- SUPER SAPIENSS NFT Terms of Service -
These Terms of Service (“Terms”) govern your access to and use of the "SUPER SAPIENSS" service which is provided by SUPER SAPIENSS inc. (reffered to as "the Company", “we”, “us” and “our”) and runned on the platform ”FiNANCiE” provided by FiNANCiE inc.. Throughout these Terms, we will refer to you as “you” and “Users”.
Article 1 (Purpose of the Service)
- The SUPER SAPIENSS website accessible at https://supersapienss.com/nft or successor URLs and our other webpages, platforms, applications, functionalities and products; including without limitation using our services to view, explore, purchase and transfer NFTs (non-fungible tokens) (collectively, our project "Service") are provided by the Company.
- Users who are minors in your jurisdiction of residence must obtain the consent of a person with parental authority or other legal representative before using the Service. Although User uses the Service without the consent of a person with parental authority or other legal representative, falsely claims to have consent or to be of legal age, or otherwise uses fraudulent means to make the User believe that he/she is of legal capacity to act, all legal acts related to the Service cannot be revoked.
- We offer the Service and its Terms in Japanese as well. If the English version is inconsistent or in conflict with the Japanese Terms, the provisions of the Japanese Terms prevail with respect to such matter, and such provisions of the English version shall be construed and applied so as to conform to Japanese Terms.
Article 2 (Use of Wallet)
- Users need a blockchain address and a third-party wallet such as MetaMask at their own risk in order to purchase NFTs through the Service.
- Users are solely responsible for keeping your wallet secure and you shall manage the private key, credentials, or seed phrase information of your wallet and any other information used in connection with your use of the Service ("Wallet Information"). You shall take necessary measures to prevent unauthorized use by third parties, and shall bear full responsibility for any actions taken by yours or any third party using your Wallet Information. The Company is not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised.
- We may deem any act performed using Wallet Information to be an act by the User who should manage said Wallet Information.
Article 3 (Purchase of NFT)
- Users shall apply for the purchase of NFTs by the method prescribed by the Company, and then send ETH and other cryptographic assets equivalent to the price of NFTs displayed on the website to the address specified by the Company. Upon actual receipt of said cryptographic assets by the Company, a purchase agreement concerning NFTs ("This Agreement") shall be concluded. (The User in This Agreement shall be referred to as a "Buyers").
- The Gas Fee required for the purchase of NFTs (refers to the fee in ETH and other cryptographic assets paid for the use of the blockchain network; “Gas Fee”) shall be beared by the Buyers. The same shall apply to the fee paid by the User in the event that the Company is unable to receive ETH or other cryptographic assets due to a transaction error or other blockchain network malfunction.
- Buyers must be of legal age to enter into a binding contract in their country, state or other jurisdiction of residence.
- Buyers shall keep the NFT with your Wallet at all times during the mint.
- The Company's performance of This Agreement shall be deemed to be completed, when the Company records NFTs and its purchasement on the blockchain then sends NFTs to the Buyer's wallet address ("delivery of NFTs").
- After delivery of NFTs, the Buyer may not cancel or terminate This Agreement for any reason, except as permitted by law. The Company shall not accept returns or refunds.
Article 4 (Fees and Expenses)
- The price for NFTs will be displayed on the purchase page of NFTs on the website.
- The Buyer of NFTs is subject to pay Gas Fee in addition to the price of NFTs.
- If there are any taxes or incidental costs associated with the purchase of NFTs and the use of the Service, the Users shall bear such costs.
- Users shall bear the costs associated with the purchase, installation, or maintenance of the terminal necessary for the use of the Service and any communication costs incurred in the use of the Service.
Article 5 (Intellectual Property Right)
- 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), “IP rights”) related to NFTs, and text, images, programs, and all other information provided through the Service or comprising the Service (hereinafter collectively simply referred to as "Contents of the Service") belong to the Company or a third party that owns such rights. The act of permitting the use of the Service and the delivery of NFTs by the Company shall not be construed as a transfer of such rights.
Article 6（License of artwork）
- For each NFT owned, the sole license to use the artwork of one character from the SUPER SAPIENSS collection (including the artwork to be subsequently granted to the owner of said NFT). As long as the Buyers continue to own the NFT, there is no limit to the amount of revenue that can be generated, if any, from the use of the artwork to the extent permitted by this Terms.
- The derivatives of artwork owned can be permitted only within the following range;
- Make copies without changing colors;
- Make monochrome copies;
- Scaling while maintaining proportions;
- Artwork modifications that do not fall under the preceding paragraph are permitted only for non-commercial and personal use.
- The artwork license is automatically terminated and deemed revoked if the artwork is used for immoral or offensive purposes or in any way that damages the Company brand, reputation, or community.
- the Company reserves the right to use the artwork for promotional or non-commercial purposes for the Company.
Article 7 (Prohibition)
- The Users shall not engage in any of the following acts that will or may;
- violate the law, public order and morals, or this Terms;
- conduct criminal acts or acts connected to criminal acts, or acts that assist or encourage such acts;
- infringe on the IP rights of the Company or any third party;
- modify or damage the Service and/or the Contents of the Service, or disassemble, decompile, or reverse engineer the Service and/or the Contents of the Service;
- obtain or illegally reproduce the Contents of the Service in an unauthorized manner;
- unjustly discriminate against or slander the Company or a third party, or defame the honor or credit of the Company or the Service;
- conduct for the profit making purpose without the Company's explicit approval;
- cause damage to the Company or third parties;
- interfere with the operation of the Service;
- purchase NFTs illegally by a citizen, resident, or sojourner of a country or region where prohibited, restricted, or otherwise regulated by law or regulation;
- conduct what the Company deems inappropriate.
- In the event that the Company deems that a User has violated the preceding paragraph, the Company may suspend or restrict the use of all or part of the Service, terminate This Agreement, or take any other action the Company deems necessary against such User.
- In the event that a User has violated Paragraph 1, the Company claims compensation from such User for any and all damages (including reasonable attorney's fees) incurred by the Company as a result of such violation.
Article 8 (Modification to the Service)
- The Company may add new functions to the Service, change the content or name of the Service, or make any other changes to the Service as necessary.
- The Company reserves the right in our sole discretion to modify, suspend, discontinue, temporarily or permanently, the Service (or any features or parts thereof, collectively “modification to the Service”) at anytime for any of the following reasons and without liability as a result;
- periodical or urgent maintenance or inspection of the computer system used to provide the Service;
- an emergency such as fire, power outage, or natural disaster;
- force majeure such as earthquake, tsunami, typhoon, lightning, heavy rain, flood, or other natural disaster, fire, power failure, or other unforeseen accident, war, dispute, upheaval, riot, disturbance, labor dispute, epidemic or other epidemic, infectious disease, or social shutdown caused by such events;
- the malfunction of, the unauthorized access from unknown third party to, and/or computer virus infection to the computer system used to provide the Service;
- requirement by law and regulations;
- when the Company notifies the User in advance by e-mail or other means to a reasonable extent for any reasons;
- In any other case that the Company deems unavoidable.
- In the event that the Company modify, suspend, discontinue, temporarily or permanently, all or part of the Service in accordance with the preceding paragraph, the Company will notify Users of such modification of the Service by means of posting on the Website or another Website separately designated by the Company. However, this shall not apply in case of emergency.
Article 10 (Exclusion of Anti-Social Forces)
- User represents and pledges that as of the date of acceptance of the Terms, the User does not fall under any of the following items and will not fall under any of the following items in the future;
- the Anti-social Forces (as defined in the Act on Prevention of Unjust Acts by Organized Crime Group Members, hereinafter referred to as "Law"), a member of the Anti-social Forces (as defined in the Law Article2-6, hereinafter “Member”), a person who has been a Member for less than 5 years since he/she ceased to be a Member, a quasi-constituent of an Anti-social Forces, an Anti-social Forces-related company, a socially-active group, or a special intelligent violent group, or other similar person or a person who is regarded as such in a foregin country (hereinafter collectively referred to as "Anti-Social Forces");
- In case that you are an organization, such as a corporation or a group (hereinafter referred to as "Group"), Anti-Social Forces are substantially involved in the management of the Group;
- The User is using the Anti-Social Forces for the purpose of making profits for itself or a third party, or for the purpose of inflicting damage on a third party;
- Directly or actively cooperating with or being involved in the operation of Anti-Social Forces by providing funds or benefits to the Anti-Social Forces;
- Having a reprehensible relationship with the Anti-Social Forces.
- Users pledges not to engage in any of the following acts in relation to the Service, either by themselves or through the use of a third party;
- Violent demand acts
- Unreasonable demands beyond legal responsibility
- Acts of threatening words or deeds, or acts of violence in connection with transactions
- Spreading false rumors, using deception or force to damage the Company's credibility, or obstructing the Company's business.
- Other unfair acts similar to the above.
Article 11 (Disclaimer)
- The Company does not guarantee the permanence, completeness, certainty, validity, usefulness, currency, legality, or compatibility with the User's purpose of use or environment, of the Service. The Company shall not be liable for any damages arising from the use of or inability to use the Service or such information, except in the case of our willful misconduct or gross negligence.
- The Company shall not be liable for any disputes between Users or betweenUsers and third parties arising from the use of NFTs and the Service, except in the case of our willful misconduct or gross negligence.
- Except in the case of our willful misconduct or gross negligence, the Company shall not be liable for damages incurred by the User arising from unauthorized access to the Service, computer virus infiltration, or other acts of a third party.
- The Company is not liable for any damage to the User caused by telecommunications carriers, electric utilities, or other business operators, unless such damage is caused by the Company's willful misconduct or gross negligence.
- The Company shall not be liable for any damages incurred arising from the modification to the Service in Article 8.
Article 12 (Liability for Damages)
The extent of our liability for damages to the User shall be the ordinary damages directly and actually suffered by the User, and shall not exceed the amount of the price of NFTs purchased by the User. This limitation shall not apply in the event of our willful misconduct or gross negligence.
Article 13 (No Assignment)
The User shall not assign, transfer, collateral, or otherwise dispose of User's position, rights and/or obligations under This Agreement or the Terms, in whole or in part, to any third party without the prior written consent of the Company.
Article 14 (Revision of the Terms)
- The Company reserves the right to change or modify these Terms at any time and in our sole discretion without the User's consent.
- If we make material changes to the Terms, the Company will provide a notice beforehand (with a notice period of 14 days or more) of the contents to be changed and the effective date thereof. In addition to notifying Users by reasonable methods, we will have the revised Terms on the Website or other appropriate places specified by us.
- It is the User’s sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms.
- If the User suffers damages due to revisions of the Terms, regardless of whether it is direct damage or indirect damage, or whether it is foreseeable or not, the Company shall not be responsible for any damages unless such damage is caused by the Company's willful misconduct or gross negligence.
Article 15 (Good Faith Consultation)
Any question arising out of, or in connection with, this Terms or any matter not stipulated herein shall be settled upon consultation in good faith between you and the Company.
Article 16 (Governing Law and Jurisdiction)
Date of Initial Publication: 29 September 2022
- This Agreement shall be governed by and construed in accordance with the laws of Japan.
- The Tokyo District Court shall have exclusive jurisdiction in the first instance over any litigation or other dispute arising out of or in connection with the Terms.