ANITOKYO

*This English translation is provided for convenience purposes only. The Japanese version of this document shall be regarded as the official version. In the event of a dispute, the Japanese language version shall prevail.

These terms of use (the “Terms of Use”) are entered into by and between you (the “User”) and A3 Inc. (the “Company”, “we”, “our”, “us”) through ANITOKYO and Otaku Culture Studio (the “Service”), and the rights and obligations between the User and the Company. User shall use the Service upon agreeing to these Terms of Use.
Matters not provided in this terms of use shall be subject to the "General Terms of Use" and "EC Terms of Use" separately established by the Company. In the event of any inconsistency or conflict between this Agreement and the contents of the "General Terms of Use" and "EC Terms of Use", the contents of this Agreement shall take precedence and apply.

Article 1 (Purpose and Contents of the Service)
1. The purpose of the Terms of Use is to define the conditions of the Service and the rights and obligations between the User and the Company. 2. The Service is a service for selling NFT (An abbreviation for Non-Fungible Token, which refers to non-substitutable tokens that are issued using blockchain technology. The same applies hereafter.) to the User through the website (http://ani-tokyo.com/、http://otaku-culture-studio.com/、https://eeo.today/store/101/ and the linked website) provided by the Company. The NFT sold in the Service is referred to as the “NFT”.
3. Please use the Service after obtaining the consent of a person with parental authority or another legal representative if the User is a minor. If the User uses the Service without the consent of a person with parental authority or other legal representative, falsely claiming to have consent or to be of legal age, or using fraudulent means to make a person believe that he/she is capable of performing other acts, all legal acts related to the Service cannot be revoked.

Article 2 (Use of Wallet)
1. In order to place an order for the NFT using the Service, the user must provide a MetaMask or other crypto asset management wallet at his/her own risk.
2. In using the Service, the User shall manage the information concerning the private key or seed phrase of his/her own wallet and all other information used in conjunction with the use of the Service (“Wallet Information, etc.”) on his/her own responsibility, shall take necessary measures to prevent illegal use by a third party, and shall bear full responsibility for any acts performed by himself/herself or third parties using the Wallet Information, etc.
3. We may consider an act performed using the Wallet Information, etc. as an act performed by the user who should manage the Wallet Information, etc.

Article 3 (Purchase of the NFT)
1. The User shall apply for the purchase of the NFT in the manner prescribed by the Company, and shall send ETH or other crypto assets equivalent to the price of the NFT displayed on the website to the address specified by the Company. The purchase agreement for the NFT (the “Agreement”, and the User in the Agreement shall be referred to as the “Buyer”) shall come into effect at the time of the actual receipt of such crypto assets by the Company or when the credit card payment for the price of the NFT displayed on the "eeo Store" is completed
2. Lottery sales
We may offer lottery sales of this NFT to members who apply for it by credit card payment on our website or other web services. We will notify of the lottery results by email after the lottery date. Members agree not to make any inquiries regarding the lottery application status or lottery results, and we will not respond to such inquiries.
During the lottery application period,members may change or cancel their lottery application by prescribed method.
The lottery will be conducted randomly in principle, but there may be cases where a specific selection method is prioritized. We are not obliged to disclose the specific lottery method to members.
3. The User shall bear gas fees (meaning crypto-denominated fees paid when using the blockchain network.). The same shall apply to gas fees paid by the User in the event that the Company is unable to receive ETH or other crypto assets due to a transaction error or other blockchain network malfunction.
4. The Company shall record the NFT and the purchase of the NFT on the blockchain and send the NFT to the wallet address of the Buyer (the “Delivery of the NFT”), and the performance of the Agreement by the Company shall be completed.
5. After Delivery of the NFT, the Buyer may not cancel, rescind, or cancel the Agreement for any reason, except as permitted by law, and the Company shall not accept returns or refunds.
6. The actions that Buyer may take with respect to NFT are as follows:
① Viewing on the Service
② Transfer to a third party
③ Posting on social networking sites, using it as icons, etc. for non-commercial purposes
④ Other acts that the Company expressly consents to

Article 4 (Fees and Expenses)
1. The NFT fee will be displayed on the NFT purchase page on the official website.
2. In addition to the NFT fee, a gas fee is required for the purchase of the NFT. In the case of credit card sales, the gas fee equivalent will be included in the sale price.
3. When tax and incidental expenses are generated by the purchase of the NFT and the use of the Service, the User should bear these expenses.
4. The User shall bear the cost for the purchase, installation or maintenance of the terminal necessary for the use of the Service and all communication costs that are generated when using the Service.
5. After the purchase of the NFT, the NFT will be delivered in exchange for ETH and other crypto assets or credit card prepayment is completed.

Article 5 (Intellectual Property Rights)
1. The intellectual property rights (Copyrights, patents, utility model rights, design rights, trademarks and other intellectual property rights) for the NFT and for the texts, images, programs and all other information provided through the Service or comprising the Service (the “Contents”) belong to the Company or to third parties that have the relevant rights. The provision of the Service and delivery of the NFT by the Company shall not be construed as a transfer of such intellectual property rights.
2. The User shall not reproduce, modify, adapt or otherwise create derivative works of the NFT.
However, for the content for which we have an exclusive copyright and for which we allow derivative activities, derivative activities may be created subject to compliance with the "Guidelines for Secondary Creation" separately stipulated by us on an individual basis.

Article 6 (Prohibited Items)
1. User shall not engage in any of the following acts or acts that may lead to such acts:
① Any act that violates laws and regulations, public order and morals, or these Terms and Use.
② Criminal acts or acts connected with criminal acts, or acts that assist or encourage such acts.
③ Any act that infringes on the intellectual property rights of the Company or a third party.
④ Acts that alter or damage the Service or the Contents.
⑤ Any act of disassembling, decompiling, or reverse engineering the Service or the Contents.
⑥ Any act of obtaining or illegally reproducing the Contents in an unauthorized manner.
⑦ Any act that unfairly discriminates against or slanders our company or a third party, or damages the reputation or credibility of the Company or the Service.
⑧ Any act that causes damage to the Company or a third party.
⑨ Any act that interferes with the operation of the Service.
⑩ Purchase of the NFT by a national, resident, or visitor of a country or region where the purchase of the NFT is prohibited, restricted, or otherwise restricted by law or regulation.
⑪ Any other acts that the Company deems inappropriate.
2. In the event that we deem that the User has violated the preceding paragraph, the Company may suspend or restrict the use of all or part of the Service, terminate the Agreement, or take any other measures that we deem necessary.
3. In the event that the User violates Paragraph 1 of this Article, the Company may demand compensation from the User for any and all damages incurred as a result of the User's violation.

Article 7 (Change, suspension, termination of the Service)
1. The Company may add new functions to the Service, change the Contents or name of the Service, or make any other changes to the Service, if the Company deems it necessary.
2. In the event of any of the following events, the Company reserves the right to suspend, cancel, or terminate all or part of the Service.
① When the Company performs maintenance or inspection of the computer system for providing the Service on a regular or emergency basis
② In the event that the operation of the Service is rendered impossible due to an unforeseen event such as a fire, power outage, natural disaster, etc.
③ In the event of an earthquake, tsunami, typhoon, thunderstorm, storm, flood or other natural disaster, fire, power failure or other unforeseen accident, war, dispute, uprising, riot, disturbance, labor dispute, epidemic or other plague, infectious disease or social shutdown caused by such events, or any other cause beyond the control of the Company, the Company shall not be liable for any loss or damage arising out of the use of the Service, including, without limitation in the event that the operation of the Service becomes impossible
④ In the event that the Service cannot be provided due to a malfunction of the computer system used to provide the Service, unauthorized access by a third party, infection by a computer virus, etc.
⑤ When the Service cannot be provided due to measures based on laws and ordinances, etc.
⑥ When the Company has notified the User in advance by e-mail, discord notice, or other means to a reasonable extent.
⑦ Other cases in which the Company deems it unavoidable
3. In the event that the Company suspends, halts, or terminates provision of all or part of the Service in accordance with the preceding paragraph, the Company shall notify the user to that effect to a reasonable extent in advance by means such as posting on the Service or on a website separately designated by the Company. However, in the case of an emergency, this will not apply.

Article 8 (Exclusion of Antisocial Forces)
1. The User represents and warrants that the User (in the case of a corporation, the representative, officer, or person who substantially controls the management of the company) are not Antisocial Forces, etc. such as organized crime groups, members of organized crime groups, companies affiliated with organized crime groups, general assemblymen, socially motivated groups, special intelligence groups, or persons equivalent thereto, or members of such groups, etc. (“Antisocial Forces, etc.”) and will not fall under any such category in the future.
2. The User shall ensure that he/she or a third party does not perform any of the following acts.
① Violent demanding behavior
② Unreasonable demands beyond legal responsibility
③ Behavior that uses threatening language or violence
④ Any act that damages our company's credibility or obstructs our company's business by spreading false rumors, using deceptive means or intimidation.
⑤ Any act involving Antisocial Forces, etc., regardless of the method or manner of such act
3. The User shall cooperate to a reasonable extent in any investigation conducted by the Company from time to time regarding whether the persons listed in each item of the preceding paragraph are Antisocial Forces, etc. and shall submit materials, etc. as requested by the Company based on reasonable grounds.
4. In the event that the Company determines that the User has violated the provisions of this Article, the Company may terminate the Agreement between the Company and the User and demand compensation for damages without giving any notice. In no event shall the Company be liable for any damages incurred by the User as a result of such termination.

Article 9 (Disclaimer)
1. The Company does not guarantee the completeness, certainty, validity, usefulness, up-to-dateness, legality, or compatibility with the User's usage potential and environment of the information provided by the Service. The Company is not responsible for any damage caused by the user's use or inability to use the Service and the relevant information, except in the case of willful misconduct or gross negligence on the Company’s part.
2. The Company is not responsible for disputes between Users or between User and third parties arising from the use of the Service, except in the case of willful misconduct or gross negligence on the Company’s part.
3. The Company shall not be liable for any damage arising from unauthorized access to the Service, computer virus infiltration, or any other damage caused by a third party, except in the case of willful misconduct or gross negligence on our part.
4. The Company is not liable for any damage caused by telecommunications carriers, electric utilities, or other business operators, except in cases of intentional or gross negligence on the Company’s part.
5. The Company shall not be liable for any damages arising from any change in the Service in accordance with Article 9, Paragraph 1, or suspension, termination, or cancellation of all or part of the provision of the Service in accordance with Paragraph 2 of the same article (including, but not limited to, damages caused by the loss of information, etc.), except in the case of willful misconduct or gross negligence by the Company. However, the Company shall not be liable for any damage arising from a decline in the market price of NFT.

Article 10 (Liability for Damages)
The extent of the Company’s liability for damages to the User shall be the ordinary damages the User has directly and actually suffered, and shall not exceed the amount of the purchase price of the NFT the User has received from the Company. However, this limitation shall not apply in the case of willful misconduct or gross negligence on the Company’s part.

Article 11 (Prohibition of transfer of rights and obligations)
The User shall not assign, transfer, grant security over, or otherwise dispose of his/her position under the Agreement, or all or part of his/her rights and obligations under the Agreement or these Terms and Conditions to a third party without the prior written consent of the Company. However, this shall not apply to the transfer of the NFT by the purchaser of the NFT to a third party.

Article 12 (Revision of these Terms and Conditions)
1. The Company reserve the right to change these Terms of Use without the User's consent in the following cases. The Company shall not be liable for any disadvantage or damage incurred by the User as a result of such modification.
① If the modification of these Terms and Use is compatible with the general interest of the User.
② The modification of the Terms and Use is not contrary to the purpose for which the agreement was made and is reasonable in light of the necessity of the modification, the reasonableness of the content after the modification, the details of the modification, and other circumstances pertaining to the modification 2. In the event of modification of these Terms of Use, the Company will post the modified Terms of Use on the website or in other appropriate places. However, if there is any significant adverse effect on the User or if the Company deem it necessary, the Company will provide the user with such notice in advance. 3.The User is deemed to have agreed to such changes by continuing to use the service after the changes to the Agreement take effect.

Article 13 (Good Faith Consultation)
In addition to the laws, regulations, and business practices, the Company and the User shall hold discussions in the spirit of good faith to resolve any questions of interpretation regarding the Agreement, matters not stipulated in the Agreement, or any other matters related to the Service.

Article 14 (Governing Law and Jurisdiction)
1. The Agreement is governed by and construed in accordance with the laws of Japan.
2. The Tokyo District Court shall have exclusive jurisdiction over any litigation or other dispute arising out of or in connection with this Agreement or the any other Agreement.

publication date:March 30, 2023