Crypto Beer Punks
Chapter 1 Basic Provisions
Article 1 (Definitions)
(1) "Wallet" means, in relation to the Service, a wallet equipped with functions for users to manage the NFTs (defined below).
(2) "Vesting Date" means the date on which the Company determines whether the holder of an NFT in a User Wallet (defined below) satisfies the conditions specified by the Company to receive the benefits associated with the Crypto Beer Punk Special Holder, as set forth in Article 10.2.
(3) "Intellectual Property Rights, etc." means copyrights, patents, utility model rights, trademarks, design rights, portrait rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights).
(4) "Our Website, etc." means the website whose domain is https://cryptobeer.jp/ (including subdomains, and in the event that the domain or content of our website is changed for any reason, the website after such change), or the social networking service that the Company uses to operate this community.
(5) "Registration Information" means the information provided by a user to the Company when registering to use the service (including information that is subsequently notified of changes).
(6) "Anti-Social Forces" means any of the following.
(i) Organized crime groups (meaning organized crime groups as defined in Article 2, Item 2 of Act on Prevention of Unfair Acts by Organized Crime Group Members; the same shall apply hereinafter), Members of organized crime groups, persons for whom five years have not passed since they ceased to be members of organized crime groups, quasi-organized members of organized crime groups, companies affiliated with organized crime groups, extortionists, persons who are involved in social activities, etc., or special intelligence violent groups, or persons who are considered to be equivalent thereto outside Japan (hereinafter collectively referred to as "Organized Crime Group Members").
(ii) Those having a relationship in which it is recognized that Organized Crime Group Members, etc., control the management of the company
(iii) Those having a relationship in which Organized Crime Group Members, etc. are deemed to be substantially involved in the management of the company
(iv) Those who are deemed to have a relationship with Organized Crime Group Members, etc. that is recognized as unjustly using them for the purpose of seeking unjust profits for themselves, their own company, or a third party, or for the purpose of inflicting damage on a third party
(v) Those having a relationship that is deemed to involve Organized Crime Group Members, etc. in the provision of funds, etc., or the provision of favors, etc.
(vi) Those whose officers or those substantially involved in the management have a socially reprehensible relationship with Organized Crime Group Members, etc.
(7) "Service" means collectively the community in which the Company issues NFTs and operates, and the services related thereto.
(8) "Community" means the community related to Crypto Beer Punks, which is operated primarily by the Company.
(9) "NFT" means the "Crypto Beer Punks NFT", which is a Non-Fungible Token issued on the blockchain that represents membership and content that enables the use of services designated by the Company, including participation in the Community.
(10) "User" means a person who uses the Service.
(11) "ETH" means Ether, a crypto currency (a "crypto currency" as defined in Article 2, Paragraph 5 of the Act on the Settlement of Funds), or a unit thereof.
(12) "Reveal" means the switching of the image displayed on the NFT on the date and time specified in Article 9.
Article 2 (Scope of Application)
Chapter 2 Transactions of the NFT
Article 3 (Conclusion of this Agreement)
1. If a User wishes to purchase the NFT, the User shall notify the Company of the application for the purchase of the NFT by the method designated by the Company, and the User shall send to the wallet designated by the Company (hereinafter referred to as "the Company's Wallet") ETH in the quantity specified by the Company as the consideration for this NFT by the method designated by the Company, and upon the Company confirming receipt of such ETH, etc., a purchase agreement for the purchase of the NFT (the "Agreement") will be formed between the said user and the Company. The user shall bear the cost of the blockchain network fees (gas fees, etc.) incurred in order to pay for such NFT.
2. Upon the conclusion of the agreement, the Company will send the NFTs purchased by the User under this agreement to a wallet managed by the user (hereinafter referred to as "User Wallet"). The metadata of the NFTs sent to the User Wallet (i.e., data representing the NFTs, such as images, names, and summaries, which are managed in connection with the NFTs) will be updated or fixed on a date separately determined by the Company.
3. The User agrees in advance that it may take a certain period of time for the Company to send the NFT to the User in accordance with the preceding paragraph.
4. If the User sends crypto currency other than ETH, etc. to the Company's wallet as consideration for the NFT under Paragraph 1, the agreement will not be concluded upon the sending of such crypto currency. In addition, the Company is not obligated to return such crypto currency, and even if the Company is obligated to do so, the Company may collect the costs incurred in returning such crypto currency. 5. The User may not cancel or rescind the agreement after it has been executed, except as permitted under the Civil Code, the Consumer Contract Act, or other laws.
Article 4 (Cancellation of the Agreement)
In the event that the Company determines that the User falls under any of the items of Article 20.1 or is likely to fall under any of the items of Article 20.1, the Company may cancel the agreement even after the NFT has been sent to the User, cause the NFT sold by the Company to lose its functionality, or take any other measures that the Company deems appropriate.
2. In the case of the preceding paragraph, the Company shall return the ETH, etc. received from the said user as consideration for the NFT upon such cancellation by sending the same to the User's Wallet. Any costs incurred in returning the consideration for the NFT upon cancellation of the agreement shall be borne by the User.
Article 5 (Transfer of the NFT)
2. The Transferor shall forfeit the rights represented by the NFT set forth in Article 10 upon transferring the NFT to the Assignee (except for any benefits which the Transferor is determined to receive under Article 10 at the time of such transfer).
3. The rights represented by the NFT as set forth in Article 10 may not be transferred separately from the NFT, and the Transferor shall be deemed to have transferred all the rights represented by the NFT to the Assignee at the time of transfer of the NFT to the Assignee.
5. The transfer of the NFT may be subject to taxation in accordance with current laws and regulations or future revisions of laws and regulations. The Transferor and the Assignee shall fully understand this and conduct the purchase and sale of the NFT at their own responsibility and expense. The Company does not provide advice or take any other action with respect to taxation matters, including whether or not they are subject to taxation. In the event of any doubt concerning taxation, the Transferor and Assigneethe are requested to make their own decision at their own responsibility and expense, or to seek professional judgment.
Article 6 (Fees)
Upon use of the Service, the User shall bear the fees separately designated by the Company. In addition, upon use of the Service, the User shall bear any blockchain network fees (gas fees, etc.), if any, as separately designated by the Company.
Article 7 (Royalties)
In the event that the NFT is listed on an external marketplace and purchased by a User, the Company may receive 10% of the sales price of the NFT or the quantity of crypto currency related to such listing in accordance with the method and conditions specified by the Company.
Article 8 (Taxes and Public Dues)
Taxes and public dues imposed on the purchase, sale, possession, or use of the NFT shall be borne by the User himself/herself. In addition, the User shall pay the type and amount of taxes and public charges imposed on him/her at his/her own responsibility and judgment.
Chapter 3 Services Related to the NFT
Article 9 (Method of Reveal)
The NFT shall be automatically revealed as of 21:00, December 23, 2022, Japan Standard Time.
Article 10 (Rights pertaining to possession of the NFT)
1. The holder of the NFT has the right to participate in the Community and vote in the manner designated by the Company in the Community.
2. The holders of the NFT will be classified as either Crypto Beer Punks Standard Holder or Crypto Beer Punks Special Holder according to the number of NFTs held in the User Wallet on the vesting date separately designated by the Company. Then, by notifying the Company of the mailing address, etc. of such holder in a manner separately designated by the Company, the holder may receive the following benefits (hereinafter referred to as the "Benefits").
(1) Crypto Beer Punks Standard Holder
(i) Admission to the Company's designated breweries in Japan
(ii) Priority purchase and discount rights for beer designated by the Company
(iii) Other privileges as designated by the Company
(2) Crypto Beer Punks Special Holder
(i) Privileges granted to Crypto Beer Punks Standard Holder as set forth in Item 1 above (excluding the privileges set forth in Item 1 (iii) of the same paragraph, which are designated by the Company)
(ii) Beer or Crypto Beer Glass of the type and quantity designated by the Company
(iii) Original coasters and stickers of the Company
(iv) Other benefits designated by the Company
3. If the holder of the NFT chooses "beer of the type and quantity specified by the Company" (hereinafter referred to as the "Beer Reward" in this Article) for the Reward in Item 2(ii) of the preceding paragraph, such holder may apply to the Company for the Beer Reward only if the holder agrees in the manner specified by the Company that (i) such holder resides in Japan and (ii) such holder is 20 years or older at the time of response.
4. The Company reserves the right to change the details of the Benefits set forth in Paragraph 2 without prior notice to the user.
5. The holder of the NFT agrees in advance that it may take a certain period of time for the Company to distribute the Benefits to such holder in accordance with Paragraph 2.
6. The Company shall distribute the Benefit in accordance with the contents of the notice given by the holder of the NFT in accordance with Paragraph 2, and the Company shall not be liable for any failure to distribute the Benefit to such holder due to an error in the contents of such notice or other circumstances, and in the event that the Company assumes responsibility, it shall comply with the provisions of Article 19, Paragraph 3.
Chapter 4 Common Provisions of the Service
Article 11 (Interruption and Suspension of the Service)
1. In any of the following cases, the Company may suspend all or part of the Service without prior notice to the User.
(1) In the event of periodic or emergency inspection and maintenance of the system related to the Service
(2) In the event of stoppage of computers, communication lines, etc. due to accidents, malfunctions, etc.
(3) In the event of a court order or mandatory disposition based on laws and regulations
(4) In the event that the Company reasonably deems it necessary to conduct an investigation in accordance with laws, regulations, or the Company's rules, etc.
(5) For unavoidable operational or technical reasons
(6) In the event that the Company needs to confirm the security of the Service due to unauthorized access to the Service by a third party, etc.
(7) In the event of a problem related to the handling of the NFT, such as a rise in blockchain network fees (gas prices, etc.) or the occurrence of a hard fork
(8) In the event that the Company is unable to provide the Service due to other force majeure such as natural disasters.
2. In the event of unavoidable circumstances, the Company may discontinue providing the Service by giving prior notice to the User, and the User agrees to this in advance.
3. Except in the case of willful misconduct or gross negligence on the part of the Company, the Company shall not be liable for any damages incurred by the User as a result of the measures stipulated in the preceding paragraphs, and if the Company is liable, it shall be in accordance with Article 19, Paragraph 3.
Article 12 (Other Companies' Services)
Use of the Service requires the use of a wallet that can be used on the Service and other services designated by the Company. In addition, the Company assumes no responsibility for services or systems provided by entities other than the Company.
Article 13 (Prohibited Acts)
In using the Service, the Company prohibits any of the following acts or acts that may lead to such acts by the User
(1) Acts that violate laws, ordinances, or public order and morals, or that cause or may cause disadvantage to a third party
(2) Acts that infringe on the intellectual property rights or other rights of the Company or a third party
(4) Acts that discriminate against or slander others, or damage their honor, credibility, or social reputation
(5) Acts that commit or induce fraud or other criminal acts
(6) Acts of transmitting obscene, child pornography, or child abuse images, documents, etc.
(7) Acts of establishing or soliciting an endless pyramid scheme
(8) Acts to impersonate another user
(9) Acts to interfere with the use of computers, telecommunication facilities, or other equipment and software installed by the Company or a third party
(10) Acts of using the Service in a manner other than through the interface provided by the Company
(11) Acts of transmitting or posting viruses or other harmful computer programs, etc.
(12) Acts of submitting false or intentionally erroneous information to the Company
(13) Acts of advertising, publicity, solicitation, sales, or any other commercial purpose without the prior consent of the Company
(14) Involvement in money laundering or terrorist financing
(15) Acts of sending ETH, etc. to the Company's Wallet without the intention of entering into the agreement for the NFT
(16) Acts of double transfer or attempted double transfer of the NFT
(17) Acts of using the NFT for gambling
(18) Acts of using data related to the NFT for purposes other than one's own use outside of the blockchain (including acts of reproducing said data outside of the blockchain, providing said data to a third party, etc., or creating a product based on said data, etc.)
(19) Acts of altering information that may be used in relation to the NFT, or acts of modifying the NFT
(20) Acts of using a program that interacts with the software of the Service and that is not approved for use by the Company
(21) Acts of instructing, instigating, or inciting a third party to commit any of the acts described in the preceding items
(22) Acts of interfering with or hindering the operation of the Service
(23) Acts that the Company reasonably determines to be inappropriate
Article 14 (Changes to the Service)
1. The Company may, at its discretion, change all or part of the Service at any time without prior notice to the User, for the purpose of adding functions, maintaining and improving the quality of the Service.
2. The Company does not guarantee that changes to the Service will maintain the same functionality and service content as before the changes.
Chapter 5 Handling of Data and Information
Article 15 (Confidentiality)
(1) Information that was already public knowledge at the time it was provided or disclosed by the Company or at the time it became known to the User
(2) Information that was already in its own lawful possession at the time it was provided or disclosed by the Company or at the time it became known to the User
(3) Information that has become public knowledge through publications or otherwise through no fault of its own after being provided or disclosed by the Company or after becoming known to the User
(4) Information disclosed by a third party who has legitimate authority to provide or disclose the information without any obligation of confidentiality
(5) Information developed independently without using information disclosed by the Company
(6) Information for which the Company have confirmed in writing that confidentiality is not required.
2. Notwithstanding the preceding paragraph, The User may disclose the Confidential Information to the minimum extent necessary in accordance with the provisions of Japanese or foreign laws or regulations, or upon request by an authorized government agency, self-regulatory organization, securities exchange, court or other public body.
3. The User shall return or destroy the Confidential Information and any documents or other recording media containing the Confidential Information and all copies thereof in accordance with the Company's instructions without delay upon termination of the agreement or whenever requested to do so by the Company.
Article 16 (Protection of Personal Information, etc.)
1. The Company shall properly handle the personal information of the User obtained through the Service. 2. In order to improve the quality of the Service, the Company may collect, investigate, and analyze data related to each User's operational activities during the Service, and the User agrees to this.
Article 17 (Ownership of Intellectual Property Rights, etc.)
1. All intellectual property rights and other property rights pertaining to the Company's website, creations (including but not limited to images, video, music, trademarks, logos, etc., hereafter referred to as "the Company's Deliverables") related to the Service and the content represented by the NFT shall belong to the Company or a third party having legitimate rights thereto.
2. The Company grants or sublicenses to the holder of the NFT a non-exclusive license to use the intellectual property rights pertaining to the contents of the NFT to the extent necessary for the use of the Service.
3. The holder of the NFT may use the NFT only within the scope of the license or sublicense provided in the preceding paragraph with respect to the content represented by the NFT.
4. The User may not, for any reason whatsoever, engage in any activity that may infringe upon the intellectual property rights, etc. held by the Company or any third party that has the legitimate authority to do so (including, but not limited to, modification, disclosure, distribution, decompilation, and reverse engineering).
5. The Company may freely use the Company's Deliverables without any restrictions.
6. The Company shall not be obligated to disclose the Company's Deliverables to the User.
Chapter 6 Limitation of Liability and Compensation for Damages, etc.
Article 18 (Compensation for Damages)
2. The Company shall not be liable for any matters related to transactions between the Users. In principle, the Company shall not intervene in disputes between the Users, nor shall it be obligated to do so, and the Users may not ask the Company to resolve disputes. However, if the Company deems it necessary for the smooth operation of the Service, the Company may intervene in disputes between the Users.
Article 19 (Disclaimer and Limitation of Liability)
1. The Company shall not be liable for any of the following damages, regardless of default of obligation, tort, or any other legal cause of claim. However, this shall not apply to the cases set forth in Paragraph 3.
(1) Damages caused by force majeure, such as natural disasters, civil commotion, riots, etc.
(2) Damages caused by failure of the User's connection environment, such as failure of the User's equipment or Internet connection service to the facilities for the Service
(3) Damages caused by the performance of the Internet connection service, such as response time from the facilities for the Service
(4) Damages caused by computer viruses of a type for which the Company has not received virus patterns, virus definition files, etc. from a third party for computer anti-virus software installed by the third party, entering the Service facilities
(5) Damages resulting from unauthorized access or attack by a third party to the facilities for the Service that cannot be prevented by the care of a good manager, or from interception along the communication path
(6) Damages caused by User's failure to comply with procedures, security measures, etc. set forth by the Company
(7) Damages caused by software (including OS, middleware, and DBMS) manufactured by a third party and databases among the facilities for the Service
(8) Damages caused by hardware manufactured by a third party in the Service facilities
(9) Damages caused by malfunction of telecommunication services provided by telecommunication carriers
(10) Damages arising from or related to Article 218 of the Code of Criminal Procedure, the Act on Interception of Communications for the Purpose of Criminal Investigation, other laws and regulations, or compulsory dispositions based on court orders
(11) Damages arising from the establishment, revision, abolition, or change in interpretation (including cases in which the effects of such changes are retroactive) of laws, orders, etc. of supervisory authorities, self-regulatory rules, or other rules and regulations to be followed by the Company with respect to the Service
(12) Damages caused by third party websites or the product or Service, regardless of whether or not they are linked to the Company's website
(13) Losses caused by soaring blockchain network fees (gas prices, etc.), occurrence of hard forks, etc.
(14) Damages caused by reasons beyond the Company's control in addition to the damages set forth in each of the preceding items
2. The Company does not guarantee the value, stability, or legality of the NFT.
Chapter 7 Continuation and Termination of this Service
Article 20 (Restriction of Use, etc.)
1. In the event that the Company determines that the User falls under or is likely to fall under any of the following items, the Company may, without prior notice, warning, etc., and without any liability to the User, restrict or discontinue all or part of the Service to the said User.
(2) In the event of the death of the User
(3) Involvement in or suspected involvement in money laundering or terrorist financing
(4) If the User is found to be, or is suspected of being, impersonating another User
(5) If it is found that the User has made false declarations regarding the User's representations and commitments
(6) If the Company is unable to contact the User
(8) In the event that the User has committed an act that interferes with or hinders the operation of the Service
(9) When the Company deems that the User has committed an act stipulated in Article 13.
(10) If the User is a national or resident of a country or region where the purchase, sale, possession or use of the NFT is prohibited, restricted or regulated
(11) If the User is a minor, an adult ward, a ward of a court of law, a ward of a court of law, a ward of a court of law, or a person subject to a limited guardianship, or a person subject to a conservatorship or curatorship
(12) If the User has been restricted from using the Service by the Company in the past
(13) In addition to the reasons set forth in the preceding items, if the Company reasonably deems it inappropriate to allow the User to use the Service
2. In the event of any of the items in the preceding paragraph, the User shall naturally lose the benefit of time with respect to all debts owed to the Company, and shall immediately pay all debts owed to the Company.
3. The Company shall not be liable for any damages incurred by the User as a result of the action stipulated in Paragraph 1, and if the Company is liable, it shall be in accordance with Article 19, Paragraph 3.
Article 21 (Exclusion of Anti-Social Forces, etc.)
1. The User shall represent and warrant that he/she does not fall under the category of antisocial forces.
2. The User shall pledge not to engage in any of the following acts or acts that may lead to any of the following acts, either by the User or by a third party
(1) Acts of violent demand
(2) Acts of unreasonable demands beyond legal responsibility
(3) Acts of threatening words or deeds or using violence in connection with transactions
(4) Acts of spreading rumors, using deceptive means or force to damage the Company's credibility or obstruct the Company's business
(5) Acts of any other unfairness similar to items (1) through (4), regardless of the method or manner of such acts.
3. If the User is found to be an antisocial force, the Company may, without prior notice or demand, restrict or discontinue all or part of the Service to the said user, or take other necessary measures.
4. The Company shall not be liable for any damages incurred by the User as a result of the measures stipulated in the preceding paragraph.
Chapter 8 General Provisions
(1) The contents of the modification conform to the interests of the Users in general.
(2) The content of the change is not contrary to the purpose of the agreement and is reasonable in light of the necessity of the change, the reasonableness of the content after the change and its contents, and other circumstances pertaining to the change.
Article 23 (Notification)
2. Under the preceding paragraph, in the event that the Company sends a notice to the User by sending an e-mail or posting a notice on the Company's website, etc., such notice shall be deemed to have reached the User at the time the e-mail is sent or the notice is posted on the Company's website, etc., respectively.
Article 24 ( Transfer of Rights and Obligations, etc.)
1. The User shall not assign, transfer, or grant as collateral to a third party all or part of his/her position under the agreement, or rights or obligations under the Agreement, without prior written consent of the Company.
2. In the event of a merger, corporate separation, business transfer, or other such event whereby a third party succeeds to the business related to the Service, the Company may transfer the status under the agreement, rights and obligations under the agreement, and User information to the successor of such business, and the User shall consent to such transfer in advance in this paragraph.
Article 25 (Effect)
Article 26 (Governing Law and Jurisdiction)
2. The Tokyo District Court shall have exclusive jurisdiction in the first instance over any dispute arising between the Company and the User in connection with the Service.
Enacted on December 12, 2022