Terms of Use
Last updated: April 17, 2025
1. Purpose and Application of the Terms
1.1
These Terms of Use (hereinafter referred to as the "Terms") apply to all relationships between Imari Tones (hereinafter referred to as the "Artist") and users (hereinafter referred to as the "Users") regarding the internet community service (hereinafter referred to as the "Service") provided and operated by the Artist.
1.2
Users agree to these Terms before using the Service. By using the Service, Users are deemed to have agreed to these Terms.
1.3
If a User is a minor, they must obtain the prior consent of their parent or legal guardian before using the Service.
1.4
The Artist may amend these Terms without obtaining Users' consent in the following cases:
(1) If the amendments align with the general interests of the Users.
(2) If the amendments do not conflict with the purpose of the agreement and are reasonable in light of the necessity, content, and other circumstances.
1.5
The Artist reserves the right to amend these Terms without prior notice if (i) it is deemed necessary and reasonable to do so (e.g., due to changes in laws or legal interpretations), or (ii) the amendments benefit a majority of Users (e.g., correction of typographical errors). The Artist retains full discretion over such decisions.
1.6
Continued use of the Service after the effective date of the amended Terms constitutes acceptance of the amended Terms. Please refer to the latest version of the Terms when using the Service.
2. Description of the Service
2.1
The Service refers to the community services provided and operated by the Artist through the website (https://xxx/, hereinafter referred to as the "Website") and the community server created by the Artist on Discord Inc.'s platform (hereinafter referred to as the "Discord Community"). These Terms shall apply regardless of whether the User resides outside Japan. The Service includes websites, mobile apps, App Clips, instant apps, and applications connected from the Website and the Discord Community (hereinafter collectively referred to as "Connected Services").
2.2
The Artist may modify the content of the Service without the User's consent. Connected Services may also change their content without the User's consent.
3. Use of the Service
3.1
Users shall use the Service in accordance with these Terms, the terms of use of Discord, Web3Auth, the Connected Services, and any other terms specified separately by the Artist (collectively, the "Individual Terms"). In case of any conflict between these Terms and the Individual Terms, these Terms shall prevail.
3.2
To use certain parts of the Service, Users must create a wallet (the "Wallet") using web3auth (https://web3auth.io/) provided by Torus Labs Pte Ltd and possess a membership certificate for the Service. Users may view the membership certificate for personal use only and shall not transfer, assign, or lend it to third parties.
4. User-Submitted Content
4.1
Users must comply with these Terms and the Individual Terms, and follow the instructions of the Artist and administrators when submitting any content (including but not limited to messages, images, reviews, usernames, attachments, comments, and voting results; collectively referred to as "User-Submitted Content") on the Discord Community or Connected Services. If the Artist determines that such content violates these Terms or the Individual Terms, or is likely to do so, the Artist may delete or modify it without the User's consent and issue warnings or notices.
4.2
If a request is made under the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identity Information of the Senders, the Artist may delete or disclose the User-Submitted Content without the User's consent.
4.3
Users are solely responsible for the User-Submitted Content they post. The Artist makes no guarantees regarding the content thereof due to the nature of the Service.
4.4
If the Artist deems User-Submitted Content inappropriate for the operation of the Service, it may delete it without the User's consent.
4.5
Users shall ensure that their content does not infringe upon any third party's intellectual property rights, privacy rights, portrait rights, or other personal rights or interests. If posting content involving third-party rights, Users must obtain the necessary permissions from all right holders, including copyright holders, before submission.
5. Intellectual Property Rights
5.1
All intellectual property rights (including but not limited to images, videos, trademarks, logos, text, and programs) related to the Service belong to the Artist or third parties who have granted the Artist usage rights. These Terms do not grant any other rights to the User beyond those explicitly stated.
5.2
Copyrights (including rights under Articles 27 and 28 of the Copyright Act) for designs and design ideas submitted by Users in response to the Artist's requests on the Discord Community, or uploaded to the Connected Services (collectively, "User Designs"), shall be transferred to the Artist free of charge upon submission. Users shall not assert moral rights regarding such content. Users shall not post or upload designs that include third-party rights.
5.3
Users grant the Artist and Connected Service providers (including Anifie, Inc. and Anifie Japan, Inc.) a royalty-free, perpetual, non-exclusive right to use, reproduce, and publicly transmit User-Submitted Content without asserting moral rights. The Artist and Connected Service providers may sublicense these rights to third parties and modify the content as necessary.
5.4
Users understand that User-Submitted Content may be stored on blockchain technology (including smart contracts and IPFS, collectively "Blockchain") and consent to the Artist and its partners using such content without further approval. Users waive moral rights associated with such content.
5.5
Users consent to sublicensing the right to use their User-Submitted Content on Blockchains to operators of marketplaces, metaverses, websites, and other services connected via their wallet.
6. Ownership and Usage Permissions
6.1
The Artist may grant Users permission to use visual and video data managed by the Artist (the "Artist Content") in the following ways:
- Display in the metaverse
- Display in SuperChat
- Display on My Page and other member-only pages
Note: User-Submitted Content may also be used in accordance with Article 5.
6.2
All intellectual property rights related to Artist Content belong to the Artist, a third party with rights granted by the Artist, or Connected Service providers. Granting use of Artist Content does not constitute a transfer of these rights.
6.3
Users shall not reproduce, modify, sell, or publish Artist Content for commercial purposes, nor transfer or lend it to third parties.
7. Prohibited Conduct
Users are prohibited from engaging in the following acts when using the Service. If violated, the Artist may suspend or terminate the User's access to the Service without prior notice.
(1) Acts that infringe or may infringe on the privacy, property, image rights, reputation, or credit of the Artist or third parties.
(2) Slandering, defaming, or discriminating against the Artist or third parties within or outside the Service.
(3) Infringement or potential infringement of intellectual property rights of the Artist or third parties.
(4) Posting or transmitting content that is offensive, harassing, obscene, or causes discomfort or financial damage to others.
(5) Sending junk mail, spam, chain letters, or false or cascading messages.
(6) Advertising, solicitation, or promotion of political, religious, or similar ideologies.
(7) Criminal acts, acts that lead to or encourage crime, or acts likely to do so.
(8) Providing benefits to anti-social forces in connection with the Service.
(9) Unauthorized access to systems or devices used to provide the Service.
(10) Sending harmful computer programs.
(11) Violating laws such as unauthorized access laws or damaging third-party systems.
(12) Altering or deleting content on the Service without permission.
(13) Unauthorized transfer or linking of information from the Service.
(14) Impersonating others or shared logins by multiple people.
(15) Using bots or tools to mine or collect data without permission.
(16) Posting or distributing adult or sex-related business content.
(17) Collecting personal information of others without consent or attempting contact outside the Service.
(18) Publishing one's own or others' private information.
(19) Buying, selling, transferring, or exchanging goods using the Service.
(20) Overloading servers or interfering with networks.
(21) Reverse engineering, disassembling, or decompiling the Service.
(22) Gaining or attempting to gain unauthorized access to networks or systems.
(23) Acts that violate laws, public order, or these Terms.
(24) Any other acts that interfere with the Service, violate the rights of others, or are deemed inappropriate by the Artist.
(25) Acts clearly in violation of traffic laws or suspected of such violations.
(26) Mentioning or posting about illegal modifications.
(27) Other actions the Artist deems inappropriate.
8. Prohibition of Use Beyond Personal Purposes
Unless approved by the Artist (including permission from any third party with rights), Users may not use any information obtained through the Service beyond personal, non-commercial use. This includes reproduction, distribution, publication, or having a third party perform such acts.
9. Trademarks
All trademarks and logos displayed on the Website, Discord Community, or Connected Services belong to the Artist or the rightsholder, and may not be used without permission.
10. No Guarantee of Communication Safety
The Artist does not guarantee that content provided via the Service is free of viruses or other harmful elements.
11. Disclaimers
11.1
The Artist does not guarantee the accuracy, usefulness, legality, safety, or copyright status of the content obtained through the Service.
11.2
The Artist shall not be liable for any troubles, damages, or losses arising from the use of the Service.
11.3
The Artist shall not be responsible for software or hardware accidents, damages, failures, or repair costs arising from the use of the Service.
11.4
In the event of a dispute between Users or between a User and a third party due to posts on the Website, Discord Community, or Connected Services, the User shall resolve it at their own responsibility and expense.
11.5
The Artist shall not be liable for damages caused by its execution of these Terms or User violations of these Terms.
11.6
The Artist may change, suspend, or discontinue the Website, URL, content, or the Service without notice. As a result, Users may lose access to their Wallet or digital assets therein. The Artist shall not be responsible for any damages or be obligated to replace or reissue lost assets.
11.7
The Artist does not guarantee that User-Submitted Content will be displayed. Display may be interrupted or discontinued without notice.
12. Compensation and Dispute Resolution
12.1
If a User violates these Terms or commits a wrongful act causing damage to the Artist, the Artist may claim compensation.
12.2
If a User causes damage to a third party through use of the Service, the User shall resolve it at their own responsibility and shall not hold the Artist liable.
12.3
The Artist may intervene in disputes between Users if deemed necessary for smooth operation of the Service.
13. Temporary Suspension of the Service
13.1
The Artist is not responsible for interruptions, delays, or loss of information due to system failures or resulting damages.
13.2
The Artist shall take reasonable steps to prevent harm, but is not liable for damages due to unauthorized access despite these measures.
14. Suspension of the Service
14.1
The Artist may suspend or interrupt the Service without notice due to maintenance, disasters, or other circumstances.
14.2
The Artist shall not be liable for damages caused by delay, interruption, or suspension of the Service.
15. Termination of the Service
The Artist may discontinue the Service at its own discretion without notice.
16. Exclusion of Anti-Social Forces
16.1
Users falling under the following categories are prohibited from using the Service:
(1) Members of criminal or anti-social organizations
(2) Those who were members in the past five years
(3) Those managed or involved by such organizations
(4) Those using or funding such organizations
(5) Those having socially inappropriate relationships with such organizations
16.2
Users shall not engage in the following acts:
(1) Violent demands
(2) Unjust demands beyond legal responsibility
(3) Threats or violence
(4) Spreading rumors or using force to damage reputation or obstruct business
(5) Any act equivalent to the above
16.3
If a User is found to violate the above, the Artist may suspend their use of the Service without notice or liability.
17. Jurisdiction
Disputes between the Artist and Users shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
18. Governing Law
These Terms shall be governed by the laws of Japan.
Supplementary Provision
These Terms shall take effect as of April 17, 2025.