DOSI Biz Terms of Service
Chapter 1: General Provisions
1.Purpose
The purpose of these Terms of Service (hereinafter referred to as “Terms”) is to set forth the rights, obligations and responsibilities of the user (the “User” or “you”) in using the DOSI Biz service available at the domain name of dosi.line.biz (the “Site”) operated by LINE NEXT Inc. (the “Company” or “we”) after joining as a corporate (or other entity) member (or, as applicable, as a sole proprietorship) and utilizing related sales services and/or other services (hereinafter referred to as the “Service”).
2.Definitions
For the purposes of these Terms, the following capitalized terms will have the meanings set forth below:
"DOSI Biz" means the operating service that allows certain entity and/or sole proprietorship Users who, as applicable, sell NFTs in the DOSI Store or on other DOSI-related services to register and display NFTs they want to sell, manage the sales of registered NFTs, check asset details, review sales revenue and profit status, and manage the account and related details of such User.
“DOSI Wallet” means a service that provides functions that enable users of NFT-related services provided by the Company to deposit, store, check and administer their NFTs purchased via the DOSI Store (or other DOSI-related services) or otherwise received in connection with related services provided by the Company.
“DOSI Store” means the individual services provided within the DOSI platform that enable sellers (or other holders of relevant rights) to introduce NFT products to users thereof and assist such users to make purchases via the sales services.
"Exhibit" means the act of posting and sending information necessary for product transactions to be effected on the DOSI Store or other DOSI-related services, allowing users to view and purchase the product in the DOSI Store or other DOSI-related service, and “Exhibition” shall have a correlative meaning referring to the relevant information so sent or posted.
“NFT” means a one-of-a-kind, non-fungible, cryptographic token representing a unique digital asset for which there is no copy or substitute. An NFT cannot be substituted for another NFT as each NFT is distinctive and unique in some way. An NFT is not a medium of exchange and is not convertible virtual currency.
“Ownership” means, with respect to an NFT, certain rights associated with the acquisition or receipt of such NFT, including, but not limited to, the right to possess, Right to Use and Right to Dispose of such NFT.
“Right to Dispose” means the right held by a user who has purchased or received the Ownership of an NFT within the DOSI services to sell and/or otherwise transfer Ownership of such NFT to another user.
“Right to Use” means the right held by a user who has purchased or received the Ownership of an NFT within the DOSI services to make use of such NFT for personal, non-commercial purposes.
“Sales Member” (also referred to as “B2C Seller” in the terms of service of other DOSI-related services) means a User who intends to sell an NFT through the sales service provided by the Company utilizing the DOSI Store or other DOSI-related services. A Sales Member owns (or otherwise holds all relevant rights associated with) the intellectual property rights for content associated with such NFT and has Ownership of such NFT and holds all responsibilities for the sale of the NFT and obligations associated therewith.
“Partner Member” means a User who holds the intellectual property rights for content associated with an NFT (either as owner thereof or as a valid licensee thereof) that is to be directly sold by the Company and who has assigned, licensed or delegated (or will assign, license or delegate) such rights to the Company in connection with the sale by the Company of such NFT.
“User” means any user of the Service. Each User is either a “Sales Member” or a “Partner Member” depending on the type of user account registration for the Service.
“Finschia” means the blockchain mainnet operated by the Finschia Foundation and the entire network environment operating on the mainnet.
3.Important Notice
(i)If you (1) do not consent to these Terms, (2) (in the case of an individual acting as a sole proprietor or in a similar capacity) are not at least fully 19 years old, or (3) are an entity that is registered or with a principal place of business in Japan, or a sole proprietor located in Japan, or (4) are prohibited from accessing or using the Service or any of its content, products or services by applicable laws or these Terms, you may not access the Site or make use of the Service.
Given that this document contains important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you, please read carefully, understand and thereafter agree to these Terms. By using the Service, you agree to be legally bound by these Terms and, as applicable, consent to the collection, use, disclosure, and other processing of the information as set forth in the Privacy Policy relating to the DOSI services.
(ii) By making use of the Service, you affirm that you consent to these Terms and are bound by these Terms. If you make use of the Service on behalf of a legal entity, you affirm that you have the legal right to cause such legal entity to be bound by these Terms. You also confirm that each individual officer or authorized person (including, if applicable, an individual acting as a sole proprietor) acting for you in connection with your entry into and performance of these Terms is at least fully 19 years of age. If you do not have such authority or do not consent to these Terms or if an individual officer or authorized person does not meet the stated age requirement, or if you and/or such legal entity (or, as applicable, sole proprietorship) has not complied with all requests made by the Company for additional information regarding you, such legal entity and/or other persons associated or affiliated with such legal entity, then you and such legal entity (or, as applicable, sole proprietorship) may not access or use the Service.
(iii)Any creation, purchase or sale of NFTs you make outside of the Service will be entirely at your risk. We do not control or endorse creation, purchase or sale of NFTs outside of the Service. We will have no obligation whatsoever at law or in equity to indemnify you or hold you harmless for any losses you may incur by transacting, or facilitating transactions of, NFTs outside of the Service.
(iv)Any and all changes to these Terms will apply from the “Last Update Date” as specified in this page. Users are required to review these Terms (including such changes) prior to using the Service. If you continue to make use of the Service after the “Last Update Date,” you will be deemed to have accepted and consented to the applicable changes to these Terms.
(v)You hereby acknowledge and agree that payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a User (whether as a Sales Member or a Partner Member), you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time (https://stripe.com/legal/ssa). As a condition of enabling payment processing services through Stripe, you agree to provide the Company accurate and complete information about you and your business, and you authorize the Company to share it and transaction information related to your use of the payment processing services provided by Stripe.
4.User Age
Only those who are at least fully 19 years of age are recognized as users of DOSI services, and the Service (and other DOSI-related services) are not provided to children under fully 19 years of age. We do not knowingly collect information from or direct any of our content specifically to minors without the consent of parents, guardians, or other legal representatives. If we learn or have reason to suspect that any individual officer or authorized person (including, if applicable, as sole proprietor) acting for you in connection with your entry into and performance of these Terms is under fully 19 years of age, we may restrict your rights related to the use of the Service, including your user account.
5.Change of Service
We may regularly update the Service to help provide the best possible experience. You acknowledge and agree that the form, nature and any part of the Service may change from time to time without prior notice, and that we may add new features and change any part of the Service at any time without prior notice.
6.Preferred Communication Methods
By creating an account for the Service, you hereby agree to the on-line communications made from the Service (e.g., via e-mails, push notices, text messages or other types of messages). The above communication may include the notices given to your account and constitute a part of your relationship with the Company. In addition, any promotional communications which might be of interest to you may also be sent via e-mail. You understand that you are not required to provide this consent as a condition to use the Service and that you are entitled to reject such communications in accordance with the prescribed consent withdrawal guidelines (with the possible exceptions of important service notices and administration messages).
7.Severability
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provisions, all of which shall remain in full force and effect.
Language
These Terms are presented in the English language. Any translation of these Terms are for your convenience, and any meanings of terms, conditions, or representations are subject to the definitions and interpretation of the English language.
Chapter 2: Use of the Service
8.Account Registration
(i)A User who wishes to use the Service (hereinafter referred to as a “Registration Applicant”) shall apply for the opening of a DOSI Biz account by the method set forth by the Company. The Company may post an indication of acceptance of the account registration on the service screen.
(ii)The Company may request such additional information and documentation as it may determine in its sole discretion to be necessary or appropriate when a Registration Applicant applies for registration and may examine the information entered and/or otherwise provided by the Registration Applicant. Certain details on Information to be input by a Registration Applicant can be found on the Site at the section DOSI BIZ > FAQ.
(iii)The Company may refuse to accept the account registration application for any of the following reasons, as determined in the Company’s sole discretion:
(a) In the event that any individual officer or authorized person (including, as applicable, a sole proprietor) acting for the Registration Applicant is under the age of 19;
(b) In the event that the application content does not satisfy the registration criteria established by the Company from time to time for a Sales Member or Partner Member;
(c) In the event of false information, omission, or error in the information submitted on or in connection with the application;
(d) In the event that the Company determines that the registration of the Registration Applicant as a Sales Member or Partner Member is significantly impeded by the technology of the Company; or
(e) Other events or circumstances where the Company determines that acceptance of the application is not warranted (including, without limitation, where acceptance of the application would violate these Terms or applicable law, or would harm or threaten to harm the business or reputation of the Company or its affiliates or associated persons).
(iv)Whether or not to accept an application for account registration for the Service is determined according to the Company's account registration standards and internal policies. The usage contract for the Service between the Company and the Registration Applicant, as evidenced by these Terms, shall only be established when the Company's approval is delivered to the Registration Applicant.
(v)The Company is not obligated to disclose the results of its account registration examination or consideration or to disclose any reason for any rejection of any request for account registration.
(vi)A User that opens an account on the Service must designate a transaction manager who is authorized to act and provide instructions for or on account of the User. A User shall be solely responsible for all obligations and liabilities arising from the actions of its designated transaction manager.
9.Information on Changing Account Information
In the event of a change in address, name, account number for payment, identification of transaction manager, or other relevant User details in relation to the account registration information of such User for the Service, the User must immediately notify the Company of the change via e-mail or other means. The Company shall notify the User of its approval, as applicable, and update to the relevant account information after confirming the changes and updating such User’s account registration information.
10.Account Security
(i)You are responsible to maintain the security of your ID and password. Under no circumstances may Users transfer, sell, share, rent or lend their IDs or passwords to others.
(ii)You are responsible for any loss or damage caused by the leakage, transfer, sale, sharing, rental or loan of your ID or password without any cause attributable to the Company that constitutes gross negligence or willful misconduct on the part of the Company.
(iii)If you become aware of any unauthorized use of your password or of your account by any third party, you agree to notify the Company immediately at dl_dosi_biz@linecorp.com.
11.Scope of Service
(i)The Company provides access to the following services to each relevant User. However, available services may be subject to change in accordance with the service commencement schedule.
(a) Registration of product Exhibition details
(b) Management of product Exhibition status
(c) Confirmation of product stock
(d) Confirmation of asset details
(e) Confirmation of revenue and profit history
(e) Management of User membership and account details
(f) All other services related to or associated with the preceding items
(g) Any other DOSI Biz-related service provided by the Company in its determination in addition to the services set forth in subparagraphs (a) to (f)
(ii)The content of the Service is subject to change without prior notice for service improvement. A User must check the latest information on the Service and make its final judgment as to its access to and use of the Service (and related services provided by the Company) and the information obtained by using the Service. Any responsibility arising therefrom shall be entirely borne by the relevant User. The Company is not responsible for any damage caused by a User’s use of the Service.
(iii)Each User understands and acknowledges that it will receive the Service only in respect of its own products, assets, and related revenues and profit history. Your registration for an account and use of the Service will not provide you with, or entitle you to receive or view, information relating to any other User or any such other User’s account details, products, assets, or revenues and profit history.
12.Membership Withdrawal and Loss of Qualification
(i)In the event that you wish to terminate your usage contract for the Service, you must request the withdrawal of your membership using a method approved and set forth by the Company. Subject to any restrictions imposed by applicable law or these Terms, the Company shall process the withdrawal after confirming the request.
(ii)In the event that a User engages in any activity (or omits to take any action) or is otherwise subject to events or circumstances as set forth below, the Company may limit, suspend, or cancel the membership of such User without any requirement for notice.
(a) In the event that the User violates these Terms or there is another reason for termination pursuant to these Terms and/or the internal policies of the Company;
(b) In the event that it is determined that a basis exists for refusal of account registration as stipulated in Article 9 (iii) of these Terms, whether the relevant circumstances arose prior to or subsequent to account registration;
(c) In the event that the User fails to pay any amount or liability owing to the Company or any of its affiliates on or prior to the applicable due date; or
(d) In the event that activity or inactivity of the User, or any event or circumstance affecting the User, threatens the good order of e-commerce, such as by interfering with other Users' use of the Service or stealing or misusing information.
(iii)The Company agrees to notify a User of the expiration of the contract period separately agreed between such User and the Company at least one month before the expiration date. Such User shall be required to apply to the Company to renew or terminate its account registration for the Service. Subject to these Terms and applicable law, the Company shall adjust the User's authority rights in accordance with the User's intent.
(iv)Each provision of these Terms regarding a User's obligations and responsibilities in relation to the use of the Service shall, to the extent arising on or prior to the effective date of termination or as otherwise provided herein, remain valid after the termination of the User’s account and authorization in accordance with this Article. The Company shall not be liable for any damage caused to a User by a termination or suspension of its account or access rights or by its use or misuse of the Service unless otherwise required pursuant to applicable laws and regulations.
13.Conditions of Use and Prohibited Activities
You agree that you are responsible for your own conduct and any consequences thereof while accessing or using the Service. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. In addition, you agree that your use of the Service and of any related DOSI services will comply with applicable provisions of the DOSI Store terms of service, the DOSI Wallet terms of service and the terms of service of any other DOSI-related services that you may access or use (including, without limitation, provisions thereof regarding conditions of use and prohibited activities, as such provisions may be supplemented and/or amended from time to time).
(i)User Warranties
Without limiting the foregoing, you warrant and agree that your use of the Service (which, for this purpose, will include any related use of, or impact or effect on, any other DOSI-related service and, as applicable, users thereof) will not:
(a) in any manner involve:
(1) sending, uploading, distributing or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, manipulative, obscene or otherwise objectionable content (which may include (but will not be limited to) sexual exploitation against children or adults or other pornographic material), promote suicide or self-injury or encourage hatred or violence against other persons, animals, businesses or property;
(2) distributing any viruses, worms, defects, Trojan horses, corrupted files, hoaxes or any other items of a destructive or deceptive nature;
(3) uploading, posting, transmitting or otherwise making available through the Service any content that infringes the intellectual property rights of any party;
(4) using the Service to violate or infringe the legal rights (such as rights of privacy and publicity and other intellectual property rights) of others in any other manner;
(5) engaging in, promoting or encouraging illegal activity (including, without limitation, money laundering, terrorist financing or other illicit financial activity);
(6) interfering with other Users’ enjoyment of the Service (or with the ability of users of other DOSI-related services to access, use and enjoy such services);
(7) using or exploiting the Service for any unauthorized commercial purpose;
(8) modifying, adapting, translating or reverse engineering any portion of the Service;
(9) removing any copyright, trademark, other intellectual property or other proprietary rights notices contained in or on the Service or any part of it;
(10) reformatting any portion of the Service;
(11) displaying on the Service any hate-related or violent content or any other content containing any materials, products or services that violate or encourage violation of any criminal laws, other applicable laws or any third-party rights;
(12) using any spider, site search/retrieval application or other device to retrieve or index any portion of the Service or the content posted on the Service, or to collect information about its users for any unauthorized purpose;
(13) accessing or using the Service for the purpose of creating a product or service that is competitive with any of our products or services;
(14) abusing, harassing or threatening another user of the Service or any of our authorized representatives, customer service personnel, chat board moderators or volunteers (including, without limitation, filing support tickets with false information, sending excessive emails or support tickets, obstructing our employees from doing their jobs, refusing to follow the instructions of our employees, or publicly disparaging us by implying favoritism by our employees or otherwise);
(15) using any abusive, defamatory, ethnically or racially offensive, harassing, harmful, hateful, obscene, offensive, sexually explicit, threatening or vulgar language when communicating with another user of the Service or any of our authorized representatives, customer service personnel, chat board moderators or volunteers;
(16) using the Service or other DOSI-related services to send, upload, distribute, disseminate, sell or offer to sell NFTs that are, or may be deemed to be, securities, instruments redeemable for securities or other financial instruments, or any other type of financial instrument that is subject to registration or licensing under the laws of the United States or any other applicable jurisdiction, including NFTs that provide ownership or profit sharing rights or distributions in respect of a corporate or other entity, joint venture, investment fund, or other pool of assets, as well as fractionalized NFTs that represent divided or fractional ownership in a single NFT (except for fractionalized NFTs that have been distributed or sold by and are expressly supported by the Company); or
(17) using the Service or other DOSI-related services to send, upload, distribute, disseminate, sell or offer to sell NFTs that are used in, promote or provide access to gambling activities (such as lotteries, online casinos and/or land-based gambling facilities, whether such activities are legal or illegal under applicable laws); or
(each, a “Category A Prohibited Activity”);
and/or
(b) in any manner involve:
(1) impersonating another person (via the use of an email address or otherwise) or improperly claiming to be acting for, or authorized to act for, any entity or organization; or
(2) purchasing, selling or facilitating the purchase and sale of any User account(s) to other Users or third parties for cash, cryptocurrency or other consideration outside of the Service
(each, a “Category B Prohibited Activity” and, together with Category A Prohibited Activities, the “Prohibited Activities”).
(ii)Effect of Your Breaches
In the event that you engage in any of the Prohibited Activities set forth in the preceding paragraphs or otherwise engage in any activity that is prohibited by these Terms, or you otherwise breach a provision of these Terms, we may, at our absolute and sole discretion, immediately suspend or terminate your account, without notice or liability to you, and without limiting any of our legal, equitable or other rights or remedies or our other rights or remedies under these Terms.
14.Company Obligations
(i)In principle, the Company shall use good faith efforts to provide the Service 24 hours a day, 7 days a week.
(ii)The Company may temporarily suspend the provision of the Service in the event of maintenance, replacement, breakdown, communication interruption, or operational reasons (including, without limitation, those affecting its information and communication facilities (such as computers)). In this case, the Company shall provide notification of this fact in advance on the Service provision screen. However, in the event that there is an unavoidable reason that the Company cannot provide such advance notification, notification may be provided after the implementation of such suspension. The Company will not be held liable for any damage caused by any such suspension in the absence of willful misconduct or gross negligence on the part of the Company.
(iii)The Company may conduct regular inspections or reviews (technical or otherwise) if necessary or advisable for or in connection with the provision of the Service. The dates of any such regular inspections or reviews shall be announced on the Service provision screen. In that event, restrictions on the use of part or all of the Service may occur. The Company will not be liable for any damage caused by any such use restrictions in the absence of willful misconduct or gross negligence on the part of the Company.
(iv)In addition, the Company will not be liable for any damage or other problems in relation to the use of certain features within the Service being restricted or suspended due to the action, inaction, review or inspection of such feature(s) by or attributable to an applicable third party except to the extent such damage or other problem is caused willful misconduct or gross negligence on the part of the Company.
Chapter 3: Special Terms and Conditions for Sales Members
15.Provision of Intermediary Listing and Sales Services
(i)The Company provides intermediary listing and sales services that support Sales Members to sell products using the Service.
(ii)The Company allows the seller to register the product to be sold through the Service and related DOSI services and to sell the product within the scope of these Terms and the Service, and, as applicable, the terms of the DOSI Store terms of service, the DOSI Wallet terms of service and the terms of service of other applicable DOSI-related services.
(iii)In such transactions, subject to the provisions of any separate written agreement between the Company and the relevant seller and to internal Company policies and procedures regarding flow of funds relating to settlement of transactions, the Company receives or may receive the sales proceeds from the transaction between the seller and the buyer on behalf of the seller and, in such circumstances, pays the amount due to the seller in accordance with Article 16 (iv) of this Agreement and the usage policy or otherwise causes, arranges or facilitates payment of the amount due to the seller to an account of the seller. The details of such arrangement shall be carried out in accordance with a separate written agreement between the Company and the relevant seller.
(iv)As an intermediary listing and sales service provider, the Company bears only the responsibility for the operation and management of the Service. It does not represent a buyer or a Sales Member in relation to NFT transactions. The relevant Sales Member shall bear direct responsibility for all obligations relating to or arising in connection with the transaction between a buyer and such Sales Member and the information provided and registered by such Sales Member (including, without limitation, the accuracy of the related Exhibition details).
16.Usage Scope of the Service by Sales Members
Sales Members may use the services specified in Article 12 (i) of these Terms within the scope permitted by these Terms. However, the scope of use of the Service by Sales Members generally or with respect to any particular Sales Member may be subject to change in accordance with policy changes of the Company or pursuant to a separate written agreement with a particular Sales Member.
17.Sales Activities of Sales Members
(i)Exhibition of Products
(a) In order to Exhibit products to be sold by a Sales Member at the DOSI Store (or, as applicable, another DOSI-related site or service), an application for Exhibition registration must be submitted by the applicable Sales Member.
(b) A Sales Member shall specify details such as the sales method, the sales price (using crypto assets or currency, in each case, as supported by the Company), the number of products to be sold, and the sales period for the product at the time of application for Exhibition registration.
(c) By submitting an application for Exhibition registration for any product, the Sales Member represents and warrants to the Company that such Sales Member holds or has obtained all necessary permissions (and, as applicable, related reports or confirmations) and (as applicable) third-party permissions necessary to support the Exhibition registration for, and subsequent sale of, the relevant product.
(d) A Sales Member cannot apply for the Exhibition or other submission of illegal products or products that otherwise violate these Terms or, to the extent applicable, the DOSI Store terms of service, DOSI Wallet terms of service or terms of service of any other DOSI-related service, and in the event of any damage to the company or a third party as a result of any requested Exhibition or other submission of an illegal product or a product that otherwise violates these Terms or such other applicable terms of service, such Sales Member shall be held liable and shall fully indemnity the Company for any losses in connection therewith.
(e) Products registered for Exhibition are managed using the DOSI Wallet service operated by the Company.
(f) The information provided to the Company by a Sales Member for Exhibition registration (including data on the content of the product) will be published in "LINE Blockchain Explorer" (a website that can be used to check the contents of blocks and transactions generated on the Finschia and check or confirm detailed information about blockchain tokens, etc.) operated by LINE TECH PLUS PTE. LTD., a corporation established under the laws of Singapore.
(ii)Sale and Payment of Sales Products
(a) Product sales in the DOSI Store or other DOSI-related service are possible after the registration of a Sales Member and product Exhibition registration are completed. For this purpose, the Sales Member must directly register and manage product information and transaction conditions through the Service in the manner stipulated in (or otherwise in accordance with) relevant laws and regulations and these Terms. At this time, the type and scope of the products sold, the selling price, and the terms of the transaction shall be determined by the Sales Member, and the Company shall not be required to be involved in the process. However, the Company may establish general requirements and limitations related to the prevention of damage to buyers, such as supported payment method for products, in these Terms, in the terms and conditions applicable to the DOSI Wallet service, the DOSI Store service and/or other applicable terms of service and/or in a separate written agreement with a particular Sales Member. A Sales Member shall be responsible for reviewing and understanding the terms and conditions applicable to its product sales and use of the Service and other DOSI-related services as in effect from time to time (including, as applicable to such Sales Member’s activities, the DOSI Store terms of service, the DOSI Wallet terms of service and the terms of service of any other applicable DOSI-related services), and for ensuring that its sales of products using the Service do not violate such terms and conditions, these Terms or the requirements of applicable laws and regulations.
(b) Sales Members may proceed with product transfer to the buyer by exchanging the product for crypto assets or fiat payments supported by the Company.
(c) When a Sales Member sells a product to a buyer using the Service and other DOSI-related services, a product sale contract between such Sales Member and the relevant buyer is established.
(d) A Sales Member must sell the product at the sales price registered for such sale on the Service, and in the event that there is an additional cost to purchase the product, it must be clearly and conspicuously stated for buyers in the relevant Exhibition details. The buyer's allowable payment method can be specified by a Sales Member by selecting one of the payment methods supported by the Company.
(e) A Sales Member shall inform potential buyers of all material transaction details and conditions such as the features, specifications, and sales price of the product to be sold. In the event that there is a special transaction condition in connection with the sale of the relevant product, such special transaction condition shall be clearly and conspicuously stated for buyer in the relevant Exhibition details.
(f) The Company may delete or cancel the registered product registration and take necessary actions such as restricting product sales and suspending a Sales Member’s account or user ID in the event of any of the following events, as determined in the sole discretion of the Company: (i) a dispute over the intellectual property rights relating to the content associated with any product; (ii) the Sales Member, or any applicable transferor or licensor to the Sales Member, loses or ceases to hold the relevant intellectual property rights, use rights, or other relevant rights or permissions regarding the content underlying a product, resulting in a situation in which the product cannot be sold as set forth in or in manner consistent with the DOSI service; (iii) the product has been used for a crime or there is a risk of being used for a crime; or (iv) other cases where the Company determines, in its sole and absolute discretion, that the handling of or support for such product is inappropriate (including, without limitation, where the product or its Exhibition violates any of the provisions regarding Prohibited Activities as set forth in these Terms or otherwise violates applicable provisions of the DOSI Store terms of service, the DOSI Wallet terms of service or the terms of service of another DOSI-related service).
(iii)Cancellation or Refund of Sales Products
(a) A contract for product sales between a Sales Member and a buyer is established at the time the transaction is concluded on the Service or other applicable DOSI-related service for the relevant product(s). However, in the event that the purchase procedure on the part of the relevant buyer is not completed due to a system failure, functional error due to external factors, or other similar reason—or in the event that the payment procedure on the part of the buyer is not completed for any reason—the sales contract will be deemed not to have been concluded.
(b) Once the sales contract with a buyer is concluded, the Sales Member will not generally be permitted to claim that the contract is invalid and will not generally be permitted to cancel the contract. However, in the event that the Sales Member determines that concluding the transaction is inconsistent with provisions of applicable law or in the event that conclusion of the transaction is not possible for reasons objectively beyond the control of such Sales Member, the Sales Member shall immediately notify the Company and the buyer of this claim and may cancel the applicable sales contract after obtaining the buyer’s consent. In such circumstances, the Sales Member understands and agrees that the Company may take such actions as it determines are necessary or advisable in connection with supporting the transaction cancellation and that, within 7 days from the date of purchase, the Sales Member must take the necessary measures to refund the product price.
(c) A Sales Member shall provide potential buyers with details on such Sales Member’s refund policy and procedures for products sold using the Service and related DOSI services, which shall be in accordance with the refund policy and/or the internal policy of the Sales Member disclosed to the Company in connection with such Sales Member’s separate written agreement with the Company. A Sales Member shall also indicate, clearly and conspicuously in the relevant Exhibition details, the fact that it will be impossible to receive a refund in the event that there is a valid legal, technical or other reason for restricting the refund for the applicable product being sold.
(iv)Settlement of Sales Price
(a) Subject to the provisions of any separate written agreement between the Company and the relevant Sales Member and to internal Company policies and procedures regarding flow of funds relating to settlement of transactions, in the event that the purchase of products sold through the Service is confirmed, the Company shall deduct the Company’s service fee, as well as any owing and unpaid liabilities of the relevant Sales Member to the Company, from the sales proceeds in accordance with the Company's settlement schedule, contract details, and internal policies (the net settlement amount after such deductions hereinafter referred to as the “Settlement Price”) prior to paying the Sales Member (or arranging, causing, instructing or permitting to be paid to the Sales Member) the Settlement Price relating to a given transaction or set of transactions. Specific details shall be carried out in accordance with the separate written agreement between the Company and the relevant Sales Member.
(b) Subject to these Terms and the provisions of any separate written agreement between the Company and the relevant Sales Member and to internal Company policies and procedures regarding flow of funds relating to settlement of transactions, a Sales Member will generally be permitted to instruct that the Settlement Price be paid, transferred or directed to a designated account owned and maintained by the Sales Member.
(c) A Sales Members will not be permitted to receive payments directly from any buyer outside of the Service and relevant other DOSI-related services regardless of the reason or method.
(v)Other
(a) A Sales Member agrees that it shall faithfully fulfill its obligations as a seller to the buyer of a product and respond in good faith and in a timely manner to the buyer's inquiries.
(b) In the event of a dispute between a Sales Member and a buyer or a third party, the Company will not intervene in the dispute in principle. Such Sales Member shall bear all responsibility for any liabilities or obligations in connection with the outcome of the dispute and, in principle, for taking all actions necessary to resolve such dispute. In this regard, in the event that the Company incurs any obligation or liability to, or is required to indemnify, a third party for damages or incurs other expenses, the Company will be entitled to be indemnified in full by the relevant Sales Member for such obligations, liabilities, damages and expenses (including, without limitation, fees of counsel). In addition, the Company shall have the right, in its discretion, to intervene in the dispute through a dispute mediation organization or procedure (including, without limitation, a customer service center) installed/operated by the Company for purposes of facilitating the reasonable and smooth mediation of such dispute, and the Sales Member shall in good faith accept and respect the decision of the dispute mediation organization in such circumstances.
(c) A Sales Member assumes full responsibility for the performance of obligations based on a sales contract established with a buyer even if its usage contract in respect of the Service is terminated.
(d) In the event that there is a conflict between the provisions of any separate written agreement between a Sales Member and the Company and the provisions of these Terms, the provisions of the separate written agreement between such Sales Member and the Company shall take precedence.
Chapter 4: Special Terms and Conditions for Partner Members
18.Scope of Use of the Service by Partner Members
Partner Members may use the Services of Article 12 (i), sub-clauses (c) to (g) of these Terms within the scope permitted by these Terms. However, the scope of use of the Service by Partner Members generally or with respect to any particular Partner Member may be subject to change in accordance with the policy changes of the Company or pursuant to a separate written agreement with a particular Partner Member.
19.Responsibilities of Partner Members
(i)Partner Members have the rights and responsibilities under Chapter 2 of these Terms. Based on those rights and responsibilities, they may use the Service in accordance with Article 19 of these Terms.
(ii)Partner Members are required to fulfill their obligations hereunder as the holder of relevant intellectual property rights in respect of content associated with an NFT, and shall act in good faith to secure and maintain all such intellectual property rights. In the event that a third party claims infringement of intellectual property rights with respect to the intellectual property rights sold or sub-licensed to the Company by a Partner Member, the Company may take all necessary or advisable actions as determined in the sole discretion of the Company (including, without limitation, limiting, suspending or terminating the Partner Member's use of part or all of the Service and any other DOSI-related services).
(iii)In the event that the Company inquires in relation to NFTs being sold by it or the status of the intellectual property rights associated with content underlying any such NFTs, a Partner Member agrees that it shall respond in good faith and in a timely manner to such inquiries.
20.Other
(i)In the event that there is a conflict between the provisions of any separate written agreement between a Partner Member and the Company and the provisions of these Terms, the provisions of the separate written agreement between such Partner Member and the Company shall take precedence.
Chapter 5: Miscellaneous
21.Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR PARENT COMPANY, SUBSIDIARIES, OTHER AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE AND ANY PART OF IT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR PARENT COMPANY, SUBSIDIARIES, OTHER AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE; (IV) THE SERVICE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CERTAIN CONTRACTS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IF AND TO THE EXTENT REQUIRED BY LAW.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE SERVICE, OR YOUR ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE AND THE RELEVANT BLOCKCHAIN NETWORK.
WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE RELEVANT BLOCKCHAIN NETWORK, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES RESULTING IN FUND OR ASSET LOSSES.
22.Limitation of Liabilities
YOU UNDERSTAND AND AGREE THAT WE, OUR PARENT COMPANY, SUBSIDIARIES, OTHER AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DIMINUTION OF VALUE OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SERVICE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE AMOUNTS YOU HAVE ACTUALLY AND LAWFULLY PAID US UNDER THESE TERMS IN THE TWO (2) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SERVICE AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE REPRESENTATIONS AND WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND YOU AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU WITHOUT THESE LIMITATIONS.
23.Assumption of Risks
(i)Use of Blockchain
The Service and other DOSI-related services do not store, send, or receive NFTs. We provide functions that enable users to deposit, store, check and administer their NFTs purchased via the DOSI Store (or other DOSI-related services) or otherwise received by a DOSI Wallet. This is because NFTs exist only by virtue of the ownership record maintained on the DOSI service’s supporting blockchain in the Finschia. Any transfer of NFTs occurs within the Finschia, and not on the Service or other applicable DOSI-related service.
(ii)Inherent Risks with Digital or Other Internet-Based Currency or Assets
You understand and agree that there are risks associated with using an Internet-based currency or asset, including, but not limited to, the risk of hardware failure, software corruption and Internet connection interruption or failure, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to the stored information. You accept and acknowledge that we will not be responsible for any communication, system or other failures, disruptions, errors, malicious attacks, hardware or software failure or corruption, distortions, delays or other similar events you may experience when using the Service (or, as applicable, other DOSI-related services), your electronic wallet and any blockchain network.
(iii)Regulatory Uncertainty
The regulatory regime governing blockchain technologies, cryptocurrencies, and NFTs is uncertain, and new regulations or policies may materially adversely affect the development of the Service and other DOSI-related services and hence the potential utility or value of NFTs or other assets.
(iv)Software Risks
An upgrade to the relevant blockchain network, a hard fork in the relevant blockchain network, or a change in how transactions are confirmed on the relevant blockchain network may have unintended, adverse effects on NFTs or other assets.
(v)Risks Underlying the Popularity of the Blockchain Ecosystem
A decrease in the level of use or public interest in the creation and development of blockchain networks may have adverse impacts on the development of the applicable ecosystem and related application programs and have further negative influences on the potential usefulness or value of NFTs or other assets.
24.Privacy Protection
(i)When collecting personal information, the Company shall collect the minimum information necessary for implementing the Service. It must not use the personal information provided by a user for the use of the Service for purposes other than the service operation agreed by the user.
(ii)The Company cannot use the personal information of a user for any other purpose or provide it to a third party without the user's consent. However, exceptions are made in the event that it is allowed in accordance with relevant laws and regulations.
(iii)The Company shall strive to protect users' personal information in accordance with related laws such as the Information and Communications Network Act. The related laws and the Company's Privacy Policy apply to the protection of personal information.
25.Indemnification
(i)You agree to hold harmless and indemnify us and our parent company, subsidiaries, other affiliates, officers, agents, employees, representatives, advertisers, other licensors, suppliers, other business partners or other service providers from and against any claim, demand, action, liability, loss, damage (actual and consequential) of any kind or nature, lawsuit, judgment, litigation cost and attorneys’ fees incurred as a result of or in relation to:
(a) Your breach of these Terms;
(b) Your use or misuse of the Service, or your conduct in connection with the use or misuse of the Service;
(c) Your violation of applicable laws, rules or regulations, or of the rights (including intellectual property rights) of any person, in connection with your access to or use of the Service or other DOSI-related services; or
(d) Your negligence, fraud, willful misconduct or misrepresentations.
(ii) If you are obligated to indemnify us, you agree that we will have control of the defense or settlement of any such claims made by a third party.
26.Force Majeure
(i)Definition
The term “Force Majeure Event” means: (a) acts of God; (b) flood, fire, earthquake, explosion, epidemics, pandemics (including the 2019 novel coronavirus (COVID-19) pandemic), tsunami or other natural disaster; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of these Terms; (f) strikes, labor stoppages or slowdowns or other industrial disturbances; (g) shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity; and (h) other similar events beyond our reasonable control.
(ii)The Company is not liable for any Service failure or delay caused by any Force Majeure Event.
(iii)Service Performance during Force Majeure Events
If we suffer a Force Majeure Event, we will use reasonable efforts to promptly notify you of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We will also use diligent efforts to attempt to end the failure or delay and to mitigate the effects of such Force Majeure Event. We will resume the performance of our obligations as soon as reasonably practicable after the cessation of such Force Majeure Event.
27.Dispute Resolution
(i)These Terms, and any claim or dispute arising out of or in connection with the subject matter of these Terms, shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflict of laws (except to the extent governed by U.S. federal law).
(ii)You agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located in the County of Santa Clara within the State of California to determine any dispute or claim arising out of or in connection with the Service or these Terms or their subject matter, existence, negotiation, validity, termination or enforceability (including any non-contractual dispute or claim). YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE OR PROCEEDING ARISING OUT OF THESE TERMS OR RELATING TO THE SERVICE.
(iii)You agree that regardless of any statute, regulation or law to the contrary, to the maximum extent permitted under applicable laws, any claim or cause of action that you bring arising out of or related to your use of the Site and/or the Service or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
(iv)You agree that, prior to commencing any action against the Company or any affiliate of the Company in connection with or in any way relating to these Terms or the subject matter hereof (including, without limitation, in any situation where you believe that the transaction-related data provided to you in connection with your use of the Service differs in any respect from your own data or records), you will first notify the Company in writing of your basis for such claim and will not commence any such action for a period of at least 60 days following the effective date of such notification. You agree to negotiate with the Company in good faith during such 60-day period to attempt to resolve the basis or alleged basis for such claim in a manner that is mutually satisfactory to you and the Company.
(v)Any failure or delay by the Company to exercise any right, privilege, or power under these Terms shall not operate as a waiver thereof. These Terms shall not be construed to waive any rights that cannot be waived under applicable laws
[Addendum]
1. Enforcement Date
These Terms of Service shall take effect on 2023.04.24.