Terms of Use

Article 1. General Provisions

1. Leaf Publications Co., Ltd. (hereinafter referred to as the "Market Administrator") establishes these Sake World NFT Terms of Use (hereinafter referred to as the "Terms") to stipulate the matters that Users must comply with regarding this Market and this Service.
2. The Market Administrator may establish subordinate regulations, standard transaction terms, privacy policies, guidelines, help, etc., regarding this Market or this Service. These subordinate regulations, standard transaction terms, privacy policies, guidelines, help, etc. (hereinafter, collectively with the Terms, referred to as the "Terms, etc.") shall also apply to Users in the provision of this Service. Unless expressly stated otherwise, references to specific paragraphs in each article of these Terms (capitalized or otherwise) shall be confined to paragraphs within the same article.

Article 2. Definitions

1. "Market" refers to the sales platform "Sake World NFT" for Sake Tickets, etc.
2. "Service" refers to all services provided on this Market.
3. "User" refers to those who access or use this Market and/or this Service.
4. "Purchaser" refers to those who intend to purchase or have purchased Sake Tickets on this Market (including those who have received Sake Tickets through paid Personal Transactions, not being limited to Primary Purchasers).
5. "Primary Sales Transaction" refers to the sale and purchase of Sake Tickets between Sake Sellers and Purchasers on this Market.
6. "Primary Purchaser" refers to a Purchaser who has purchased a Sake Ticket from a Sake Seller.
7. "Final Holder" refers to those who currently hold Sake Tickets that each represent a complete and valid Right to Claim Delivery.
8. "Personal Transaction" refers to the transfer of a Sake Ticket by the Final Holder to a third party for a fee or free of charge (excluding Primary Sales Transactions).
9. "Repurchaser" refers to those who have received Sake Tickets through paid Personal Transactions from the Final Holders.
10. "Market Transaction" refers to Primary Sales Transactions and Personal Transactions.
11. "Alcoholic Beverages" refers to beverages containing 1% or more alcohol, or where Users are from a jurisdiction or territory other than Japan, the statutory definition set out in laws of such jurisdiction or territory.
12. "Sake Brewery" refers to those who hold a license to manufacture Alcoholic Beverages under the Liquor Tax Law, or where Users are from a jurisdiction or territory other than Japan, under the applicable laws of said jurisdiction or territory.
13. "Sake Seller" refers to a business that holds a relevant license to sell Alcoholic Beverages and are authorized to sell Sake Tickets on this Market.
14. "Listing" refers to the act of posting information about Alcoholic Beverages on this Market by Sake Sellers or Final Holders for the purpose of selling Sake Tickets.
15. "Product Card" refers to documents (including electronic media) related to Sake Tickets listed on this Market by Sake Sellers and submitted to the Market Administrator.
16. "Listed Product" refers to the Alcoholic Beverages specified in the Product Card that have been listed.
17. "Target Product" refers to specific products that are to be delivered by Sake Sellers upon Final Holders exercising their Right to Claim Delivery of Listed Products.
18. "Right to Claim Delivery" refers to the right to claim delivery of Target Products from a Sake Seller.
19. "Sake Ticket" refers to a non-fungible token issued on the blockchain that represents the Right to Claim Delivery.
20. "Use of Sake Ticket" or "Using Sake Ticket" refers to fulfilling all of the following conditions:
1. Transferring the Sake Ticket to the Sake Seller by the method specified on this Market.
2. Notifying the Designated Delivery Location.
3. Paying the Shipping Fee, etc., by the method specified by this Market.
21. "Designated Delivery Location" refers to the delivery location of the Target Product notified to the Sake Seller by the method specified on this Market.
22. "Shipping Fee, etc." refers to the fees calculated based on the criteria set by the Sake Seller and the shipping fee to the Designated Delivery Location.
23. "Sake Tickets, etc." refers to Sake Tickets and other products approved for Listing on this Market by the Market Administrator.
24. "Commemorative NFT" refers to non-fungible tokens issued on the blockchain by the Sake Seller when the Use of the Sake Ticket is completed and confirmed by the Sake Seller.
25. "Royalty" refers to the fee received by the Sake Seller from the parties involved in a paid Personal Transaction based on the transfer value of the Sake Ticket.
26. "Cryptocurrency" refers to cryptocurrency as defined in Article 2, Paragraph 14 of the Payment Services Act or other laws, where applicable.
27. "Reference Exchange Rate" refers to the latest reference price of the currency pair of Cryptocurrency and Japanese yen published by the Japan Virtual and Crypto assets Exchange Association (JVCEA) or other reference prices designated by the Market Administrator.
28. "Gas Fee" refers to the network fee incurred when conducting transactions on the blockchain.
29. "Wallet" refers to the service for receiving, storing, displaying, and sending Sake Tickets and Cryptocurrencies, designated by the Market Administrator.
30. "Wallet Address" refers to the address assigned by the Wallet for managing or storing Sake Tickets and other Cryptocurrencies.
31. "Storage Option" refers to the right to receive the service of storing Listed Products in a warehouse designated by the Sake Seller, including the storage method and maximum storage period selected by the Purchaser.

Article 3. Agreement to the Terms, etc., and Standard Transaction Terms

1. These Terms, etc. are intended to stipulate the conditions for using this Service between the Market Administrator and the User and apply to all relationships related to the use of this Service.
2. Users agree to these Terms, etc., and use this Service in accordance with these Terms, etc. By using this Service, Users are deemed to have agreed to these Terms, etc.

Article 4. Content of This Service

1. This Service provides a marketplace for the Market Transactions of Sake Tickets and offers reviews, rankings, and other information related to transactions on this Market.
2. Since this Market and this Service handle Alcoholic Beverages, persons under the age of 20 (or the minimum legal drinking age of the applicable jurisdiction) are not allowed to use this Market and this Service.
3. On this Market, Primary Sales Transactions are conducted directly between Sake Sellers and Primary Purchasers, and Personal Transactions are conducted directly between Purchasers. All matters related to the listing, sale, transfer, shipping, and compensation of Sake Tickets in Market transactions on this Market are the sole responsibility of the Sake Sellers and Users involved, and not the Market Administrator. In the event of any trouble related to Sake Tickets or Target Products issued by Sake Sellers pursuant to the transactions set out in this paragraph, Users must resolve it directly with the Sake Seller who sold the Sake Ticket.
4. Notwithstanding the provisions of the preceding paragraph, the Market Administrator may provide compensation, etc., within the scope separately determined by the Market Administrator, for troubles between Sake Sellers and Users. The Market Administrator may change, suspend, or terminate the scope, content, etc., of compensation at its reasonable discretion.
5. The Market Administrator may add or change the services incidental to this Service without prior notice to Users. Users agree to use this Service in accordance with these Terms, etc., as applicable to the added or changed Services.
6. The Market Administrator may suspend or terminate the provision of part or all of this Service to specific Users or all Users at any time without prior notice.
7. When changing, suspending, or terminating part or all of the content of this Service, the Market Administrator will provide information to Users at an appropriate time and method if it deems necessary based on the impact and Service operation status.

Article 5. Software, etc., for Using This Service

To use this Market and this Service, hardware and software necessary for internet access are required. Transactions on this Market are conducted via the Ethereum or Polygon blockchain. Users must use Privy as the Wallet for transactions on this Market. Sake Sellers and Users are deemed to have agreed that their Ethereum or Polygon Wallet Addresses will be disclosed to other Users and third parties each time they conduct transactions on this Market in accordance with the policies of these wallet providers.

The Market Administrator does not own or manage Privy, MetaMask, Google Chrome, Mozilla Firefox, the Ethereum network, or the Polygon network used for transactions on this Market. The Market Administrator is not responsible for any damages of any kind caused as a result of access to or use of services provided by these third parties (including without limitation damages caused as a result of the negligence of these third parties). The Market Administrator is also not responsible for any damages of any kind arising from the operation or use of third-party products, regardless of whether they are provided by third parties.

Users are responsible for ensuring the security of their MetaMask wallets and other digital wallets used on this Market. Similarly, Users are solely responsible for ensuring the security of their information registered on this Market based on the following article.

Article 6. Registration of Users' Information

1. Users must register the required information in accordance with the procedures specified by this Market to use this Service. The information registration must be done by the User themselves.
2. Users must enter true and up-to-date information during the registration of their information. If there are any changes to their registered information, Users must promptly re-register the updated information in accordance with the specified procedures.
3. Even if notifications from the Market Administrator or Sake Sellers do not reach Users due to Users' errors, falsehoods, or outdated information in the Users' registered information, the notifications are deemed to have reached the Users at the time they should normally have reached. Users are solely responsible for any damages of any kind or disadvantages arising from Users' errors, omissions, falsehoods, or outdated information in their registered information.
4. The Market Administrator is not responsible for any damages of any kind that are incurred by Users due to the use of payment methods or other financial information entered by Users, by third parties, or due to inaccurate information, except in cases caused by the intentional or gross negligence of the Market Administrator.

Article 7. Notifications

1. Notifications from the Market Administrator to Users regarding this Service will be made by sending an email to the email address registered by the User in accordance with Article 6, posting on the Market Administrator's website, or other methods deemed appropriate by the Market Administrator.
2. Insofar as permitted by applicable law, Users agree in advance that notifications from the Market Administrator are deemed to have reached Users at the time Users can view the email or 24 hours after the Market Administrator sends the email, whichever is earlier, if the notification is made by sending an email.

Article 8. Contact and Promotion

1. The Market Administrator may contact Users by phone, email, or other methods to conduct opinion surveys, transaction status surveys, hearings, etc., regarding this Service.
2. The Market Administrator may contact Users by phone, email, mail, or other methods to announce campaigns, advertisements, etc., related to this Service.
3. The Market Administrator shall carry out the aforementioned activities in accordance with its Privacy Policy and applicable laws and regulations.

Article 9. Expiration of Sake Tickets

1. The Market Administrator may extinguish Sake Tickets or request Sake Sellers to extinguish Sake Tickets if they are used for or are likely to be used for criminal activities, or if they are used in a manner contrary to public order and morals, or if the Market Administrator reasonably determines that they are significantly inappropriate. Users purchase Sake Tickets with the understanding and acceptance that their Sake Tickets may be extinguished due to these circumstances. If Sake Tickets are extinguished based on this provision, the Right to Claim Delivery will also be extinguished at the same time.
2. As a platform provider, the Market Administrator will compensate the Final Holder (excluding where such Final Holders are conducting or attempting to conduct criminal activities or using or attempting to use the Sales Tickets in a manner contrary to public order and morals) with the equivalent amount of the Sake Ticket price at the time of the Primary Sales Transaction if the Sake Ticket and the Right to Claim Delivery are extinguished based on the preceding paragraph. This compensation does not prevent the resolution of the extinguishment of the Sake Ticket between Users and Sake Sellers.
3. The Market Administrator will pay the compensation specified in the preceding paragraph by transferring Cryptocurrency to the Final Holder's Wallet. The amount of Cryptocurrency will be calculated by converting the compensation amount to Cryptocurrency based on the Reference Exchange Rate at the end of the day before the payment date.

Article 10. Fees

1. Sake Sellers must pay the sales fee determined by the Market Administrator based on the sale price of the Sake Ticket when a Primary Sales Transaction is completed on this Market.
2. Repurchaser must directly pay the Market Fees determined by the Market Administrator based on the sale price of the Sake Ticket when a paid Personal Transaction is completed on this Market.

Article 11. Cancellations

Purchasers cannot cancel transactions (including listing, selling, and purchasing) related to Sake Tickets on this Market for their own convenience after the payment procedure for the sale of the Sake Ticket has been completed on this Market.

Article 12. Prohibited Acts

1. Users must not engage in any of the following acts or acts that may fall under any of the following when using this Service:
1. Acts that violate laws, regulations, or public order and morals.
2. Acts aimed at manipulating the price of Sake Tickets, including the following:
1. Spreading unfounded facts to an unspecified number of people.
2. Engaging in fraudulent acts using means that mislead others.
3. Making statements that unduly arouse others' gambling spirit.
4. Using violence or threats.
3. Double transfer of Sake Tickets.
4. Transfer, lending, or other disposal of Sake Tickets to third parties for a fee outside this Market.
5. Use of this Market for money laundering or other illegal purposes, or transactions objectively judged to be for illegal purposes on this Market.
6. Acts prohibited by payment service providers, etc., regarding the payment of purchase or sale prices of Sake Tickets.
7. Acts that infringe the intellectual property rights, portrait rights, publicity rights, or other rights of the Market Administrator, other Users of this Service, or other third parties.
8. Acts that discriminate, threaten, defame, or damage the credit or reputation of the Market Administrator, Sake Sellers, or other third parties.
9. Acts that cause disadvantage or damage to the Market Administrator, Sake Sellers, or other third parties.
10. Using this Service by impersonating a third party.
11. Sending or providing harmful programs such as computer viruses or recommending such acts.
12. Altering or deleting information that can be used on this Market by the Market Administrator, Sake Sellers, or other third parties.
13. Illegally using the equipment of the Market Administrator, Sake Sellers, or other third parties, or interfering with their operations.
14. Using this Market for any other illegal or immoral purposes not already provided for in this article.
15. Acts that damage the brand or credit of the Market Administrator.
16. Acts that interfere with the smooth operation or management of this Market by the Market Administrator or Sake Sellers.
17. Criminal acts or acts that promote or imply the execution of criminal acts.
18. Acts that violate these Terms, etc. or other regulations set by the Market Administrator.
19. Providing benefits to anti-social forces, etc.
20. Using this Market for political, promotional, or religious purposes.
21. Acts related to the acts listed in the preceding items.
22. Other acts deemed inappropriate by the Market Administrator.
2. If a User is found to have engaged in any of the prohibited acts specified in the preceding paragraph, the Market Administrator may suspend the User's qualification to use this Service or dispose of the Sake Ticket(s) held by the User. If the Market Administrator suffers any damage due to the acts specified in the preceding paragraph, the Market Administrator may claim compensation for the damage from the User to the extent permitted by applicable laws.

Article 13. Suspension or Termination of Service

1. The Market Administrator may suspend or terminate this Service at its discretion. However, if the Market Administrator changes, suspends, or terminates this Service, it will provide information to Users at an appropriate time and method based on the impact and service operation status.
2. If this Service is suspended or terminated, Users will no longer be able to use this Service immediately.
3. The Market Administrator will pay compensation by transferring Cryptocurrency to the Final Holder's Wallet if this Service is suspended or terminated. The amount of Cryptocurrency will be calculated by converting the compensation amount to Cryptocurrency based on the Reference Exchange Rate at the end of the day before the payment date.

Article 14. Personal Information

The Market Administrator will handle the personal information registered by Users regarding the use of this Service in accordance with the Privacy Policy separately established by the Market Administrator, and Users acknowledge and agree to this.

Article 15. Intellectual Property Rights, etc.

1. All intellectual property rights related to this Service belong to the Market Administrator, Sake Sellers, or other legitimate rights holders, and nothing in these Terms, etc. grants any rights to Users other than those explicitly stated.
2. Users are prohibited from engaging in any acts that infringe intellectual property rights.

Article 16. Disclaimer

1. To the maximum extent permitted by applicable laws, the Market Administrator is not responsible for any damages of any kind incurred by Users due to:
1. its inability to provide all or part of the Service
2. any access to, use or misuse of the Services
3. any delay or inability to access or use the Services
4. any loss or corruption of information submitted on the Market
5. any information, content, communications or Services provided by the Market Administrator; or
6. temporary unavailability of specific payment services or the loss of Users' assets due to malfunctions in payment services, which may be due to any reason including but not limited to, force majeure, including natural disasters, wars, terrorism, riots, labor disputes, enactment or amendment of laws and regulations, government intervention or orders, infectious diseases, power outages, communication line or computer failures, system maintenance, data loss, unauthorized access to data, and other reasons.
2. The Market Administrator's responsibility is limited to providing this Service with reasonable efforts, and the Market Administrator does not guarantee the accuracy, timeliness, usefulness, reliability, legality, suitability for specific purposes, or non-infringement of third-party rights of this Service. The Market Administrator is not responsible for the delivery or supply of the Target Products.
3. The Market Administrator is also not responsible for any costs, problems, disputes, etc. arising from transfers of Sake Tickets to a third party free of charge that take place on marketplaces other than the Market.
4. The Market Administrator does not guarantee that emails or content sent from or available on the Market Administrator's web pages, servers, or domains are free of harmful elements such as computer viruses.
5. The Market Administrator may provide information or advice to Users where appropriate, but this does not entail any responsibility for any typographical errors, inaccuracies or omissions relating to information or advice provided.
6. Users are solely responsible for any damages incurred that arises from or in connection with any of their violation of these Terms, etc.

Article 17. Indemnity

Upon request of the Market Administrator, each User shall defend, indemnify and hold harmless the Market Administrator, as well as its affiliates, licensors, employees, officers, directors, and representatives from and against any claims, demands, liabilities, obligations, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or in connection with any third party claim concerning:

(1) the User's use or misuse of the Market or the Service

(2) the User's violation of these Terms, etc.;or

(3) the User's violation of the rights of any third party, including without limitation any intellectual property, data protection or privacy right

The Market Administrator reserves the right to assume control of the defense and settlement of the claim at any time, in which event the User shall cooperate with the Market Administrator in asserting any available defenses.

Article 18. Governing Law and Jurisdiction

These Terms, etc., shall be interpreted in accordance with Japanese law, and if litigation is necessary regarding these Terms, etc., the Kyoto District Court shall be the exclusive agreed jurisdictional court of the first instance.

Article 19. Validity of This Agreement

1. Even if part of the provisions of these Terms, etc., is deemed illegal, invalid or unenforceable based on applicable laws and regulations, the remaining parts of the provisions shall remain valid and not be affected or impaired by such illegality, invalidity or unenforceability.
2. Even if part of the provisions of these Terms, etc., is deemed invalid or canceled concerning specific users, these Terms, etc., shall remain valid concerning other users.

Article 20. Revision of These Terms

The Market Administrator may revise these Terms, and will notify Users by posting on the Market Administrator's website or other methods specified by the Market Administrator, considering the impact and service operation status of this Market. The revised Terms will take effect after a certain notice period specified by the Market Administrator or when Users use this Service after the notification, whichever is earlier.