The TOS is to set forth the relationship of rights and obligations between PEHK or a third party with legitimate authority and the User with respect to the terms and conditions of purchase and granting of the NFTs intended to be used by the User within the Service.
The following terms used in the TOS shall have the meanings set forth below.
(1) “Wallet” means the account designated by PEHK and managed by the User to manage the NFTs.
(2) “ETH” means Ethereum, which is a crypto asset (including the case called cryptocurrency. The same shall apply hereinafter), or its unit.
(3) “Address” means an account (including, but not limited to, a wallet) for managing or storing ETH and other crypto asset.
(4) “Standard ETH rate” means the exchange rate between ETH and Hong Kong dollar in the market designated by PEHK at 0:00 am on the day before the start of granting the NFTs based on the individual contract.
(5) “Individual contract” means a sales contract concluded between PEHK and the user based on the provisions of Article 6.
(6) “Receiving Address” means the address that the User holds to receive the NFTs from PEHK and the address notified to PEHK by the method specified by PEHK.
(7) “Sending Address” means the address used by the User to send the ETH, which is the consideration for the NFTs to PEHK and the address notified by the User to PEHK in accordance with the method specified by PEHK.
(8) “Our address” is the address used to receive ETH, which is the consideration for the NFTs, from the user, and means the address that PEHK have notified the user.
(9) “Return address” is the address of the destination when we return the ETH received from the user to the user for some reason, and the user sends it to us by the method specified by us. It means the notified address.
(10) “Usage Contract” means a contract concluded between PEHK and the User based on the provisions of Article 3.
(11) “Usage Contracts” means a general term for Usage contracts and Individual contracts.
(12) “Metadata” means data that represents the NFTs, such as images, names, and summaries that are managed in association with the NFTs.
(13) “Smart contract” means a mechanism to automatically execute a contract on the blockchain.
(2) When using the Service, Users shall manage their own wallet information (hereinafter referred to as “Wallet Information”) at their own responsibility, and shall bear all responsibility for any actions taken using their Wallet Information.
(3) The User shall not allow a third party to use the Wallet Information, lend, transfer, change the name, buy or sell, etc., except as specified by PEHK.
(4) PEHK considers all actions taken using the User’s own Wallet Information to be actions by the user who manages the Wallet Information, regardless of who the actual user is.
(5) PEHK shall not be liable for any damages including loss or inability to use the cryptocurrency in the Wallet due to malfunction or loss of the terminal equipment used by the User, attacks by malware, spyware, viruses, hacking or cracking from a third party, inadequate management of the Account, etc., errors in use, or use of the Account by a third party, etc., unless the Company is intentionally or grossly negligent.
(6) If there is a risk that the User’s Wallet Information will be used illegally by a third party, the User shall promptly notify PEHK and take necessary measures to avoid the unauthorized use.
(7) PEHK is not responsible for any disadvantages (cryptocurrency in the wallet or any other state realized by this service (hereinafter collectively referred to as “usage data, etc.”) and, including the loss of information on the blockchain related to this service.)) that may occur to the User due to the user losing or forgetting own wallet information.
(8) If the User lacks even one of the User’s terminal device, private key and password, the User will not be able to use the wallet. Users understand in advance that it is impossible for us to provide any relief for the wallet.
PEHK’s only obligation under the Usage contracts is to grant the NFTs to the User, i.e., to make certain records on the blockchain with respect to the User’s possession of the NFTs, and PEHK shall have no other obligations other than such obligations. In addition, except for granting the NFTs, PEHK does not grant to the User any ownership rights, equity interests, shares, rights to receive certain revenues or other similar rights, intellectual property rights, or any other rights of any kind to PEHK.
(1) In applying to purchase the NFTs, the User shall prepare and possess, at its own expense and responsibility, the address for receiving, returning, and sending the NFTs.
(2) When applying for the purchase of these NFTs, the user shall notify us of the information specified by us about the NFTs that we wish to purchase by the method specified by us, and by accepting the application, this agreement A contract regarding the granting of the NFTs based on the above (hereinafter referred to as “Individual contract”) shall be concluded.
(3) After the establishment of the Individual contract, the User shall send PEHK the number of ETH specified by PEHK as the consideration for the NFTs by the date separately specified by PEHK in the method specified by PEHK. The User shall bear the costs incurred in sending such ETH.
(4) Upon receipt of the ETH set forth in the preceding paragraph, PEHK shall send the NFTs to be purchased by the User to the address for receipt, subject to the conditions set forth in the following Article.
(5) The metadata of the NFTs will not be finalized even after PEHK sends the NFTs to the User, and will be updated and finalized on a later date separately determined by PEHK.
(6) Because it may take a certain amount of time for the system to grant the NFTs, the User agrees that it may take a period of time after the application in Paragraph 1 before the NFTs are granted in accordance with the preceding paragraph.
(7) A User who is a minor, an adult ward, a person under curatorship, or a person under assistance shall obtain the consent of his/her legal representative, guardian, or assistant when applying for the purchase of the NFTs.
The granting of the NFTs set forth in the preceding article is subject to the fulfillment of all of the following conditions, unless waived by PEHK in writing
(1) PEHK has made a decision to grant the NFTs to the User.
(2) The User understands and accepts the risks set forth in Article 10.
(3) Other than as set forth in the preceding items, the User has not violated the TOS.
(4)The preparation and maintenance of computers, software and other equipment, communication lines and other communication environments, etc. required in connection with the Usage Contracts shall be conducted at the expense and responsibility of the User.
(5)The user shall implement, at the user’s own expense and responsibility, security measures for the management of addresses and NFTs, including the prevention of computer virus infection, unauthorized access, and information leakage.
The User shall represent and warrant to PEHK on each conclusion date of the Individual contract that the following facts are true.
(1) The user has read the entire TOS (including the NFTs posted on the Service and various provisions related to the Service) and fully understands the contents.
(2) The user has the full authority to conclude an individual contract and fulfill its obligations in accordance with the individual contract, and also fulfills all procedures in accordance with all the laws and regulations necessary for concluding the individual contract. If the necessary licenses, notifications, and other procedures have been completed, and if any conditions are attached, the conditions must not be violated. Individual contracts are legal, valid, and legally binding for the user. It constitutes a certain obligation and it is possible to enforce the user in accordance with the clause.
(3) Decided to conclude an individual contract after obtaining sufficient information about the NFTs.
(4) The user understands that the purchase of the NFTs means only receiving the grant of the NFTs, and that the purchase of the NFTs does not give the user any rights regarding PEHK or its affiliated companies. Being.
(5) The user must not be a citizen, resident, resident or resident of a country or region where the purchase of the NFTs is prohibited, restricted or otherwise regulated by law.
The User shall confirm to PEHK the risks associated with the purchase of the NFTs set forth in the following items and acknowledge such risks.
(1) Uncertainty of information
PEHK may provide some information related to the NFTs on its website, SNS, etc. However, such information is provided only as a plan, and PEHK does not guarantee the truthfulness, accuracy, or feasibility of the contents of such information.
(2) Inherent Risks of the NFTs
Since the NFTs are not legal tender, the value of the NFTs is not guaranteed by any specific party, and there may be risks inherent in the NFTs themselves, such as bugs in the program.
(3) Liquidity risk
PEHK does not assume that the NFTs will be traded in P2P or exchanged for ETH or other cryptographic assets, and does not guarantee the possibility of such transactions.
(4) Risk due to Hard Fork
The NFTs is issued using the blockchain of ETH, and there is a risk of incompatibility due to a hard fork of the blockchain.
(5) Cyber attack risk
There is a risk that address information, etc. may be leaked due to a cyber attack, and the NFTs held by the user may be sent to a third party without permission.
(6) Network Risk
Since transactions of the NFTs are conducted using the blockchain mechanism, it may take a certain period of time to grant the NFTs, the granting of the NFTs may not be reflected in the address, or the granting of the NFTs may be cancelled. Moreover, since the NFTs are recorded electronically and the transfer of the NFTs is conducted on the network, there is a risk of loss.
(7) Risks related to addresses
A user may not be able to use the NFTs if the user loses the private key necessary to access the address for managing or storing the NFTs.
(8) Risk of Changes in Laws and Taxation System
The laws, regulations, and taxation systems related to the NFTs are still in flux, and there is a possibility that changes in laws, regulations, taxation systems, or policies may prohibit, restrict, or strengthen the taxation on the granting of the NFTs, restrict the possession of or transactions with the NFTs, or result in less favorable treatment of the NFTs than is currently the case, which may result in unexpected losses to users.
(9) Risk Regarding the Type and Number of NFTs
The type and quantity of the NFTs sold by PEHK in the Service are limited, and the User may not be able to purchase the NFTs of his/her choice.
(10) Other risks
In the payment for purchasing the NFTs, there is a possibility that a third party will impersonate PEHK and display an incorrect address to defraud the ETH sent by the User.
Any taxes and public dues imposed on the User in connection with the purchase of the NFTs shall be bear by the User. In addition, the User shall be responsible for confirming the types and amounts of taxes and public dues imposed on the User.
By accessing and using the Service or purchasing NFTs, a User shall not engage in any of the following acts:
(1) Infringing the intellectual property rights, portrait rights, rights of privacy, honor, or other rights or interests of PEHK, other users, or other third parties (including acts that directly or indirectly cause such infringement)
(2) Use data related to the NFTs for any purpose other than one’s own use other than on the blockchain (including copying such data other than on the blockchain, providing such data to a third party, or creating a product based on such data).
(3) An act of purchasing the NFTs using crypto assets that are related to criminal proceeds
(4) Acts related to criminal acts or acts that are offensive to public order and morals
(5) Actions that violate laws and regulations or the internal rules of PEHK or the industry group to which the User belongs
(6) Transmitting information that contains computer viruses or other harmful computer programs.
(7) Falsify any information that can be used in relation to the Service or the NFTs
(8) An act of transferring or receiving the NFTs to a third party by any means other than those specified by PEHK
(9) Impersonate any other person or use the Service using another person’s account.
(10) Creating multiple accounts.
(11) Use of programs that interact with the software of the Service and that PEHK does not permit to be used.
(12) acts of deciphering, decompiling, disassembling or reverse engineering the software used to provide the Service or the NFTs
(13) An act to modify the Services or the NFTs
(14) Any act that may interfere with the operation of the Service by PEHK
(15) Other acts that PEHK reasonably deems inappropriate.
(1) PEHK shall be able to suspend or suspend all or part of the use of the Service without notifying the user in advance in any of the following cases.
1. When performing regular or urgent inspection or maintenance work of the computer system related to the Service
2. When the computer, communication line, etc. stop due to an accident
3. When the Service cannot be operated due to force majeure such as fire, power outage, or natural disaster.
4. If there is a network problem regarding the handling of the NFTs, such as soaring GAS or transaction clogging
5. In addition, when PEHK reasonably determines that suspension or suspension is necessary
(2) We may terminate the provision of the Service or change the specifications of the Service at our convenience.
(3) PEHK shall not be liable for any damages caused to the purchaser based on the measures taken by PEHK based on this article.
(1) Preparation and maintenance of smartphones, computers, software and other equipment, communication lines, and other communication environments necessary to use the Service shall be at the expense and responsibility of the User.
(2) Users shall, at their own expense and responsibility, take security measures such as prevention of computer virus infection, unauthorized access, and information leakage according to the environment in which they use the Service.
(3) When installing software or downloading data in connection with the use of the Service, the User shall pay sufficient attention to prevent the disappearance or alteration of the User’s information or the failure or damage of the equipment. PEHK shall not be liable for any such damage incurred by the User.
(1) The NFTs are provided on an “as is” and “as available” basis, and PEHK makes no warranty of any kind with respect to the NFTs, including, but not limited to, fitness for a particular purpose, commercial viability, completeness, or continuity.
(2) PEHK does not warrant that the NFTs itself or the possession and transmission of the NFTs will not be subject to attack by viruses or other malicious third parties.
(3) Even if the User obtains any information on the NFTs directly or indirectly from PEHK, PEHK shall not make any warranty to the User beyond PEHK’s obligations expressly provided in these Terms.
(4) PEHK does not guarantee that the NFTs will be reliable, up-to-date, or free from defects or that it will meet any other conditions expected by the User.
(5) PEHK does not guarantee that any defects in the system of the NFTs will be corrected in the future.
(6) PEHK may issue additional NFTs at PEHK’s discretion, and PEHK shall not be liable for any damages that may occur to the User in connection with such issuance.
Creative works related to the NFTs and the Service (including, but not limited to, images and videos associated with the NFTs. The same shall apply hereinafter in this Article). The term “NFTs” shall mean intellectual property rights (including copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights). All intellectual property rights (including the right to acquire such rights or to apply for registration of such rights) shall be the property of PEHK or its licensees. The granting of the NFTs under the Individual contract does not imply the transfer or licensing of the intellectual property rights of PEHK or any party that has granted a license to PEHK in relation to the NFTs or creative works related to the Service. The User shall not, for any reason whatsoever, perform any act (including, but not limited to, disassembly, decompilation, and reverse engineering) that may infringe the intellectual property rights of PEHK or any party that has granted a license to PEHK. (including, but not limited to, disassembly, decompilation, reverse engineering).
(1) In the event that the User causes damage to PEHK or a third party in connection with the Usage contracts, the User shall be liable for such damage (meaning not only direct and ordinary damage, but also all damage including lost profits, loss of business opportunities, loss of data, business interruption, other indirect damage, special damage, consequential damage, and incidental damage). PEHK shall be liable to compensate for the following damages.
(2) In the event that PEHK receives a claim or any other assertion of rights from a third party due to the User’s conduct with respect to the NFTs, the User shall, at the User’s expense, promptly take the necessary measures to prevent PEHK from directly receiving such claim or assertion of rights.
(1) PEHK and its affiliates shall not be liable for any damages incurred by the User in connection with the NFTs. (2) Notwithstanding any other provision, PEHK and its affiliates shall not be liable for any damages incurred by a User in connection with the NFTs. Even if PEHK is liable for damages to a User due to the application of the Consumer Contract Act or for any other reason, PEHK’s liability for damages shall be limited to the amount equivalent to the amount converted into Hong Kong dollar at the standard ETH rate of the ETH actually received from the User based on the individual contract related to the relevant damages.
(2) Notwithstanding any other provision, PEHK shall compensate the User for any damage suffered by the User in relation to the NFTs, if such damage is caused by PEHK’s default or tort and is caused by PEHK’s intentional or gross negligence.
In the event that the performance of obligations under the Usage contract is delayed due to circumstances beyond the rational control of PEHK (including, but not limited to, fire, power failure, hacking, invasion of computer viruses, earthquakes, floods, war, epidemics, stoppage of commerce, strikes, riots, inability to secure supplies and transportation facilities, or intervention by government authorities), PEHK shall not be liable to the User for any default during the period in which such condition continues.
(1) The User may not, under any circumstances, cancel the Usage Contracts and request the return of the ETH that the User has sent to PEHK as consideration for the NFTs.
(2) In the event that PEHK decides not to grant the NFTs to the User, PEHK may, at its discretion, return the ETH that PEHK has already received to the User. In this case, PEHK may return the ETH to the User by sending the User the same number of ETH that PEHK has received from the User, or by granting the User money equivalent to the amount converted into Hong Kong dollar at the standard ETH rate, or NFTs that PEHK deems to have equivalent value.
(3) In the event that a User violates the Usage Contracts, PEHK may, at its discretion, take any other action it deems appropriate, including the loss of the functions of the NFTs granted by PEHK to the User under the Usage Contracts.
(1) If the User falls under any of the following reasons, PEHK will temporarily suspend the use of the Service for the user or as a user without prior notice or notification. User can cancel the registration and cancel the usage contract.
1. If User violates any provision of TOS
2. When it is found that the registered information contains false facts
3. When using or attempting to use the Service for a purpose or method that may cause damage to our company, other users or other third parties
4. If User interfere with the operation of the Service by any means
5. When payment is suspended or insolvent, or there is a petition for bankruptcy proceedings, civil rehabilitation proceedings, or similar proceedings.
6. If User receives a dishonored check for a bill or check that User have drawn or underwritten, or if User has been suspended from trading at a clearing house or other similar measures.
7. When there is a petition for seizure, provisional seizure, provisional disposition, compulsory execution or auction
8. If User are subject to tax delinquency
9. If User dies or if User is judged to start guardianship, start guardianship, or start assistance
10. When applicable to each item of Article 3, Paragraph 3
11. In addition, when we judge that it is not appropriate to continue registration as a user
(2) If any of the reasons in the preceding paragraph applies, the user will naturally lose the benefit of the deadline for all the debts owed to PEHK and will immediately pay all the debts to PEHK. Must be.
(3) PEHK shall not be liable for any damage caused to the user due to the actions taken by PEHK based on this article.
(4) Individual contracts that have already been established at the end of the usage contract shall continue to be valid until all the obligations based on the individual contract are fulfilled unless the individual contract is canceled separately. , This agreement shall be applied within that range.
(1) PEHK may terminate the Usage Contracts without notice to the User, in the case where it is discovered that the User or the User’s agent or the person who mediates the conclusion of the Usage Contracts is an Antisocial Force (Meaning gangsters, organized crime groups, members of an organized crime group, companies affiliated with organized crime groups, a corporate racketeer (sokaiya), and other groups or individuals who pursue economic benefits using violence, power, or fraudulent methods. The same shall apply hereinafter.)
(2) PEHK represents and warrants that its current company directors, corporate auditors, employees, contractors, shareholders, business partners, and advisors are not a member or affiliated with Antisocial Forces. In the case where it is discovered that any of its members or affiliates have a relationship or involvement with Antisocial Forces for the purpose of improperly benefiting themselves or its organization or third party, the User will be notified immediately.
(3) PEHK shall not be liable for any damages caused to the User due to the cancellation stipulated in this article.
(1) In the Usage Contracts, “confidential information” means the technology of our company that the User has provided or disclosed or learned from us by oral, written or other recording media, etc. in connection with the Usage contracts. It means all information related to sales, business, finance, organization, and other matters (including matters related to the NFTs and the Service). However,
1. What was or was already known to the general public when it was provided or disclosed by PEHK or when it was known.
2. After being provided or disclosed by PEHK, or after being informed, it has become publicly known in publications or other reasons for reasons not attributable to oneself.
3. Those legally acquired without obligation of confidentiality by a third party who has the authority to provide or disclose,
4. Developed independently without confidential information,
5. What has been confirmed by us in writing that confidentiality is not required Is excluded from confidential information.
(2) The User shall use the confidential information only for the purchase of the NFTs, and shall not provide, disclose or leak the confidential information of PEHK to a third party without the written consent of PEHK.
(3) The User shall, without delay, at the end of the usage contract or whenever requested by PEHK, in accordance with the instructions of PEHK, the confidential information and the document or other recording medium containing or containing the confidential information, and all copies thereof. The item shall be returned or discarded.
(1) The User shall not transfer, set collateral, or otherwise dispose of the status under the Usage Contract or the rights or obligations based on the Usage Contracts to a third party without the prior written consent of PEHK.
(2) If PEHK transfers the business related to the NFTs or the Service to a third party (regardless of business transfer, company split, or any other aspect) the Usage contracts, the rights and obligations based on the status, Usage contracts, as well as information about the purchaser and other information may be transferred to the transferee of the transfer, and the user shall consent to such transfer in advance in this section.”
The Usage Contracts constitutes the entire agreement between the parties to the Usage Contracts with respect to the matters contained in the Usage Contract, and supersedes any prior agreements, representations and understandings, whether oral or written, between the parties with respect to the matters set forth in the Usage contracts.
Even if any provision of TOS or a part thereof is determined to be invalid or unenforceable, the remaining provisions of this Agreement and the remaining part of the provisions determined to be invalid or unenforceable, Continued to be in full force, and the parties to TOS may make such invalid or unenforceable provisions or parts legal and amend to the extent necessary to make them enforceable, such invalid or unenforceable. We shall endeavor to ensure the purpose of the clause or part and the legally and economically equivalent effect.
Even if the Usage Contract is terminated due to cancellation or other reasons, the provisions of Article 4, Article 5, Articles 8 through 11, Article 13.3, Articles 14 through 21, Article 22.2-4, Article 23.3, and Articles 24 through 29 shall remain in effect even after the termination of the Usage Contract. However, Article 24 shall remain in effect only for a period of five years after the termination of the Usage contract.
The Usage Contracts shall be governed by and construed under the laws of Hong Kong SAR. Hong Kong SAR Court shall have the exclusive jurisdiction of the first instance over all disputes arising out of or in relation to this terms of service.
Any matter not stipulated herein and any doubt as to the provisions in these Terms and Conditions not stipulated herein shall be discussed between the parties in a faithful manner in order to reach a smooth solution.
PEHK reserves the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Services. It is the User’s responsibility to check these Terms of Service periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Platinum Egg Hong Kong LTD.
Effective Jun 7, 2022