NFT Terms of Use

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

Chapter 1General 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 AVALANCHE LTD.＆THE COMPANY.
   2. 2. "Recipient" Refers to those who have completed claiming this NFT through the method specified by our company in Article 5 (Claiming).
   3. "Transferee" Refers to those who have secondarily transferred or claim this NFT from the recipient 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 recipients.
   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 "Ryuganji NFT" issued by our company through the website (with the top page URL as "https://goshuinjapan.com", hereinafter referred to as "this site"

4. Article 4 (Notice)

   1. If our company needs to notify information or guidance related to this NFT, or otherwise needs to notify the recipient based on these terms and conditions, our company will notify the recipient by one of the following methods chosen by our company according to the content.
      1. Sending an email to the recipient’s contact email address.
      2. Posting on this site.
      3. Posting on the Official Goshuin Japan Social Media Accounts.
   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 recipient 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 2Provisions Concerning Claiming and Use of This NFT

1. Article 5 (Claiming)

   1. To claim this NFT through this site, you need to agree to these terms and conditions and go through the prescribed procedure set forth on this site. Please note that when the claiming procedure is performed, our company shall consider that the recipient has agreed to these terms and conditions.
   2. The claiming of this NFT through this site is considered completed when the claiming procedure in the preceding paragraph is successfully completed.
   3. Cancellation of claiming of this NFT (return or refund) will not be done under any circumstances.

2. Article 6 (Use of this NFT)

   1. We grant the recipient of this NFT a non-exclusive, non-transferable, except as provided 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. The recipient is responsible for using the NFT and Art at their own risk. If any damage is caused to a third party or a dispute arises as a result of such use, the recipient shall resolve these situations at their own expense and responsibility. We are not liable for any such damage.
   3. The recipient is responsible for providing, implementing, setting, and managing the necessary terminal, communication equipment, and internet environment to use the NFT, and Art.

3. Article 7 (Rights)

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

4. Article 8 (Sales to Assignees)

   1. The recipient 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 recipient 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 recipient is jointly liable.
      3. We are not responsible for any transactions related to the NFT by the recipient, and if a dispute arises between the recipient and the assignee, the recipient is responsible for resolving it.
      4. The rights obtained by the recipient 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 and Art 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 recipient is in violation of any term of these Terms or the terms of use of the related NFT platform, the recipient 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 recipient is responsible for ensuring that the assignee complies with these Terms, and if the assignee violates these Terms, the recipient is jointly liable.

5. Article 9 (Prohibited Acts)

   1. The recipient 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 recipient under these Terms to a third party (except in the case of Article 8 (Sale to Assignee) Paragraph 1).
      6. Using this NFT and Art 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 and Art, 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 and Art, 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 recipient 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 and Art. In addition to or instead of these measures, the Company may request the recipient to stop the prohibited acts or to take measures such as data deletion, and the recipient 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 recipient, the recipient 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 recipient, and other information regarding the recipient, 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. 1. The Company may use the information and data obtained from the recipient 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 and Art.
      3. Posting on media materials, business materials, and sites related to promotions for this NFT and Art, or other media.
      4. Posting on social media, websites, or magazine media for advertising and promotional activities of this NFT and Art.
      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 (Disclaimer)

   1. Please note that 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 recipient, 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 recipient, assignee, or any other third party due to the use or inability to use this NFT and Art.
   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 claimed by the recipient is limited due to a defect in the blockchain technology.
   4. The Company does not guarantee that the value of this NFT and Art claimed by the recipient will be maintained or increased after the claiming 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 recipient, 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 and Art due to a virus undetected by antivirus software.
      2. Defects or problems with this NFT and Art 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 and Art due to the individual environment of the recipient.
      4. Defects or problems with this NFT and Art 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 and Art due to other services, software, systems, equipment, and hardware, etc., that are not directly related to this NFT and Art.
      6. Defects or problems with this NFT and Art due to other causes not attributable to the Company.
   7. The Company shall not be liable for any damages, etc., incurred by the recipient, 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 and Art and these Terms and Conditions shall not exceed the gas fee paid by the recipient when claiming this NFT.

Chapter 4Provisions on Termination of License

1. Article 13 (Termination of License)

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

2. Article 14 (Anti-Social Forces)

   1. The recipient 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 recipient 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 recipient falls under any of the preceding paragraphs, the Company may immediately terminate the license for the NFT and Art by notification to the recipient without any demand.

3. Article 15 (Measures upon Termination of License)

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

Chapter 5General Provisions

1. Article 16 (Obligation for recipient's Damage Compensation)

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

2. Article 17 (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 recipient.
      2. When the amendment of these Terms and Conditions does not contradict the purpose of laiming 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 recipient's contact email address.
      2. Method of posting on this site.
      3. Method of posting on the Official Goshuin Japan Social Media Accounts.
   3. If the recipient uses he NFT and Art 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 18 (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 October 22, 2024.