HEXARS Market – Terms and Conditions
These Terms and Conditions set forth the terms and conditions of use of HEXARS Market (hereinafter referred to as the “Service”, together with the application that must be installed when using the Service, a platform service for buying and selling Non-Fungible Token (NFTs, hereinafter referred to as “NFTs”) operated by Media Equities Corporation (hereinafter referred to as the “Company”). (hereinafter referred to as the “Service”, together with the applications that need to be installed when using the Service). In order to ensure the smooth operation of the Service, the guidelines, precautions, and other rules and regulations regarding the use of the Service, which are separately stipulated by the Company within the Service as necessary, shall be incorporated as part of these Terms and Conditions. (if the person (under 18 years of age and wish to use the Service, please obtain prior consent from a person with parental authority and use the Service together).
By using the Service, you (hereinafter referred to as the “User”) agree to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use the Service.
Article 1 (Terms and Conditions for the use of the Service)
1.The User may use the Service on the premise that they agree to these Terms and Conditions.
2. The User shall use the Service within the scope specified by the Company according to the conditions stipulated by the Company, such as usage methods and usage environment. When using the Service, the User shall always confirm these Terms and Conditions for each function or service.
3. If necessary, the Company may add new services to the Service, change the contents or name of the Service, and the User shall use the Service upon prior consent to these changes.
Article 2 (Outline of the Service)
1. The Service is the platform service that enables the Company to sell NFTs to the User and to trade NFTs sold by the Company among the User.
2. The Company shall be not the broker, financial institution, or creditor. In addition, the Company only provides the Platform to facilitate the sale of NFTs among the Users, and shall be not the party to any sales contract of NFTs among the Users.
3. The User shall use the Service with the understanding that the value of NFTs issued through the Service may fluctuate.
Article 3 (Fees and Expenses)
1. In the event that a sales contract for NFT is concluded between Users, Users shall pay NFT as the market fee for the use of the Service in accordance with the fees and payment conditions separately stipulated by NFT.
2. The Company may, at its discretion, change the price of any feature of the Service. If the User does not agree to such changes, the User agrees in advance that the User may not be able to use all or part of the Service.
3. The User shall bear the cost of purchasing, installing, and maintaining the terminal necessary for the use of the Service, as well as any communication costs incurred in receiving the Service.
Article 4 (Intellectual Property Rights)
1. Copyrights and other intellectual property rights, portrait rights, publicity rights and other moral rights, ownership rights and other property rights arising from the various contents provided through the Service (hereinafter referred to as “Contents”), the text, images, programs and any other information that constitutes the Service belong to the Company.
2. The User shall not use (reprint, duplicate, modify, store, or transfer) the Contents beyond the scope of use granted by the Company in the Service.
Article 5 (Prohibited Items)
1. The User shall not engage in any of the following acts or acts that may lead to such acts
(1) Acts that violate laws, public order and morals, or these Terms and Conditions;
(2) Acts that infringe copyrights or other intellectual property rights, portrait rights, publicity rights or moral rights, ownership rights or other property rights of the Company or any third party;
(3) Providing false or misleading information to other users on this service;
(4) Impersonate another person or mislead others into believing that the User is another person;
(5) Use the information obtained on the Service for commercial purposes or provide it to the third party;
(6) Acts that promote illegality, such as money laundering and terrorist financing;
Modify, damage, disassemble, decompile, or reverse engineer the Service;
(7) Use the Service to create, list, purchase, register rights in, or license securities, commodities, options, real estate, or debt instruments;
(8) Use the Service to participate in the financing of any business, protocol, or platform, including, without limitation, the creation, listing, or purchase of assets that are redeemable for financial instruments, assets that entitle the owner to participate in an ICO or any securities offering; or the act of providing monetary compensation (including, but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts);
(9) Obtaining the Contents in an unauthorized manner or encouraging such an act;
(10) Any act that unfairly discriminates or defames the Company or any third party, or any act that defames the honor or credibility of the Company or the Service;
(11) Any commercial activities without the Company’s approval;
(12) Any act that causes or may cause trouble or damage to the Company or any third party;
(13) Interfere with the operation of the Service; or
(14) Other acts that the Company deems inappropriate.
2. In the event that the Company deems that the User has engaged in any of the prohibited activities set forth in the preceding paragraph, the Company may suspend the use of all or part of the Service, restrict the use of the Service, or take any other measures deemed appropriate by the Company.
3.If the User falls under any of the items in Paragraph 1, the Company shall be entitled to demand compensation from the User for any and all damages (including reasonable attorney’s fees) incurred by the Company as a result of the User’s actions.
Article 6 (Suspension, Discontinuation and Termination of the Service)
1. The Company may suspend all or part of the Service for any of the following reasons
(1) When the Company performs regular or emergency maintenance and inspection of the computer system for the provision of the Service;
(2) When the operation of the Service becomes impossible due to emergency situations such as fires, blackouts, or natural disasters;
(3) When the operation of the Service becomes impossible due to wars, civil strife’s, riots, disturbances, labor disputes, etc.;
(4) If the Service cannot be provided due to malfunction of the computer system used for providing the Service, unauthorized access from a third party, infection of computer viruses, etc.;
(5) If the Service cannot be provided due to measures taken in accordance with laws, ordinances, etc.;
(6) When the Company have informed the User in advance by email or other means within a reasonable extent;
(7) Other cases where the Company deems it unavoidable.
2. When the Company stops operating the Service pursuant to the preceding paragraph, the Company shall, to a reasonable extent, notify the User to that effect in advance by means of posting to the Service or the website separately designated by the Company. However, this shall not apply in the event of an emergency.
Article 7 (Disclaimer)
1. The Company do not warrant the legality, accuracy, appropriateness, validity, morality, or existence of rights or licensing with respect to any information contained in the Service.
2. The Company shall be not responsible for any damages or other disadvantages the User may suffer due to changes in the value of NFT (including, but not limited to, the User errors such as forgotten passwords, incorrectly created transactions, typing errors in addresses, server failures or loss of data, corruption of wallet files, unauthorized access to applications, viruses or phishing, brute forcing, or the use of any other means of attack against the Service or cryptographic assets).
3.The Company does not guarantee that the Service, the Contents, and NFT are free of viruses or other harmful components, nor does it guarantee the security of the data on the Service.
4.The Company shall not be liable for any damages (including but not limited to damages due to loss of information, etc.) incurred by the User due to the suspension, discontinuation, or termination of the Service in accordance with Article 6, Paragraph 1, or changes to the Service in accordance with Article 1, Paragraph 3, except in cases where the Company was intentionally or grossly negligent.
5 The Company shall not be liable for any damages arising from the environment of the communication terminal, line, software, etc. used by the User, or by computer virus infection, etc. In addition, the Company may notify the User about the relevant environment, etc. by the method separately determined.
6. The Company shall not be liable for any damages incurred by the User arising from the use of the Service other than those listed in the preceding paragraphs, except in cases where the Company was intentionally or grossly negligent.
Article 8 (Assumption of Risk)
1. The User shall use the Service with full understanding of the following risks associated with the Service.
(1) NFT’s prices fluctuate frequently, and price fluctuations can have a material and adverse effect on NFT, so there shall be no assurance that the User’s assets will not be reduced.
(2) Confirmation of taxes applicable to NFT’s transactions in the Service shall be made at the responsibility and expense of the User, and the Company shall have no involvement in such confirmation.
(3) The Service shall not store, transmit, or receive NFTs.
(4) There shall be the risk of hardware, software, and Internet connectivity, the risk of introducing malicious software, and the risk of unauthorized access to the information stored in the Wallet. The User should use the Service only after accepting the inherent security risks of providing information and transacting online via the Internet.
(5) The regulatory regimes governing blockchain technology, cryptocurrencies and tokens are uncertain, and any new regulations or policies could have a material adverse effect on the development of auctions and/or services and the utility of crypto assets.
(6) There shall be risks associated with the purchase of user-generated content. This includes, but is not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets vulnerable to metadata decay, assets with buggy smart contracts, and assets that may not be transferable. We reserve the right to hide collections, contracts, and assets affected by these or other issues. Purchased NFTs may no longer be accessible through the Service. Under no circumstances may the User bring a claim against the Company for not being able to see the User’s NFTs on the Service.
Article 9 (Limitation of Liability)
1. In no event shall we be liable to the User or any third party for any lost profits or for any indirect, consequential, exemplary, incidental, special or punitive damages arising out of these terms, services or products.
2. In no event will the extent of damages owed by the Company to the User arising out of or in connection with the Service exceed the greater of (A) $100 or (B) the amount received by us from the sale of the NFT giving rise to the claim.
Article 10 (Prohibition of Assignment of Rights and Obligations)
The User shall not transfer, succeed, pledge or otherwise dispose of any rights or obligations under these Terms to any third party without the prior written consent of the Company.
Article 11 (Revision of these Terms and Conditions)
1. The Company may revise these Terms and Conditions at any time.
2. When the Company intend to revise these Terms and Conditions, the Company shall notify the User at any time using the Service or the website specified separately by the Company.
3. In accordance with the preceding paragraph, if the User continues to use the Service after a period of time specified by the Company from the date of notification of the revision of these Terms and Conditions, the User shall be deemed to have consented to the revision of these Terms and Conditions, the amended Terms and Conditions shall become effective between the User and the Company.
4. The User shall not be able to file the ignorance or non-acceptance of such content after the time of the effective occurrence as stipulated in the preceding paragraph.
Article 12 (Consultation and Court of Jurisdiction)
1. In the event of any doubt or problem arising between the User, the Company, or the third party in connection to the Service, the Company shall consult in good faith on a case-by-case basis and attempt to resolve the issue.
2. All lawsuits and other disputes relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court in the first instance.
Article 13 (Governing law)
These Terms and Conditions shall be governed by Japanese law and construed in accordance with the Japanese law.
Effective Date 10 25,2021