OTAKU COIN Application Software Users Agreement

This "OTAKU COIN Service Agreement" (hereinafter referred to as the "Agreement") shall constitute an agreement between OTAKU COIN Association (the "Association") and "User", user of OTAKU COIN Official App service (the "Service") provided by the Association, which provides matters to be observed and determines relationship between the parties. Users shall understand this Agreement thoroughly and agree to before starting the use of the Service.

Section1
General

1. This Agreement shall provide the conditions of use of the Service. The rules and other statements regarding the Service posted on the Association's Website shall constitute a part of this Agreement.
2. A User shall agree to this Agreement before starting its use in order to continue using the Service.
3. The Association may change the contents of the Service at its sole discretion. If the Association makes modifications to the terms of this Agreement, the Association shall notify the Users or post such modifications to the Association Website. Users who used the Service thereafter or who do not take necessary procedures for de-registration within designated period of time shall be deemed to have agreed to the modified terms of the Agreement.

Section2
Definition

1. "User" shall mean a person or entity using the Service by downloading the application on User's hardware terminal.
2. "Service" shall mean storage/use of OTAKU COIN provided by the Association and its related services (including those modifications thereof, after change of its name or updates to its contents).
3. "Association Website" shall mean the website (including those modifications thereof, when the Association makes any modification) operated by the Association with its domain "https://otaku-coin.com/".
4. "License" shall mean license granted for temporary download and one-time copy of designated materials contained in Association Website. Such granted License shall be limited to personal, non-commercial, and temporary browsing. Further, such grant of License shall not constitute any transfer of ownership of the materials. License shall be granted as long as User shall not fall under the followings:
• to make copies or modifications to an element of, or, to make use of on commercial purpose, or to present for the public of whether or not on commercial purpose, the materials;
• to decompile, or to reverse engineer any software contained in the Association Website; or
• to make deletions to the copyrights, or to take other original means of writing in order to delete copyrights.
• And to transfer any of the elements to other persons, or to make copies to other servers thereof.

License granted to a User may be automatically deleted when such User violates any of the above, and the Association may delete subject element any time. When such deletion of an element or License are sited, Users shall delete subject downloaded materials whether electronically or in document form.

Section3
Service Fee

Users may use the Service with free of charge. However, there may be additional charges to be borne by User in future enhancement of the Service.

Section4
Use of Service

1. Users may use the Service, at its own responsibility, by following the procedures set forth by the Association, and as long as such uses is within the scope of this Agreement Users do not violate this Agreeent.
2. Users shall procure and maitain computers, smartphones and other devices, communication lines and other communication environment, at their own cost and responsibility.
3. Users shall, at their own cost and responsiblity, take security measures to prevent computer virus, unauthorized access, or data breach, depending on their use environment.
4. All ownerships and intellectual propertie rights regarding Association Website and Service shall belong to the Association or its licensees, and Users shall abide by the "License" provisions provided herein this Agreement. Users shall not conduct any actions which infringe or may infringe the intellectual property rights of the Association or its licensees for any reasons.

Section5
Maitenance of PIN, Security Keys, and Passwords

1. User shall be responsible to manage and maintain its code, secret key, password, etc. (collectively, the "Code") in case required with respect to the Services.
2. User shall be responsible for any loss from its lack of management, error of use, or third party's use of the Code, and the Association shall not be responsible in any way.

Section6
Confidential Information

1. "Confidential Information" in this Agreement shall mean any information regarding the Association's technology, business, operation, finance, structure, and others that are disclosed, presented, or made accessible to the User resulting from or in relation with this Agreement or the Service. However, the following information shall be exempted from Confidential Information:

   (1) which has been the public knowledge or has already been known by the User when disclosed or presented by the Association,

   (2) which has become publicly known without any User's default, after disclosed, presented or made accessible by the Association,

   (3) which has been obtained lawfully by User from a third party, who has lawful authority to disclose and present to, without any non-disclosure obligation, and

   (4) which has been developed by User by oneself without use of Confidential Information.

2. Users shall use Confidential Information only for the purpose of using the Service or for the purpose of such Confidential Information's disclosure or presentation, and shall not disclose, present, or divulge to a third party without written consent from the Association. However, User may disclose or present Confidential Information to the minimum extent necessary under the order, request or demand by law, or court/governmental order, upon prompt notice to the Association.
3. Upon request by the Association at any time, User shall immediately return or destroy Confidential Information and any documents describing or recording such Confidential Information or any other records and copies thereof, under the Association's instruction.

Section7
Prohibited Acts and Suspension of Use

1. Users shall not act any of the followings when using the Service, and when a User falls under any the followings, the Association may, without any prior notice or demand, temporarily suspend or cancel the use of the Service with respect to such User.
   

   (1) Act of infringing the Association's, other Users', or third party's intellectual property rights, portrait rights, privacy, honor and any other rights or interests (including those acts to cause such infringements directly or indirectly),

   (2) act related to criminals or violates public order,

   (3) act of violating laws and regulations, this Agreement, or any rules related thereto,

   (4) act of sending computer virus or any other information including harmful computer programs,

   (5) act of tampering information related to the use of Service,

   (6) act of sending data through the Service with a volume larger than those provided by the Association,

   (7) act which may risk to interfere the operation of Service by the Association, or

   (8) any other acts deemed inadequate by the Association.

2. When a User falls under any of the above, such User shall forfeit its benefit of time and be obligated to make payment to all of its debt to the Association immediately.
3. The Association shall not be liable for any loss borne by User for Association's action arising from this section of this Agreement.
4. User may invalidate its registration as a User by sending notice with a procedure provided by the Association.

Section8
Discontinuation of this Service

1. In the event of any of the followings, the Association may, without any prior notice to such User, suspend or discontinue all or a part of the use of Service by such User.
   

   (1) When it is necessary for urgent or routine inspection or maintenance of the computer system related to Service,

   (2) when computers or communication lines are disconnected due to accident,

   (3) when Service is unable to operate due to inevitable accidents,

   (4) when Association's property, or etc., is stolen by hacking and other means,

   (5) when an error has occurred to the system necessary for the Service,

   (6) when conducting an investigation for unauthorize use of account or other causes,

   (7) when the Association deems necessary to investigate based on law or Association rules, and etc.,

   (8) when Association determines a relationship between OTAKU COIN in User account and a proceed of crime, or its possibilities,

   (9) when liquidity of OTAKU COIN is decreased remarkably,

   (10) when specificataion of OTAKU COIN has been changed, and the Association determines not to continue all or a part of OTAKU COIN or any related services,

   (11) when the Association determines that provision of Service is not possible or is especially difficult, due to law or change of social circumstance, or

   (12) any other case the Association determines necessary for suspension or discontinuation of the Service.

2. The Association may discontinue the Service at its own convenience. In such case, the Association shall notify Users in advance.
3. The Association shall not be liable for any loss borne by Users caused due to or in relation to the Association's actions based on this section.

Section9
Disclaimers

1. The Association and its relative persons (including individuals and entities, collectively, hereinafter referred to as "Association Participants") do not ensure or shall not be liable for maintenance or use of OTAKU COIN (including establishmeng of transferring OTAKU COIN among Users) and other related services, or OTAKU COIN's value, function, place or purpose of use, "smart contract" etc., which relates to systems/ programs/ applications derived from OTAKU COIN. Moreover, Association Participants do not ensure Users beyond the provisions set forth in this Agreement, even if a User has obtained information regarding the Service or other Users from Association Participants directly or indirectly.
2. Users shall investigate on its own responsibility and fee whether use the Service violates laws or regulations applicable, and the Association Participants shall not ensure that the use of Service by a User complies to the laws and refulations apllicable to such User.
3. Users shall be responsible to handle or settle their transactions, contacts, disputes and others among other Users or other third parties, and Association Participants shall not be liable for any of such matters.
4. The Association Participants shall not be liable for any compensations on damages borne by Users in regard to suspention, termination, closure, disability, or modification of the Service by the Association, or loss of data, defects or damages on devices, or other loss due to use of Service.
5. The Association Participants shall not be liable for any websites other than the Association Website, whether or not they are liked therefrom or any other reasons, or for any information obtained therein.
6. Although a defect in Association system, in User device or web-browser, or a defect caused by other manipulation beyond the scope of this Agreement may affect OTAKU COIN amount to be displayed or its process speed within the Service, the Association Participants shall not be liable to indemnify any loss borne by User with respect to the Service in foregoing cases.
7. The Association Participants shall not be liable for delay or failure of all or a part of the Service performance due to natural disaster, war, public disturbance, revision or abolition or constitution of law or regulation, order or action by governmental authority, labor disputes, accidents on means of delivery or communication lines, sudden increase of ingredients or delivery fee, swing in exchange rate, or any other irresistable incidents not attributable to any of the parties herein.
8. The Association Participants shall not be liable for any loss borne by User due to current or future revision of law, public order, legal order, notice, bylaw, guideline and other regulations (the "Regulations") or taxations with respect to OTAKU COIN.
9. The Association Participants shall not be liable for any loss borne by User due to revisions to Regulations and taxations made effective retroactively.
10. The Association Participants shall not be liable to compensate Users for their loss due to price changes of OTAKU COIN.

Section10
Indemnifications

1. Users shall compensate any loss (including attorney fees) borne by Association Participants due to Users use of Service in violation of this Agreement.
2. The Association Participants shall not be liable for any loss due or related to Service. Notwithstanding the disclaimers on the Association Participants provided herein, in the event Association Participants are to be liable for loss of Users due to applicable consumer contract law or any other grounds, the total compensation to be borne by the Association Participants against whole Users shall not exceed 1,000,000 Japanese Yen.

Section11
Declaration and Affirmation against Anti-Socials

1. User hereby declares and affirms for the future that such User does not correspond to any of the followings.

   (1)Belongs to a crime syndicate, is a member of a crime syndicate, has been a member of a crime syndicate within the past 5 years, is an associate of a crime syndicate, belongs to crime syndicate related company, is a corporate racketeer (so called "Sokaiya"), is a member of a group engaged in criminal activities under the pretext of conducting social campaigns or a group specialized in intellectual crimes, etc., or a person equivalent to any of the foregoing (the "Anti-Social Member");

   (2)Has relations recognized as its management is influenced by Anti-Social Members;

   (3)Has relations recognized as its substantial part management has involvement with Anti-Social Members;

   (4)Has relations recognized as unfair use of Anti-Social Members, such as to gain unjustifiable profits for oneself or own company, or to cause damage to a third party;

   (5)Has relations recognized as a funding to Anti-Social Members or a provision of benefit to Anti-Social Members; or

   (6)Its directors or person who is involved in substantial part of the management have relations with Anti-Social Members, which may be socially accused of.

2. Users shall affirm not to act any of the followings by itself or through third party:

   (1)Violent act for demanding,

   (2)Unreasonable demand beyond legal responsibilities,

   (3)Threatening words or behaviors, and violence in connection with its transaction,

   (4)Spread of rumors, use of fraud or power of authority, in order to discredit others or to interfere other's business

   (5)Any other acts similar to the above.

Section12
Assignments

1. Users may not assign, remove, set securities, or dispose otherwise of is positions or rights and obligations set forth in this Agreement to any third party without written consent from the Association.
2. The Association may, when it transfers its business regarding the Service (in any way), assign its rights and obligations set forth in the Agreement and transfer all or part of Users' registration information and other customer information to the transferee, and the Users shall be deemed to have agreed to such assign and transfer.

Section13
Severability

If all or any part of the provisions in this Agreement is judged invalid or unenforceable due to civil law, consumer contract law, or other laws and regulations, the remaining provision of this Agreement or remaining part of the provision judged invalid or unenforceable shall continue to be effective in its entirety, and the Association and Users shall make efforts to secure equivalent effect with such invalid or unenforceable provision or a part thereof from legal or economic point of view, by making reasonable amendments to cause legitimacy or effectiveness to such provision or a part thereof.

Section14
Survials

Section 4-(4) and Section 13, this Section and Section 15 of this Agreement shall survive and be effective after the termination of this agreement. Moreover, Section 6 shall continue to be effective for one year from the date of termination of this Agreement.

Section15
Governing Law and Authority

This Agreement shall be construed under the laws of Japan, and Tokyo District Court shall be the exclusive competent court of first trial for any disputes arising from or related to this Agreement.