NFT Terms of Use

These terms and conditions apply to the use of the NFT "TOKI AIR NFT" (hereinafter referred to as "this NFT") provided by our company.

Chapter 1
General Provisions

1. Article 1 (Definitions)

   In these terms and conditions, the definitions of the following terms used shall be as set forth in each item.

   1. "Our company"
      Refers to Toki Air Corporation.
   2. "Purchaser"
      Refers to those who have completed the purchase of this NFT through the method specified by our company in Article 5 (Purchase).
   3. "Transferee"
      Refers to those who have secondarily transferred or purchased this NFT from the purchaser through the NFT platform or similar means.

2. Article 2 (Application of these terms and conditions, etc.)

   1. These terms and conditions shall apply to all purchasers.
   2. If our company separately stipulates individual provisions (individual terms and conditions, etc.) for this NFT, such individual provisions shall also form part of these terms and conditions. However, if the contents of these terms and conditions and the individual provisions contradict or conflict, the individual provisions shall prevail.

3. Article 3 (This NFT)

   1. This NFT refers to the "TOKI AIR NFT" (including normal edition, premium edition, and other versions) sold by our company through the website (the top page URL is "https://tokiair-nft.com/", hereinafter referred to as "this site"), and owning it enables you to receive the benefits listed on this site (hereinafter referred to as "this benefit").
   2. The content of this benefit and other matters related to this NFT may be changed from time to time based on the judgment of our company, and in this case, our company will post the content after the change on this site to make it known.

4. Article 4 (Notice)

   1. If our company needs to notify information or guidance related to this NFT, or otherwise needs to notify the purchaser based on these terms and conditions, our company will notify the purchaser by one of the following methods chosen by our company according to the content.
      1. Method of sending an email to the purchaser's contact email address.
      2. Method of posting on this site.
      3. Method of announcing on a community site specified by our company.
      4. Other methods that our company deems appropriate besides (1) to (3)
   2. The notice in the previous paragraph shall be effective from the time it is sent or posted by any of the methods in each item of the previous paragraph. In addition, our company shall not be liable for any damages, etc., caused by the purchaser not being able to confirm or not confirming the notice despite our company having made the notice.
   3. Our company shall not be obligated to individually notify the transferee of information or guidance related to this NFT.

Chapter 2
Provisions concerning the Purchase and Use of This NFT

1. Article 5 (Purchase)

   1. To purchase this NFT through this site, you need to agree to these terms and conditions and go through the prescribed purchase procedure set forth on this site. Please note that when the purchase procedure is performed, our company shall consider that the applicant has agreed to these terms and conditions.
   2. The purchase of this NFT through this site is completed when the purchase procedure in the preceding paragraph is completed.
   3. Our company shall not be obligated to individually notify the transferee of information or guidance related to this NFT.

2. Article 6 (Use of this NFT)

   1. We grant the purchaser of this NFT a non-exclusive, non-transferable (except in the case provided for in paragraph 1 of Article 8 (Sales to Assignees)) right to use this NFT and the art associated with it (hereinafter referred to as "Art") in accordance with these Terms and Conditions.
   2. In addition to the previous paragraph, we grant the purchaser the non-exclusive, non-transferable right to use the associated benefits.
   3. The purchaser shall use the NFT, the Art and the benefits at their own risk, and if any damage is caused to a third party or a dispute arises as a result of such use, the purchaser shall resolve these situations at their own expense and responsibility. We are not liable for any such damage.
   4. The purchaser is responsible for providing, implementing, setting, and managing the necessary terminal, communication equipment, and internet environment to use the NFT, Art, and benefits.
   5. Any taxes and duties imposed on the purchase, transfer (limited to the transfer in paragraph 1 of Article 8 (Sales to Assignees)), possession, or use of the NFT shall be borne by the purchaser. The purchaser shall pay any taxes and duties imposed on them at their own responsibility and judgment.

3. Article 7 (Rights)

   All copyrights and other intellectual property rights and related rights to the NFT, Art, and the benefits belong to us. Therefore, even after the purchase of the NFT, the copyrights and other intellectual property rights and related rights to the NFT, Art, and the benefits remain with us and do not transfer to the purchaser, except for the rights the purchaser obtains under paragraph 1 of Article 6 (Use of this NFT).

4. Article 8 (Sales to Assignees)

   1. The purchaser may transfer the NFT and the rights to use under paragraphs 1 and 2 of Article 6 (Use of this NFT) to an assignee, subject to the following:
      1. The purchaser is responsible for making the assignee of the NFT accept and comply with all terms of these Terms and Conditions and the terms of use of the related NFT platform.
      2. If the assignee violates these Terms and Conditions or the terms of use of the related NFT platform and causes damage to us or a third party, the purchaser is jointly liable.
      3. We are not responsible for any transactions related to the NFT by the purchaser, and if a dispute arises between the purchaser and the assignee, the purchaser is responsible for resolving it.
      4. The rights obtained by the purchaser under paragraphs 1 and 2 of Article 6 (Use of this NFT) will be extinguished at the time of the transfer.
   2. Notwithstanding the provisions of the preceding paragraph, if the right to use the NFT, Art, and the benefits or any other rights have been invalidated under Article 14 (Termination of License) or Article 15 (Anti-social Forces) or any other provisions of these Terms, or if the purchaser is in violation of any term of these Terms or the terms of use of the related NFT platform, the purchaser may not transfer the rights to use under paragraphs 1 and 2 of Article 6 (Use of this NFT) to a third party.
   3. The purchaser is responsible for ensuring that the assignee complies with these Terms, and if the assignee violates these Terms, the purchaser is jointly liable.

5. Article 9 (Prohibited Acts)

   1. The Purchaser shall not engage in any act that falls under or is likely to fall under any of the following:
      1. Acts that violate any provision of these Terms.
      2. Acts that modify, adapt or change the design, shape, color scheme, etc. of this NFT and Art.
      3. Acts that infringe on the copyrights, intellectual property rights, privacy rights, or other rights of the Company or a third party.
      4. Acts that discriminate against, defame, or damage the reputation or credibility of the Company or a third party.
      5. Assigning or transferring the position or rights and obligations of the Purchaser under these Terms to a third party (except in the case of Article 8 (Sale to Assignee) Paragraph 1).
      6. Using this NFT, Art, and Benefits to advertise or sell their own services, or for other commercial purposes such as displaying, distributing, or duplicating.
      7. Unless permitted under these Terms, disposing of rights such as the right to use this NFT, Art, and Benefits, or other rights by transferring or selling them.
      8. Acts that disrupt or hinder the smooth operation of the Company's business or the provision of services related to this NFT, Art, and Benefits, regardless of means.
      9. Acts that violate laws and regulations, public order and morals, and other acts that the Company deems inappropriate, in addition to the above.
   2. If the Company determines that the actions of the Purchaser correspond to or are likely to correspond to any of the items in the preceding paragraph, it may immediately take measures it deems appropriate to prevent the prohibited acts and suspend the use of this NFT, Art, and Benefits. In addition to or instead of these measures, the Company may request the Purchaser to stop the prohibited acts or to take measures such as data deletion, and the Purchaser shall comply with such requests.
   3. If any claim or objection is raised by a third party due to a violation of this Article by the Purchaser, the Purchaser shall resolve it at their own expense and responsibility, and the Company shall not bear any responsibility.

Chapter 3
Provisions Regarding Operations

1. Article 10 (Business Outsourcing)

   1. The Company may delegate some or all of the work related to the development, improvement, troubleshooting, maintenance, operation, and provision of benefits of this NFT and Art to a third party that the Company deems appropriate.
   2. The Company shall be able to disclose information and data obtained from the Purchaser, and other information regarding the Purchaser, to the business delegate in the preceding paragraph. In this case, the Company shall ensure that the external delegate handles personal information and confidential information appropriately.

2. Article 11 (Use of Data, etc.)

   1. The Company may use the information and data obtained from the Purchaser in the following ways after anonymizing it so that individuals cannot be identified and processing it into a format that is not considered personal information.
      1. Use for the development, production, sale, research, analysis, statistics, or marketing of commercial products or services by the Company, or for the utilization of technical inventions, ideas, creations, research, analysis, or statistics.
      2. Use for improving, enhancing, adding, researching, investigating, or analyzing the performance, quality, function, or services of this NFT, Art, and Benefit.
      3. Posting on media materials, business materials, and sites related to promotions for this NFT, Art, and Benefit, or other media.
      4. Posting on social media, websites, or magazine media for advertising and promotional activities of this NFT, Art, and Benefit.
      5. Use for the business conducted by the Company based on these Terms and Conditions.
      6. Other uses associated with the preceding items.
   2. Anonymization as provided in the preceding paragraph refers to the deletion of information that can identify an individual (such as name, title, phone number, and email address).

3. Article 12 (Suspension of the Provision of Benefits)

   The provision of this Benefit may be temporarily suspended in part or in whole without prior notice to or the consent of the Purchaser in any of the following cases.

   1. If the Purchaser violates these Terms and Conditions.
   2. If maintenance, construction, relocation, or other work is required on the website, etc., for the provision of this Benefit.
   3. If the provision of this Benefit becomes difficult or impossible due to force majeure such as computer virus damage, fire, power outage, natural disasters, etc.
   4. If the services of telecommunications carriers, server operating companies, data center operating companies, or other operators related to this Benefit are not provided, or if it is unavoidable due to their circumstances.
   5. If a temporary suspension is required due to measures based on laws and regulations.
   6. If the provision of this Benefit becomes difficult or impossible due to unforeseen circumstances or technical or operational reasons.

4. Article 13 (Disclaimer)

   The benefit may be temporarily suspended, in whole or in part, without prior notice or consent from the Purchaser, in the event that any of the following applies.

   1. This NFT and Art are provided as is, and the Company makes no warranties, express or implied, of any kind, including but not limited to, the compatibility with a specific intended use of the Purchaser, full correspondence with facts, completeness, accuracy, usefulness, or absence of defects in this NFT and Art.
   2. The Company shall not be liable for any damages incurred by the Purchaser, assignee, or any other third party due to the use or inability to use this NFT, Art, or Benefit.
   3. The Company makes no warranty whatsoever as to the completeness or continuity of the blockchain technology related to this NFT. The Company shall not be liable even if the right to use the NFT purchased by the Purchaser is limited due to a defect in the blockchain technology.
   4. The Company does not guarantee that the value of this NFT, Art, and Benefit purchased by the Purchaser will be maintained or increase after the purchase of this NFT.
   5. The Company shall not be liable even if the website where these Terms and Conditions are posted becomes unviewable due to maintenance or system failure, etc.
   6. The Company shall not be liable for any damages, etc. incurred by the Purchaser, assignee, or any other third party due to the following causes, regardless of non-performance liability and any other legal claim.
      1. Defects or problems with this NFT, Art, and Benefit due to a virus undetected by antivirus software.
      2. Defects or problems with this NFT, Art, and Benefit due to unauthorized access or attacks, etc., by a third party that could not be prevented even with the care of a good manager.
      3. Defects or problems with this NFT, Art, and Benefit due to the individual environment of the Purchaser.
      4. Defects or problems with this NFT, Art, and Benefit due to the server operating company, telecommunications carrier, data center operating company, or NFT platform operating company, etc.
      5. Defects or problems with this NFT, Art, and Benefit due to other services, software, systems, equipment, and hardware, etc., that are not directly related to this NFT, Art, and Benefit.
      6. Defects or problems with this NFT, Art, and Benefit due to other causes not attributable to the Company.
   7. The Company shall not be liable for any damages, etc., incurred by the Purchaser, assignee, or any other third party due to the measures or responses taken as specified below.
      1. Measures based on Paragraph 2 of Article 9 (Prohibited Acts).
      2. Termination of use license based on Article 14 (Termination of License) or Article 15 (Anti-Social Forces).
   8. The Company shall not be liable for any damages arising from causes that cannot be attributed to the Company, including but not limited to force majeure such as natural disasters, as well as for indirect damages, derivative damages, lost profits, data loss, and data damage, whether foreseeable or not.
   9. The amount of damages the Company is liable for due to a clear fault of the Company in relation to this NFT, Art, and Benefit, and these Terms and Conditions shall not exceed the purchase price paid by the Purchaser when purchasing this NFT.

Chapter 4
Provisions on Termination of License

1. Article 14 (Termination of License)

   In the event that the Purchaser violates these Terms and Conditions, the Company may immediately terminate the license for the NFT, Art, and Benefits associated with said Purchaser, upon notification to the Purchaser.

2. Article 15 (Anti-Social Forces)

   1. The Purchaser warrants to the other party that they do not fall under any of the following and also guarantees that they will not fall under any of the following in the future.
      1. Being an antisocial force (meaning a gang member as defined in Article 2, Paragraph 6 of the Act on Prevention of Unjust Acts by Gang Members (hereinafter referred to as "Act against Boryokudan") or similar person; the same shall apply hereinafter) or a person who has not been an antisocial force for less than 5 years.
      2. Being recognized as having substantial involvement in the management by antisocial forces.
      3. Being recognized as using antisocial forces for the purpose of seeking unjust benefits for oneself or a third party, or causing damage to a third party.
      4. Being recognized as cooperating with or involving in the maintenance and operation of antisocial forces, such as providing funds to antisocial forces or providing conveniences.
      5. Being recognized as having a socially reprehensible relationship with antisocial forces.
   2. The Purchaser promises not to engage in any of the following acts, either by themselves or through the use of a third party.
      1. Violent demands.
      2. Unjust demands beyond legal responsibility.
      3. Threatening behavior or use of violence in relation to transactions.
      4. Disseminating rumors, using deceit or force to damage the other party's credit or interfere with the other party's business.
      5. Other acts similar to the foregoing.
   3. If the Purchaser falls under any of the preceding paragraphs, the Company may immediately terminate the license for the NFT, Art, and Benefits by notification to the Purchaser without any demand.

3. Article 16 (Measures upon Termination of License)

   Even after the termination of the license for the NFT, Art, and Benefits, these Terms and Conditions will continue to apply to the Purchaser, and the Purchaser shall continue to comply with these Terms and Conditions.

Chapter 5
General Provisions

1. Article 17 (Obligation for Purchaser's Damage Compensation)

   If the Company suffers any damage due to a violation of these Terms and Conditions by the Purchaser as a result of the Purchaser's responsibility, the Purchaser shall compensate for such damage at their own responsibility and expense.

2. Article 18 (Amendment of these Terms and Conditions)

   1. The Company may amend these Terms and Conditions based on the Company's judgment in any of the following cases:
      1. When the amendment of these Terms and Conditions is in accordance with the general interest of the Purchasers.
      2. When the amendment of these Terms and Conditions does not contradict the purpose of purchasing the NFT, and is reasonable in light of the necessity of the amendment, the appropriateness of the content after the amendment, the content of the amendment, and other circumstances concerning the amendment.
   2. When amending these Terms and Conditions, the Company will notify the following by the effective date of the amended Terms and Conditions:
      1. Method of notifying to the Purchaser's contact email address.
      2. Method of posting on this site.
      3. Method of making it known on a community site designated by the Company.
      4. Other methods that the Company deems appropriate, in addition to (1) to (3).
   3. If the Purchaser uses the NFT, Art or Benefits after the effective date of the amended Terms and Conditions, it will be deemed that they have agreed to the amendment of the Terms and Conditions.

3. Article 19 (Resolution of Disputes)

   1. If a dispute or doubt arises regarding the provisions of these Terms and Conditions, the parties shall consult and resolve the issue based on the principle of good faith and sincerity.
   2. The governing law for these Terms and Conditions is Japanese law, and any dispute arising from these Terms and Conditions will be subject to the exclusive jurisdiction of the district court or the summary court that has jurisdiction over the location of our headquarters, according to the amount of dispute.

Enacted and enforced on May 26, 2023.