Alkenome Monsters Terms of Service These Terms of Service (hereinafter referred to as the "TOS") set forth the terms and conditions that apply when the customer (hereinafter referred to as the "User") uses this service (hereinafter referred to as the "Service") offered by double jump.frog Inc. (hereinafter referred to as "DJF").
By using the Service, the User agrees to be bound by all the terms and conditions set forth in the TOS. The Service is delivered via a web browser, and it may also be delivered through other smartphone apps or in other formats. The User's consent to the TOS in any of these delivery formats for the Service is valid when the Service is used through any other delivery format.
1. When a minor uses the Service, the consent of a parent or legal guardian (hereinafter referred to as the "Parent") is required for any and all conduct (including giving consent to the TOS) related to the use of the Service, including the purchase of items for a fee, transactions requiring the payment of a fee, and any other services provided for a fee (hereinafter collectively referred to as the "Paid Services"). 2. DJF may set a maximum monthly monetary usage amount for minors using the Service. If we do so, the minor may purchase the Paid Services only within this limit. If a User who was a minor uses the Service after reaching the age of adulthood, the User will be deemed to have affirmed all conduct associated with the use of the Service while that user was a minor.
1. DJF creates a unique user account for each user (hereinafter referred to as the "Account"). The User shall use the Service through their own Account. DJF may establish procedures for registering users (hereinafter referred to as the "Account Registration"). When there is a change in the information for the User's Account, the User shall promptly follow the procedure for making changes as specified by DJF. . When the User changes the device used due to a device model change or some other reason, and they wish to continue using the same Account on the new device (hereinafter referred to as the "Migration"), the User shall follow the procedure prescribed by DJF. DJF shall determine the extent to which the Migration of the Account is possible.
1. When the User uses the Service via a web browser, they shall use the browser, designated by DJF and the feature for keeping cryptocurrency (including, but not limited to, virtual currency defined in the Payment Services Act) (hereinafter referred to as the "Wallet"). 2. The cryptocurrency in the Wallet shall be administered by using storage space on the User's own device. DJF does not offer any means of online administration. Deposits into the Wallet and withdrawals from the Wallet are made at times and using methods prescribed by DJF.
1. The User shall not cause a third party to use their device, Account, private key, or password (hereinafter collectively referred to as the "Account Access"), nor share these with a third party. DJF does not control the User's device or private key. 2. In using the Service, the User shall be responsible for controlling their own Account Access, and the User shall be solely liable for any acts committed while using their Account Access. 3. DJF shall deem any acts committed while using the User's Account or private key to be acts committed by (i) the User to whom that Account has been given or (ii) the User who controls the private key, regardless of who was actually the individual using these at the time. 4. Except in cases of willful misconduct or gross negligence on the part of DJF, DJF shall not be liable for any damages (including the loss of or inability to use the cryptocurrency in the User's Wallet) suffered by the User in the event of the malfunction or loss of device used by the User; a third party malware, spyware, virus, hacking/cracking attack; inadequate control or erroneous use of the Account Access; or use of the Account Access by a third party. 5. When there is a risk that the User's Account Access may be improperly used by a third party, the User shall, along with promptly notifying DJF, take necessary measures to avert such improper use. 6. DJF shall not be liable for any harm to the User that arises when the User has lost the Account Access or has forgotten the Account Access information (including the loss of cryptocurrency in the Wallet or any other state attained in the Service (hereinafter collectively referred to as the "Usage Data") and the loss of blockchain data associated with the Service). 7. The User acknowledges that it will be impossible for the User to use the Wallet if they are missing either their device, the private key, or password, and that it will be impossible for DJF to render any remedy with respect to that Wallet.
1. DJF may provide the Paid Services and Paid Date to the User through the Service. As part of the Paid Services, DJF may establish fees or other charges for activity among users. 2. The User may purchase and pay DJF for the Paid Services and Paid Date solely at the price and using the payment method specified by DJF. If the User has followed the purchase process but DJF is unable to verify that the corresponding payment has been made, the purchase may not be reflected in the User's Account. 3. In the event of any payment-related dispute between the User and a third party other than DJF, the User shall endeavor to resolve the dispute with that third party, and DJF shall not be liable except in cases of willful misconduct or gross negligence on the part of DJF. 4. DJF will not issue a refund for any Paid Services and Paid Date purchased by the User except as separately specified, or as required by the applicable laws and regulations. 5. DJF may post terms of purchasing, paying for, or using the Paid Services and Paid Date in the Service or in other places to which viewers can be directed from the Service. When such terms are posted, a person using the Service shall purchase, pay for, and use the Paid Services and Paid Date in accordance with such terms. 6. The restrictions set forth separately in the Services may apply to the purchase and use of the Program by minor users.
1. The User shall be responsible for the cost of purchasing, installing, and maintaining any equipment or software, telecom charges (including data usage charges), electricity costs, or any other expenses necessary for using the Service. 2. DJF may indicate a recommended user environment for the Service, but is not responsible for the setup or the costs of the environment.
1. All copyrights, patents, trademarks, or other intellectual property rights associated with the Service (hereinafter referred to as the "Intellectual Property Rights") shall be owned by DJF or third parties that have lawful rights to the same. 2. The User shall not, without DJF's consent, reproduce, adapt, or publicly transmit any of the data provided by DJF through the Service, or use the Service in a way that infringes on DJF's Intellectual Property Rights; provided, however, that this does not apply when the purpose is for personal use.
1. Unless otherwise provided for in the TOS, the User shall have no ownership rights, Intellectual Property Rights, or any other rights in any sense with respect to the Usage Data, and shall be entitled to use the Service only to the extent permitted under the TOS. 2. DJF may delete, move, or otherwise modify some or all of the Usage Data anytime without prior notice to the User if: (1) the content of the Usage Data violates the TOS; (2) it has become difficult for DJF to retain the Usage Data because the size of the Usage Data may exceed the limit separately specified by DJF or for some other technical reason; (3) DJF has determined that such action is necessary in order to provide, maintain or manage the Service; (4) DJF has determined that it will interfere with the seamless delivery of the Service; or (5) DJF has otherwise determined that such action is necessary.
1. In the Service, "Asset" refers to information that the User can hold on the Service, as defined in the Service. In the Service, "Asset" has one (1) type of "Alkemon". 2. The methods and conditions to be met in order for the User to obtain an Asset are established through the Service. 3. The User may assign an Asset to another user using the method prescribed by DJF. Other Users who have been assigned assets under this clause may use the Assets of the Services. We confirm that the copyright and other intellectual property rights are not assigned to other users. 4. When Assets are minted or transferred in ways not intended by DJF, DJF may restrict the assets’ transfer to a third party.
1. User can generate image data (hereinafter referred to as "Art") on the Service and register it in Alkemon Assets. 2. The Service's ability to generate Art is subject to the technical limitations of existing AI capabilities, and is therefore affected by the structure of the sentences entered, inappropriate words, AI performance, etc., and may not always generate accurate Art, and we do not represent or warrant that it will generate accurate Art. 3. The copyright and usage regulation of the generated art is subject to Stable Diffusion's terms and conditions.(https://huggingface.co/spaces/CompVis/stable-diffusion-license) 4.User owns the Content that user generate using the Services to the extent permitted by applicable law. 5.When an Alkemon asset is transferred, the copyright in the art associated with the asset is transferred at the same time. 6. DJF Company may use the generated art in the Service or in services related to "Alkenome Monsters" on a perpetual basis free of charge.7. If an Art infringes or threatens to infringe the copyright or other intellectual property rights of any third party, or is deemed by DJF to be excessively graphic, offensive, insensitive or harmful, it may be hidden at our discretion. 8. The conversion of text data into images transmitted by the User via the Service is not used, processed, reproduced or adapted by the Company on an intentional basis, but is performed mechanically solely by the AI function of the Service. Therefore, DJF shall not participate in or guarantee the protection of copyrights, trademark rights, portrait rights and other intellectual property rights or other rights of such texts or images. For this reason, Users shall use the Services at their own risk and shall remedy any infringement of third party rights resulting from the use of the Services at their own risk and expense, for which the Company shall have no responsibility whatsoever.
The User shall not use the Service to engage in the following activities, or any other activity that may possibly be categorized as such acts: (1) Acts that violate any applicable laws and regulations, public policy, or the TOS; (2) Criminal acts, conduct that leads to criminal acts, or conduct that promotes such acts; (3) Posting information that is harmful to adolescents (as defined in Article 2, Paragraph 3 of the Act on Development of an Environment that Provides Safe and Secure Internet Use for Young People), or luring children to become a partner in sexual acts; (4) Sending or storing text or images with child pornography or other content that would make other users uncomfortable; (5) Engaging in any conduct for the purpose of having intercourse with others or an obscene act or encounter; (6) Sending or storing data about dating with unknown others; (7) Using false information to register as a user, or otherwise providing or disseminating untruthful information to DJF or third parties through the Service; (8) Using or selling or purchasing drugs, especially contraband such as stimulants or narcotics, or recommending or encouraging minors to drink, smoke, or gamble; (9) Encouraging or recommending suicide or self-harm; (10)Posting content that libels, defames, or insults a third party or content that harms the reputation or credibility of a third party, or other harassing conduct; (11)Posting expressions that lead to discrimination based on race, ethnicity, gender, creed, social status, place of residence, physical characteristics, medical history, education, or wealth; (12)Commercial activities outside of the Service, or preparing for such activities by using the Service or data provided through the Service (including selling, or offering to sell, Profiles or private keys outside the Service, irrespective of the type of consideration, but excluding any act that is permitted under the TOS); (13)Encouraging involvement in political groups or religious organizations, or otherwise engaging in political or religious activity; (14)Improperly collecting or using other users' personal information; (15)Infringing on the Intellectual Property Rights and Moral Rights of DJF or a third party; (16)Creating, distributing, or using an outside program such as a bot or cheat tool (including, but not limited to, outside tools to manipulate the results from using the Service in ways not intended by DJF); (17)Using the results obtained by a third party via the type of outside program described above for oneself; (18) Using multiple accounts for this service with the purpose of offending against any of this section; (19)Improperly manipulating the results obtained from using the Service by oneself or in collaboration with another user, or by taking advantage of another user's actions; (20)Putting a significant burden on the servers or networks used to run the Service; (21)Engaging in any unauthorized access; (22)Deliberately providing or disclosing information about deficiencies in the Service to a third party other than DJF; (23)Posing as DJF, another user, or other individual or organization associated with the Service, or therwise somehow misleading a third party about one's association with the Service; (24)Submit or transmit any viruses, worms, Trojan horses and other harmful or malicious code, files, scripts, agents or programs ; (25)Modifying, damaging, disassembling, decompiling, or reverse engineering the program used in the Service; (26)Modifying, damaging, disassembling, decompiling, or reverse engineering the OS installed on the device (including rooting or jailbreaking a device); (27)Harming or otherwise somehow inconveniencing DJF or a third party; (28)Interfering with the normal delivery of the Service; (29)Damaging the credibility of DJF or the Service; or (30)Any other act that DJF determines to be improper;
DJF may refuse to allow the User to begin using the Service, suspend or restrict the User's use of the Service, or delete the User's Usage Data or Account if: (1) the User has violated the TOS, including engaging in the prohibited conduct listed in the preceding section, or DJF determines there is a likelihood of such a situation; (2) the User has engaged in conduct (including acts or omissions outside of the Service) that has interrupted or interfered with the provision of the Service, or DJF determines there is a likelihood of such situation; (3) the User has used the Service in a way other than that specified by DJF, or some other improper way; (4) the User has been sanctioned by DJF in the past under this section; or (5) DJF otherwise determines that the User would be inappropriate as a user of the Service.
1. DJF may, without prior notice to the User and at its discretion and for any reason, in whole or in part, change, suspend or terminate the provision of the Service at any time. 2. DJF may, without prior notice to the User, suspend or terminate delivery of the Service temporarily or for an extended period if: (1) it becomes impossible to provide the Service due to an earthquake, tsunami, typhoon, lightning, heavy rains, flooding or other another disaster; or due to a fire, power outage or other unforeseen another; or due to war, unrest, riots, civil disturbance, or a labor dispute; (2) it becomes impossible to provide the Service due to scheduled or emergency maintenance on the systems necessary to deliver the Service; due to network congestion; or due to a disruption at a service provider; or (3) other than as listed above, DJF determines that it is necessary to suspend or terminate the provision of the Service for business or technical reasons. 3. DJF shall not be liable for any damages suffered by the User as a result of any change, suspension or termination of the Service pursuant to this section.
1. The User acknowledges that the service and information provided in the Service are by nature updated on a daily basis. DJF does not warrant that the existence and content of such service and information are perpetual. 2. Except in cases of willful misconduct or gross negligence on the part of DJF, DJF shall not be liable for any damage suffered by the User or any third party as a result of the use of or inability to use the Service (including the extinction of cryptocurrency in the Wallet, or any information necessary for the use of the cryptocurrency). 3. DJF does not warrant the completeness, accuracy, adequacy, usefulness, timeliness, legality of the Service or the information provided by the Service, or the conformity of the same with the use purpose and environment of the User. Except in cases of willful misconduct or gross negligence on the part of DJF, DJF shall not be liable for any damage arising from the User’s use of the Service or such information, or inability by the User to use the same. 4. As to any and all websites of third parties that may be accessed through the link from the Service, DJF does not warrant the legality, integrity, safety, or accuracy of the contents, etc. of such websites, or that such content, etc., are not offensive to public policy. 5. Except in cases of willful misconduct or gross negligence on the part of DJF, DJF shall not be liable for any loss or damage arising from the User’s use of such websites, or products or services provided through such use. 6. DJF does not warrant that the Service does not infringe the rights of any third party. 7. Except in cases of willful misconduct or gross negligence on the part of DJF, DJF shall not be responsible for any dispute between the Users or between the User and the third party that arises from the use of the Service. 8. Except in cases of willful misconduct or gross negligence on the part of DJF, DJF shall not be liable for any damage suffered by the User arising from any unauthorized access to the Service, invasion of computer viruses, or any conduct of third parties. 9. Except in cases of willful misconduct or gross negligence on the part of DJF, DJF shall not be liable for any damage suffered by the User arising from telecommunication providers, electric power suppliers or other service providers. 10. Except in cases of willful misconduct or gross negligence on the part of DJF, DJF shall not be liable for the deletion or loss of information relating to the Service, loss of data due to the use of the Service, any trouble or damage in or to any equipment or other damage suffered by the User in connection with the Service.
1. In the event that the User inflicts any damage to DJF as a result of the violation of any provision set forth in the TOS, or otherwise due to reasons attributable to the User, the User shall be liable for the damages suffered by DJF (including reasonable attorney’s fees). 2. Even in the event that DJF is held liable for any damage suffered by the User pursuant to the Consumer Contract Act, or other applicable laws and regulations, the provision that limits the liability of DJF notwithstanding, DJF’s liability shall be limited to the amount of the price (or other economical value) actually received from the relevant User during the period of one month immediately preceding the occurrence of the event that directly caused the damage. The above limitation does not apply if there is any willful misconduct or gross negligence on the part of DJF. However, even in such case, DJF’s liability for damages shall be limited to the damages directly suffered by the User, and such damages shall not include consequential damages, incidental damages or indirect damages such as loss of profit, regardless of whether or not that was actually foreseen by DJF or was foreseeable.
The User may not assign, change the name, pledge, or offer as collateral to a third party the status or rights and obligations that they have as a user under the TOS, in whole or in part, or otherwise dispose thereof.
1. DJF may, at its own discretion, amend the TOS at any time without prior notice to the User. 2. Except when otherwise specified by DJF, the TOS amended pursuant to the preceding paragraph shall become valid at the time that DJF provides notice of the revisions via the Service.
1. Even if any of the provisions of the TOS are deemed invalid pursuant to law/regulation, this will have no effect on the validity of the other provisions. 2. Even if any of the provisions of the TOS are deemed invalid or canceled in relation to a particular User, this will have no effect on the validity of the provisions in relation to other Users.
The TOS shall be governed by and interpreted in accordance with the laws of Japan. The Tokyo District Court shall have exclusive jurisdiction as the court of the first instance with respect to any dispute pertaining to the Service.
The original Japanese version of these TOS may have been translated into other languages. In the event of inconsistency or discrepancy between the Japanese version and any other language version, the Japanese language version shall prevail.
Effective February 21, 2023 double jump.frog Inc.