which the Company deems a prospective user to be inappropriate as the User
Article 3 (Changes in Registration Information)
In the event of any change in the information provided to the Company at the time of application for user registration, the User shall notify the Company of such change without delay in the manner prescribed by the Company.
Article 4 (This Service)
1. NFTs created by the Service cannot be exchanged, sold, or otherwise traded within the Service.
2. NFTs created by the Service do not constitute “crypto-assets” as defined in the Payment Services Act.
2. NFTs created by the Service do not constitute “crypto-assets” as defined in the Payment Services Act.
Article 5 (Usage Fees)
1. Paid Members (Users who uses individual services of the Service for which a fee is charged; the same shall apply hereinafter) shall pay to the Company a separately determined usage fee for each individual service as compensation for using the Service.
2. Paid Members shall pay the usage fee by the payment method (credit card, etc.) specified by the Company by the date specified by the Company, and the Company shall not refund the usage fee received in any case.
3. User shall bear and be responsible for all communication costs (including communication costs associated with downloading and using necessary software) and telecommunication equipment, etc. required to use the Service. However, the Company does not guarantee that the Service and the software necessary for its use will operate properly on the telecommunications equipment, etc. used by the User.
2. Paid Members shall pay the usage fee by the payment method (credit card, etc.) specified by the Company by the date specified by the Company, and the Company shall not refund the usage fee received in any case.
3. User shall bear and be responsible for all communication costs (including communication costs associated with downloading and using necessary software) and telecommunication equipment, etc. required to use the Service. However, the Company does not guarantee that the Service and the software necessary for its use will operate properly on the telecommunications equipment, etc. used by the User.
Article 6 (Management of User ID and Password)
1. Users shall manage their user IDs and passwords for the Service at their own liability. The Company shall not be liable for any damages incurred by the User due to the use of the user ID or password by another third party. In addition, if a User loses or has his/her user ID or password stolen, the User shall promptly notify the Company and follow its instructions.
2. Users may not, under any circumstances, transfer or lend their user ID and password to a third party.
3. When a login is made with the correct combination of user ID and password, the Company shall deem that the login is made by the User who has registered the user ID.
2. Users may not, under any circumstances, transfer or lend their user ID and password to a third party.
3. When a login is made with the correct combination of user ID and password, the Company shall deem that the login is made by the User who has registered the user ID.
Article 7 (Prohibited Matters)
In using the Service, the Company prohibits Users from committing any of the following acts.
(1) Acts that violate laws, this Terms, or public order and morals
(2) Actions related to criminal acts
(3) Acts that infringe Intellectual Property Rights (meaning copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights); the same shall apply hereinafter), portrait rights, privacy rights, honor, other rights or interests of the Company, other Users of the Service, or other third parties (including acts that directly or indirectly cause these infringements).
(4) Transmitting information to the Company or other Users of the Service through the Service that falls under or is deemed by the Company to fall under any of the following
・ Information that contains excessive violent or cruel expressions
・ Information that contains computer viruses or other harmful computer programs
・ Information that contains expressions that defame or discredit the Company, other Users of the Service, or other third parties
・ Information that includes obscene expressions
・ Information that includes expressions that promote discrimination
・ Information that encourages suicide or self-injury
・ Information including expressions that promote the inappropriate use of drugs
・ Information including antisocial expressions
・ Information that requests the spread of information to a third party, such as chain mail
・ Information that includes expressions that may cause discomfort to other Users of the Service or other third parties
(5) Any action that destroys or interferes with the functions of the servers or network of the Company, or any other action that may interfere with the operation of the Services by the Company
(6) Transmission or posting of harmful computer programs such as computer viruses (7) Acts that cause disadvantage, damage, or discomfort to other Users of the Service or other third parties
(8) An act of entering false information
(9) Collecting or accumulating personal information about other Users of the Service
(10) An act of using the Service by impersonating another User of the Service (11) An act of using the user ID or password of another User of the Service
(12) Direct or indirect provision of benefits to Anti-Social Forces, etc. in relation to the Services
(13) Other acts that the Company deems inappropriate
(1) Acts that violate laws, this Terms, or public order and morals
(2) Actions related to criminal acts
(3) Acts that infringe Intellectual Property Rights (meaning copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights); the same shall apply hereinafter), portrait rights, privacy rights, honor, other rights or interests of the Company, other Users of the Service, or other third parties (including acts that directly or indirectly cause these infringements).
(4) Transmitting information to the Company or other Users of the Service through the Service that falls under or is deemed by the Company to fall under any of the following
・ Information that contains excessive violent or cruel expressions
・ Information that contains computer viruses or other harmful computer programs
・ Information that contains expressions that defame or discredit the Company, other Users of the Service, or other third parties
・ Information that includes obscene expressions
・ Information that includes expressions that promote discrimination
・ Information that encourages suicide or self-injury
・ Information including expressions that promote the inappropriate use of drugs
・ Information including antisocial expressions
・ Information that requests the spread of information to a third party, such as chain mail
・ Information that includes expressions that may cause discomfort to other Users of the Service or other third parties
(5) Any action that destroys or interferes with the functions of the servers or network of the Company, or any other action that may interfere with the operation of the Services by the Company
(6) Transmission or posting of harmful computer programs such as computer viruses (7) Acts that cause disadvantage, damage, or discomfort to other Users of the Service or other third parties
(8) An act of entering false information
(9) Collecting or accumulating personal information about other Users of the Service
(10) An act of using the Service by impersonating another User of the Service (11) An act of using the user ID or password of another User of the Service
(12) Direct or indirect provision of benefits to Anti-Social Forces, etc. in relation to the Services
(13) Other acts that the Company deems inappropriate
Article 8 (Restriction of Use and Cancellation of Registration)
1. The Company may, without prior notice, restrict a User’s use of all or part of the Service, or terminate the User’s registration as a User, if the User falls under any of the following items.
(1) If the User have violated any of the provisions of the Terms
(2) When it is found that there is a false fact in the registration information
(3) If the User have not responded to the Company’s inquiries or other communications requesting a response for 30 days or more
(4) If the Company otherwise deems the User to be an inappropriate User
2. the Company shall not be liable for any damages incurred by the User as a result of the Company’s actions under this Article.
(1) If the User have violated any of the provisions of the Terms
(2) When it is found that there is a false fact in the registration information
(3) If the User have not responded to the Company’s inquiries or other communications requesting a response for 30 days or more
(4) If the Company otherwise deems the User to be an inappropriate User
2. the Company shall not be liable for any damages incurred by the User as a result of the Company’s actions under this Article.
Article 9 (Disclaimer)
1. The Company does not warrant, either expressly or impliedly, that the Service will be suitable for the specific purpose of the User, that the Service will have the expected functions, commercial value, accuracy, and usefulness, that the NFT itself will be valuable, stable, and legal, that the User’s use of the Service will conform to laws or internal regulations of industry organizations applicable to the User, that the Service can be used continuously, or that defects will not occur.
2. The Company shall be exempt from liability to the User for the Service if such liability is not caused by the Company’s willful misconduct or gross negligence.
3. If the Company is liable for any reason, it shall be liable for compensation only within the scope of damages that could normally arise, and only to the extent of the amount paid (the amount equivalent to the price actually received by the Company from the User in the past one month from the occurrence of the reason for which the Company is liable).
4. The Company shall not be liable for any damages, disputes, etc. arising out of or in connection with the Service (including, but not limited to, the exhibition, exchange, sale or purchase, outside the Service, of NFTs created through the Service) between Users and other Users or other third parties.
2. The Company shall be exempt from liability to the User for the Service if such liability is not caused by the Company’s willful misconduct or gross negligence.
3. If the Company is liable for any reason, it shall be liable for compensation only within the scope of damages that could normally arise, and only to the extent of the amount paid (the amount equivalent to the price actually received by the Company from the User in the past one month from the occurrence of the reason for which the Company is liable).
4. The Company shall not be liable for any damages, disputes, etc. arising out of or in connection with the Service (including, but not limited to, the exhibition, exchange, sale or purchase, outside the Service, of NFTs created through the Service) between Users and other Users or other third parties.
Article 10 (Notification or Communication)
1. Notification or communication between the User and the Company shall be made by posting on the Service or by e-mail, or by any other method that the Company deems appropriate.
2. Notification or communication made by the method stipulated in the preceding paragraph shall be deemed to have been viewed or received at the time of posting on the service or transmission by e-mail, etc., and shall become effective from that time. The Company shall not be liable for any inability to view postings or receive e-mails, etc. due to settings on the part of Users.
2. Notification or communication made by the method stipulated in the preceding paragraph shall be deemed to have been viewed or received at the time of posting on the service or transmission by e-mail, etc., and shall become effective from that time. The Company shall not be liable for any inability to view postings or receive e-mails, etc. due to settings on the part of Users.
Article 11 (Changes in Contents of the Service, etc.)
The Company may change the contents of the Service or discontinue providing the Service without prior notice to the User, and shall not be liable for any damages incurred by the User as a result of such changes or discontinuation.
Article 12 (Suspension of the Service, etc.)
1. The Company may suspend or discontinue provision of all or part of the Service without prior notice to the User in the event that the Company determines that any of the following events exist
(1) When performing maintenance inspections or updating of computer systems related to the Service
(2) When it becomes difficult to provide the Service due to force majeure such as fire, power outage, or natural disaster
(3) When computers or telecommunication lines are stopped due to an accident
(4) When the Company otherwise deems it difficult to provide the Service
2. The Company shall not be liable for any disadvantage or damage incurred by the User or any third party due to the suspension or interruption of the provision of the Service.
(1) When performing maintenance inspections or updating of computer systems related to the Service
(2) When it becomes difficult to provide the Service due to force majeure such as fire, power outage, or natural disaster
(3) When computers or telecommunication lines are stopped due to an accident
(4) When the Company otherwise deems it difficult to provide the Service
2. The Company shall not be liable for any disadvantage or damage incurred by the User or any third party due to the suspension or interruption of the provision of the Service.
Article 13 (Attribution of Rights)
All ownership and Intellectual Property Rights to the Company’s website and the Service belong to the Company or to the licensor of the Company, and permission to use the Service based on user registration as stipulated in the Terms does not imply permission to use the Intellectual Property Rights of the Company or of the licensor of the Company in relation to the Company’s website or the Service. Users shall not, for any reason whatsoever, engage in any conduct (including, but not limited to, disassembly, decompilation, and reverse engineering) that may infringe upon the Intellectual Property Rights of the Company or the licensor of the Company.
Article 14 (Exclusion of Anti-Social Forces)
1. The User represents and warrants that he/she or their agents or intermediaries (hereinafter referred to as “Related Parties”) do not currently fall under any of the following and will not fall under any of the following in the future.
(1) Boryokudan (organized crime groups (as defined in Article 2, Item 2 of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991, hereinafter referred to as the “Boryokudan Act”))
(2) Boryokudan-in
(Boryokudan members as defined in Article 2, Item 6 of the Boryokudan Act) and those who have not yet passed 5 years since he/she ceased to be a Boryokudan-in (3) Quasi-organized crime syndicate members
(4) Companies affiliated with organized crime groups
(5) A person who is a professional troublemaker at shareholders’ meetings, a social activist, a political activist, or a member of a special intelligence group
(6) Persons who are closely related (including but not limited to the provision of funds or other benefits) to those who stipulated in each of the preceding items
(7) Other persons similar to those who stipulated in each of the preceding items
2. The User shall ensure that he/she or its Related Parties do not directly or indirectly commit any of the following acts.
(1) Violent acts of demand
(2) Unreasonable demands beyond legal responsibility
(3) Threatening words or actions (including, but not limited to, telling a person that he/she or a Related Party is a person specified in each item of the preceding paragraph) or using violence in connection with a transaction
(4) Spreading false rumors, using deceptive means, or using force to damage the Company’s credibility or obstruct the Company’s business
(5) Any other acts similar to those described in the preceding items
3. In the event that a User is found to have violated any of the representations or warranties set forth in the preceding two paragraphs, the Company may take necessary measures, such as termination of user registration, without requiring any notice.
4. In the event that the Company takes necessary measures pursuant to the preceding paragraph, the Company shall not be liable to compensate the User for any damage, loss, or expense incurred by the User as a result of such necessary measures.
(1) Boryokudan (organized crime groups (as defined in Article 2, Item 2 of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991, hereinafter referred to as the “Boryokudan Act”))
(2) Boryokudan-in
(Boryokudan members as defined in Article 2, Item 6 of the Boryokudan Act) and those who have not yet passed 5 years since he/she ceased to be a Boryokudan-in (3) Quasi-organized crime syndicate members
(4) Companies affiliated with organized crime groups
(5) A person who is a professional troublemaker at shareholders’ meetings, a social activist, a political activist, or a member of a special intelligence group
(6) Persons who are closely related (including but not limited to the provision of funds or other benefits) to those who stipulated in each of the preceding items
(7) Other persons similar to those who stipulated in each of the preceding items
2. The User shall ensure that he/she or its Related Parties do not directly or indirectly commit any of the following acts.
(1) Violent acts of demand
(2) Unreasonable demands beyond legal responsibility
(3) Threatening words or actions (including, but not limited to, telling a person that he/she or a Related Party is a person specified in each item of the preceding paragraph) or using violence in connection with a transaction
(4) Spreading false rumors, using deceptive means, or using force to damage the Company’s credibility or obstruct the Company’s business
(5) Any other acts similar to those described in the preceding items
3. In the event that a User is found to have violated any of the representations or warranties set forth in the preceding two paragraphs, the Company may take necessary measures, such as termination of user registration, without requiring any notice.
4. In the event that the Company takes necessary measures pursuant to the preceding paragraph, the Company shall not be liable to compensate the User for any damage, loss, or expense incurred by the User as a result of such necessary measures.
Article 15 (Handling of Personal Information)
The Company’s handling of personal information shall be governed by the Company’s Privacy Policy （https://nftgarden.app/en/privacy）, and the User agrees to the Company’s handling of the User’s personal information in accordance with this Privacy Policy.
Article 16 (Modification of Terms of Use)
The Company may change the Terms as it deems necessary. In the event of modification of the Terms, the Company shall notify the Users of the effective date and the contents of the modified Terms by posting on the Company’s website or by other appropriate means.
Article 17 (Prohibition of Assignment of Rights and Obligations)
Users may not assign their positions under this Terms, rights or obligations under this Terms to any third party, or offer them as collateral, without the prior written consent of the Company.
Article 18 (Severability)
If any provision of the Terms or any part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of the Terms and the remainder of any provision that is determined to be invalid or unenforceable in part shall remain in full force and effect.
Article 19 (Governing Law, Language and Jurisdiction)
1. This Terms shall be governed by and construed in accordance with the laws of Japan.
2. This Terms shall be governed by Japanese language. Translations other than Japanese language shall be for reference purposes and shall have no legal effect.
3. The court having jurisdiction over the location of the Company’s head office shall be the exclusive court of first instance for any and all disputes related to the Terms and the Service.
2. This Terms shall be governed by Japanese language. Translations other than Japanese language shall be for reference purposes and shall have no legal effect.
3. The court having jurisdiction over the location of the Company’s head office shall be the exclusive court of first instance for any and all disputes related to the Terms and the Service.
Supplementary Provisions
January 24, 2022 Enacted and enforced
April 1, 2022 Revised and enforced
April 10, 2023 Revised and enforced
January 24, 2022 Enacted and enforced
April 1, 2022 Revised and enforced
April 10, 2023 Revised and enforced
