Article 1 (Applicable)
1. This agreement stipulates the rights and obligations between the Company and NFT registered users (defined in Article 3; the same shall apply hereinafter) regarding the use of this service (defined in Article 2; the same shall apply hereinafter). For that purpose, it applies to all relationships related to the use of this service between NFT registered users and our company.
2. The guidelines, policies, precautions and other individual rules posted by the Company on the Company’s website (defined in Article 3; the same shall apply hereinafter) shall form part of this Agreement.
3. NFT registered users shall use this service after agreeing to the contents of this agreement.
Article 2 (This service)
1. This service is a platform that allows NFT registered users to exchange non-fungible tokens (hereinafter referred to as “NFT”) such as digital and real items using crypto assets designated by the Company.
2. Exchanges, listings, purchases, etc. between NFT registered users are all at the responsibility of the NFT registered users. We do not guarantee that the seller’s listing is based on legitimate rights. In addition, we do not exchange by ourselves, we are not entrusted with the exchange, and we are not involved in the execution of the exchange at all (except when we are the “exhibitor”.).
3. NFTs handled by the Company do not fall under the category of “cryptographic assets” related to fund settlement.
Article 3 (Definition)
1. The following terms used in this agreement shall have the meanings specified below.
(1) “Intellectual property rights” are copyrights, patent rights, utility model rights, trademark rights, design rights and other intellectual property rights (acquire these rights or apply for registration, etc. for these rights). Includes the right to do).
(2) “Our website” means a website operated by our company whose domain is “fepenft.com” (including subdomains, and the domain or content of our website is changed for any reason. If so, it means the website after the change.)
(3) “Registration Applicant” means “Registration Applicant” defined in Article 4.
(4) “Registration Information” means “Registration Information” as defined in Article 4.
(5) “NFT registered user” means an individual or corporation registered as a user of this service.
(6) “NFT account” means an account held by an individual or corporation registered as a user of this service.
(7) “Publisher” means the person who issues the NFT handled by this service.
(8) “Product” means NFT such as digital and real items that are the object of transactions in this service.
(9) “Listing” is a state in which an NFT registered user posts and sends information necessary for trading a product on this service, and other NFT registered users can view it and the NFT registered user can trade a product.
(10) “Seller” means an NFT registered user who sells products through this service (our company may also sell).
(11) “Purchaser” means an NFT registered user who purchases products through this service.
(12) “Sales Price” means the price of the product set by the seller when listing the product in this service.
(13) “Sales Fee” means the fee paid by the seller to the Company when the item sold by the seller is purchased.
(14) “Goods Receipt” means sending an NFT from an external address to an address managed by us, which we reasonably recognize and reflect in our NFT account.
(15) “Goods Issue” means deducting from your NFT Account and sending the NFT from our managed address to the specified address.
(16) “Delivery Fee” means the fee collected by us when sending an NFT from an address managed by us.
(18) “Usage contract” means the usage contract of this service in accordance with the provisions of this agreement, which is established between the Company and the NFT registered user based on Article 4, Paragraph 2.
(19) “Politically Exposed Persons, etc.” refers to those who have an important position in a foreign government, etc., and those who have held an important position in a foreign government, etc. in the past.
(20) “Relatives” means spouse (including those who have not registered their marriage but are in a situation similar to that of marriage; the same shall apply hereinafter), parents, children and siblings, and these. It means the parents and children of the spouse other than the person.
Article 4 (New registration)
1. Those who wish to use this service (hereinafter referred to as “registration applicants”) agree to this agreement and then use the information specified by the Company (hereinafter referred to as “registration information”). By providing it to us by the prescribed method, we shall apply to us for registration to use this service.
2. The Company will determine whether or not the applicant for registration can be registered in accordance with the Company’s standards and procedures, and if the Company approves the registration, the Company will notify the applicant for registration, and by this notification, the NFT registered user of the applicant for registration will be notified. Registration as is completed.
3. Depending on the content of the registration information of the applicant for registration, it may be necessary to provide additional registration information.
4. Upon completion of the registration stipulated in Paragraph 2, a contract to use this service in accordance with the provisions of this agreement shall be concluded between the NFT registered user and the Company, and the NFT registered user shall use this service by the method prescribed by the Company.
5. The Company may refuse registration if the applicant for registration falls under any of the following reasons.
(1) When there is a false statement, clerical error, or omission in all or part of the registration information provided to us.
(2) If you are a minor, a guardian of an adult, a guardian, or an assistant, and you have not obtained the consent of a legal representative, guardian, guardian, or assistant.
(3) When the Company determines that the person is the person specified in Article 18
(4) When it is judged that there is a high risk of financing for money laundering, terrorist financing and the spread of weapons of mass destruction (hereinafter, these acts are collectively referred to as “money laundering, etc.”).
(5) In addition, when we judge that registration is not appropriate
Article 5 (Change / Addition / Periodic Confirmation of Registration Information, etc.)
Article 6 (Articles relating to important public figures such as foreign governments)
1. NFT registered users shall be sure to notify the Company if they fall under or fall under any of the following items.
(1) Important Exposed Persons, etc. of foreign governments, etc.
(2) Relatives of important public figures (Politically Exposed Persons) such as foreign governments.
(3) A corporation in which important public figures (Politically Exposed Persons) such as foreign governments are the effective owners.
2. NFT registered users shall notify the Company without delay if there is a change in the notification items in the preceding paragraph.
Article 7 (Management of registered e-mail address and password)
NFT registered users shall properly manage the registered e-mail address and password of the trading account in accordance with the “FEPE Terms of Service”.
Article 8 (Fee)
1. The seller shall pay to the Company the sales commission calculated by multiplying the product exchange price by the rate separately determined by the Company, using the cryptographic assets designated by the Company when the exchange contract specified in Article 12, Paragraph 2 is concluded. increase.
2. The NFT registered user shall pay the shipping fee separately determined by the Company to the Company with the cryptographic assets designated by the Company when the goods are shipped from the address managed by the Company.
Article 9 (NFT account)
1. NFT registered users will open an NFT account upon completion of the registration procedure stipulated in Article 4. NFT registered users can make transactions using this service from their NFT account. However, if we determine that the NFT in the NFT account is related to criminal proceeds for reasonable reasons, we may freeze the NFT account.
2. NFT registered users shall be able to store NFTs handled by the Company to the addresses managed by the Company by the method prescribed by the Company for the purpose of conducting transactions using this service. The receipt of the NFT shall be completed at a time when the Company can reasonably recognize the transmission of the NFT, not at the time when the procedure of the NFT registered user is completed, and the quantity of the NFT will be displayed in the NFT account at that time. If an NFT registered user sends an NFT that is not handled by us when the NFT is received, or if the destination is mistakenly sent (sent to a destination that we used before and is not currently using). If you do, or if you send an NFT of a different type than the NFT specified by us to the destination specified by us), the NFT registered user will request us to return these NFTs. We shall not be liable for any damages caused to NFT registered users.
3. At the request of the NFT registered user, we will respond to the issuance of NFT from the NFT account according to the method prescribed by us. The NFT registered user shall specify the destination of the NFT at his / her own risk, and the Company shall be exempted from liability for such NFT if the procedure for sending the NFT to the destination is performed according to the instructions of the NFT registered user. In addition, we are not responsible for the accuracy and validity of the destination information provided by NFT registered users.
4. Unless the standard specified by the Company is exceeded or the Company separately notifies for a reasonable reason, the procedure for issuing the NFT in the preceding paragraph shall be carried out promptly in principle after the request.
5. Even if a new branch or grant and crypto assets are granted to the NFT entrusted by the NFT registered user due to a new blockchain branch, the NFT registered user will give a new branch to the Company. NFT grants and handling cannot be requested.
Article 10 (Use of this service)
1. NFT registered users will use this service in accordance with the method prescribed by the Company, within the scope of the purpose of this agreement and within the scope of not violating this agreement, only during the period when they are effectively registered as NFT registered users can do.
2. Preparation (including installation of necessary applications) and maintenance of computers, software and other equipment, communication lines and other communication environments necessary to receive the provision of this service are the costs and responsibilities of NFT registered users.
3. NFT registered users shall take security measures such as prevention of computer virus infection, unauthorized access and information leakage at their own expense and responsibility according to the usage environment of this service.
4. NFT registered users must compensate for any damages caused to the Company by violating this agreement or in connection with the use of this service.
Article 11 (Exhibition)
1. The seller may cancel the listing before the exchange contract specified in Article 12, Paragraph 2 is concluded. The seller cannot cancel the exchange contract after it is concluded.
2. Sellers must not list fraudulent products on this service.
3. If the seller makes a listing that violates this agreement, or if the seller determines that the listing has been made without the intention of concluding a true exchange contract, or if the Company determines that it is inappropriate, the Company shall. , You can disable a listing without notifying the seller in advance. If a listing becomes invalid, we may invalidate the purchase for that listing.
4. If the seller repeats and continues transactions with the intention of profit, please display the necessary items in accordance with the law of the seller’s own country.
5. We do not guarantee the establishment of the exchange contract to NFT registered users
Article 12 (Purchase)
1. Purchase can be made by exchanging the seller for the cryptographic assets designated by the Company.
2. When the purchase button is pressed by the purchaser for the product listed on this service and the crypto asset specified by the seller and the Company is subtracted from the NFT account of the purchaser, the product and the crypto specified by the Company are deducted. An exchange agreement is established between the seller and the buyer for the asset. The purchaser shall not be able to cancel the exchange contract after the exchange contract has been concluded, and shall not insist on invalidation or cancellation of the completed transaction for any reason.
Article 13 (Exchange of goods and crypto assets)
1. When the exchange contract is concluded, the purchaser shall exchange the goods with the cryptographic assets entrusted to the Company to the seller, and at the time of the conclusion of the exchange contract, the cryptographic asset account of the purchaser shall decrease.
2. When it is reflected on the NFT account, the purchaser acquires the product related to the exchange contract, the seller acquires the crypto asset after deducting the sales commission related to the exchange contract, and the balance of NFT in the purchaser’s NFT account. However, the balance of cryptocurrency in the seller’s cryptocurrency trading account shall increase.
Article 14 (NFT delivery)
1. NFT issuance may be delayed depending on the NFT block generation status and other conditions.
2. If the Company finds that the NFT is inappropriate from the application contents of the NFT registered user or the attributes of the destination in accordance with the laws and regulations, the NFT can be temporarily suspended and the NFT can be issued. It may disappear.
Article 15 (Prohibited matters)
1. NFT registered users must not perform any of the following acts when using this service.
(1) Acts that infringe the intellectual property rights, portrait rights, privacy rights, honors, other rights or interests of the Company or other users of this service or other third parties (directly or indirectly infringing these infringements) including acts that cause in.
(2) Acts related to money laundering, etc. or similar acts, acts related to criminal acts, or acts contrary to public order and morals.
(3) Acts of transmitting information including computer viruses and other harmful computer programs.
(4) Acts of falsifying information that can be used for this service.
(5) The act of transmitting data exceeding a certain amount of data specified by the Company through this service.
(6) Solicitation to other NFT registered users such as advertisement distribution
(7) The act of listing or purchasing without the intention of truly concluding an exchange contract.
(8) Other acts of using this service for a purpose different from the intended purpose of use of this service.
(9) Acts that may interfere with the operation of this service by our company.
(10) The act of the same person opening or attempting to open multiple NFT accounts.
(11) Acts of opening or attempting to open an NFT account under a name other than the person’s name, such as a fictitious name or the name of another person.
(12) Selling, exchanging, or warehousing NFTs other than NFT registered users with an NFT account.
(13) The following acts to be performed for the purpose of fluctuating the price of NFT
・ Disseminating unreasonable facts that the actor has not directly experienced or recognized to an unspecified number of people.
・ Perform fraudulent acts by means of misleading others. Doing words and deeds that inspire others’ gambling spirit.
・ Use assault or intimidation.
(14) Acts of fraudulent means, plans or techniques regarding the exchange of NFTs, or the act of making false or misleading indications regarding important matters.
(15) Acts of trading or attempting to make a transaction under a name other than the person’s name, such as a fictitious name or the name of another person.
(16) Acts of reporting false or intentionally incorrect information to the Company.
(17) Acts of using NFT for gambling / gambling.
(18) Acts that violate or may violate laws and regulations.
(19) Other acts that the Company deems inappropriate.
2. If the Company determines that the NFT registered user in this service falls under or may fall under any of the items in the preceding paragraph, the Company shall notify the NFT registered user in advance at the discretion of the Company. Instead, it is possible to take measures such as deleting all or part of the information sent by the NFT registered user, or deleting or suspending the NFT account of the NFT registered user. We will not be liable for any damages caused to NFT registered users as a result of the measures taken by us under this section.
3. Even if the NFT account of the NFT registered user is deleted pursuant to the provisions of the preceding paragraph, the Company shall not be obliged to return the documents, etc. received from the NFT registered user by the time of the deletion.
Article 16 (Suspension of this service, etc.)
1. The Company shall be able to suspend or suspend all or part of the use of this service without notifying the NFT registered user in advance in any of the following cases.
(1) When the inspection or maintenance work of the computer system related to this service is performed regularly or urgently.
(2) When the computer, communication line, etc. stop due to an accident.
(3) When this service cannot be operated due to force majeure such as fire, power outage, or natural disaster.
(4) When our assets are stolen by hacking or other methods.
(5) In case of system abnormality required to provide this service.
(6) When investigating unauthorized use of NFT accounts.
(7) When NFT is no longer available.
(8) In addition, when the Company determines that suspension or suspension is necessary.
2. The Company may terminate the provision of all or part of this service at the convenience of the Company. In this case, we will notify the NFT registered user in advance.
3. The Company will not be liable for any damages caused to NFT registered users due to the measures taken by the Company based on this
Article 17 (Attribution of rights)
1. All ownership and intellectual property rights related to our website and this service belong to us or those who have licensed us, and the license to use this service based on the registration stipulated in this agreement belongs to our website. It does not mean the license of the intellectual property rights of the Company or the person who has licensed the Company regarding the site or this service. NFT registered users are limited to acts that may infringe the intellectual property rights of the Company or those licensed to the Company for any reason (including, but limited to, disassembly, decompilation, reverse engineering) shall not be done.
2. Texts, images, videos and other data posted or transmitted by NFT registered users on our website or this service can be freely used by us at free of charge (multiple).
(Includes manufacturing, copying, modification, sublicense to third parties and all other uses can be done.)
Article 18 (Exclusion of antisocial forces)
1. NFT registered users should not be currently gangsters, gangsters, those who have not been a gangster for less than five years, quasi-members of gangsters, companies related to gangsters, general assembly shops and other persons equivalent to these (hereinafter referred to as “gangsters, etc.”), and state that they do not fall under any of the following items, and do not fall under any of the following items in the future.
(1) Having a relationship in which it is recognized that the members of the gangsters, etc. control the management.
(2) Having a relationship in which it is recognized that the members of the gangsters, etc. are substantially involved in management.
(3) Having a relationship that is recognized as unfairly using a gangster, etc., for the purpose of gaining the wrongful profits of oneself, the company or a third party, or for the purpose of damaging a third party.
(4) Having a relationship that is recognized as being involved in providing funds or providing convenience to the members of the gangsters.
(5) Officers or persons who are substantially involved in management have a relationship that should be socially criticized with members of gangsters.
2. NFT registered users shall assure themselves or by using a third party that they will not perform any of the following acts.
(1) Violent demands.
(2) Unreasonable demands beyond legal responsibility.
(3) Acts of threatening behavior or using violence regarding transactions.
(4) Disseminating rumors, damaging our credibility or interfering with our business by using counterfeiting or power.
(5) Other acts equivalent to the preceding items.
3. NFT registered users are members of gangsters, etc., or act that fall under any of the items of paragraph 1 and fall under any of the items of the preceding paragraph, or make false declarations regarding statements / promises based on the provisions of paragraph 1. If it turns out that you have done so and it is inappropriate to continue to do business with the NFT Registered User, the NFT Registered User will lose the benefit of any debt term to us upon request from us and immediately. The debt shall be repaid.
4. Even if the NFT registered user suffers damage due to the application of the provisions of the preceding paragraph, we shall not make any claim to the Company. In addition, NFT registered users shall be liable for any damages caused to us.
Article 19 (Cancellation of registration, etc.)
1. If an NFT registered user falls under any of the following reasons, we will temporarily suspend the use of this service for the NFT registered user without prior notice or notification, and NFT You can cancel your registration as a registered user or cancel the contract for using this service.
(1) If you violate any provision of this agreement.
(2) When the Company determines that the registered information contains false facts or may be false.
(3) When we use or try to use this service for a purpose or method that may cause damage to our company, other NFT registered users or other third parties.
(4) When the operation of this service is obstructed by any means.
(5) When canceling the NFT account.
(6) When payment is suspended or insolvent, or a petition for bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, etc. is received, or the petition is filed by oneself.
(7) When a resolution is made to abolish, change, transfer, or dissolve business.
(8) When a bill or check drawn or underwritten by oneself is dismissed, or when the transaction of the clearing house is suspended or other similar measures are taken.
(9) When there is a petition for seizure, provisional seizure, provisional disposition, compulsory execution or auction
(10) If you are subject to tax delinquency.
(11) If you die.
(12) When there is no response to the contact from our company.
(13) When each item of Article 18 Paragraph 1 or each item of Article 18 Paragraph 2 is applicable.
(14) When an NFT registered user makes inappropriate words or actions to the Company or its employees in the conventional wisdom.
(15) When the Company asks for identity verification but does not.
(16) When the Company determines that NFT registered users have a high risk of money laundering, etc.
(17) In addition, when the Company determines that it is not appropriate to continue registration as an NFT registered user.
2. If any of the reasons in the preceding paragraph applies, the NFT registered user will naturally lose the profit due to all the debts owed to the Company and will immediately pay all the debts to the Company.
3. If any of the reasons in each item of Paragraph 1 is applicable and the registration is canceled, the Company will display it as a balance in the NFT account at the time specified by the Company without notifying the NFT registered user in advance. All NFTs shall be replaceable.
4. The Company shall not be liable for any damages caused to NFT registered users due to the actions taken by the Company based on this article.
5. NFT registered users can cancel their registration as NFT registered users and cancel the contract for using this service by notifying us by the method prescribed by us.
6. Even if the use of this service is temporarily suspended for NFT registered users or the registration as an NFT registered user is canceled and the contract for using this service is canceled according to the provisions of this article (excluding the case of the preceding paragraph). , The Company shall not be obliged to clarify the reason to the NFT registered user. In this case, the Company shall not be obliged to return the documents, etc. received from the NFT registered user by the time of the suspension or cancellation.
Article 20 (Disclaimer)
1. The Company does not guarantee to NFT registered users any matters not stipulated in this agreement.
2. The Company provides a service that provides a place for NFT exchange, and does not guarantee that there will be no invalidation, cancellation, cancellation or any other reason to prevent the establishment or validity of the contract in the established exchange contract.
3. NFT registered users shall investigate whether using this service violates the laws and regulations applicable to NFT registered users, internal rules of industry groups, etc. based on their own responsibility and expense. Does not guarantee that the use of this service by NFT registered users will comply with the laws and regulations applicable to NFT registered users, the internal rules of industry groups, etc.
4. NFT registered users handle and resolve transactions, communications, disputes, etc. that occur between NFT registered users and other NFT registered users or third parties in connection with this service or our website at their own risk.
5. We do not guarantee that there will be no interruption, suspension, termination, unavailability or change of the provision of this service by our company. In addition, the NFT registered user may delete or lose the message or information of the NFT registered user by the NFT registered user, cancel the registration of the NFT registered user by the NFT registered user, or lose the data by the NFT registered user, or the device may be out of order or damaged. , It shall be processed and resolved at its own risk.
6. If a link from our website to another website or a link from another website to our website is provided, we does not guarantee any website and the information obtained from it other than our website.
7. We do not guarantee no legal defects in this service (including defects related to security, errors, bugs, infringement of rights, etc.), as well as safety, reliability, accuracy, completeness, and effectiveness.
8. The Company do not guarantee that there will be no establishment or change of future tax system or related income tax and consumption tax on NFT and crypto assets, including laws, government ordinances, laws, rules, orders, notifications, ordinances, guidelines and other regulations (hereinafter referred to as “laws, etc.”).
9. Even if the exchange is successful, if the exchange is erroneously established due to a system abnormality or other causes, or if the exchange is established at a price that clearly deviates from the actual price, the Company will carry out the exchange. It shall be possible to cancel.
10. The Company does not guarantee no any damage to NFT registered users if the effect of future enactment or change of tax system including laws and regulations on NFT and crypto assets or related income tax and consumption tax goes back to the past.
11. The Company is no responsible for confirming and fulfilling the domestic and overseas tax treatment of the purchaser and the seller.
12. We do not guarantee the value, stability and legality of NFT itself.
13. Notwithstanding the provisions of the preceding paragraphs, due to the services provided by the Company, due to reasons attributable to the Company, NFT registered users (to individuals other than those who are parties to the contract as a business or for the business). If we are liable for the damages, unless we have intentional or gross negligence, the scope of the damages we incur is actually due to our actions. It is limited to the damage incurred and is limited to the total amount of the fee stipulated in Article 8 actually received from the NFT registered user within one month from the time when the cause of the damage occurred.
14. Notwithstanding the provisions of paragraphs 1 to 12, NFT registered users (only if they are parties to the contract as a business or for the business) due to the services provided by the Company, the Consumer Contract Law applies. The Company shall not be liable to the NFT registered user in the event of any damages (excluding cases where there is a problem), unless the Company has intentional or gross negligence.
Article 21 (Confidentiality)
1. In this agreement, “confidential information” means the technology of our company that the NFT registered user has provided or disclosed from us in writing, orally or by recording medium, etc., or has learned in connection with this agreement or this service. , Sales, operations, finance, organization, and all other information. However,
(1) what was already publicly known or already known when provided or disclosed by the Company or when it was known,
(2) provided or disclosed or known by the Company. Later, what became publicly known by publications and others due to reasons not attributable to one’s own blame,
(3) Those legally obtained without obligation of confidentiality from a third party who has the authority to provide or disclose,
(4) Those developed independently without using confidential information,
(5) Confidentiality from our company Anything confirmed in writing to the effect that it is not necessary shall be excluded from confidential information.
2. NFT registered users shall use the confidential information only for the purpose of using this service, and shall not provide, disclose or leak the confidential information of the Company to a third party without the written consent of the Company.
3. Notwithstanding the provisions of Paragraph 2, NFT registered users may disclose confidential information based on orders, requests or requests of law, courts or government agencies. However, if there is such an order, request or request, we must promptly notify the Company.
4. Whenever requested by the Company, the NFT registered user shall, without delay, return or dispose of confidential information and documents or other recording media containing or containing the confidential information and all copies thereof, in accordance with the instructions of the Company.
Article 22 (Changes to these Terms)
1. Our company shall be able to change the contents of this service arbitrarily.
2. The Company shall be able to change this Agreement (including instructions, guidelines, policies, precautions and other individual rules regarding this service posted on the Company’s website. The same shall apply hereinafter in this section).
3. When we change this agreement, we shall notify you that this agreement will be changed, the content of the change and the effective time of the change, and NFT registered users will use this service after the effective date. If you do, or if you do not take the procedure for canceling the registration within the period specified by the Company, the NFT registered user will be deemed to have agreed to the change of this agreement.
Article 23 (Notice, etc.)
Inquiries regarding this service and other communications or notifications from NFT registered users to the Company, notifications regarding changes to this Agreement, and other communications or notifications from the Company to NFT registered users shall be made by the method prescribed by the Company.
Article 24 (assignment of this agreement, etc.)
1. NFT registered users may not assign, transfer, set collateral, or otherwise dispose of the status under the usage contract or the rights or obligations based on this agreement to a third party without the prior written consent of the Company.
2. When the Company transfers the business related to this service to another company, the status under the usage contract, the rights and obligations based on this agreement, the registration information of the NFT registered user and other customer information are transferred in connection with the transfer of the business. The transfer may be made to the transferee, and the NFT registered user agrees in advance in this section with respect to such transfer. The business transfer specified in this section shall include not only ordinary business transfer but also company splits and all other cases where the business is transferred.
Article 25 (Governing Law and Court of Jurisdiction)
The governing law of this Agreement shall be Hong Kong Law, and the Hong Kong Court shall be the exclusive jurisdiction court of the first instance for all disputes arising out of or related to this Agreement.
Article 26 (Council)
The Company and NFT registered users shall promptly resolve any matters not stipulated in this agreement or any doubts about the interpretation of this agreement after mutual consultation in accordance with the principle of good faith.
November 1, 2021
FEPE Co., Limited