TokyoMongzHillsClub Terms of Use

TokyoMongzHillsClub (TMHC) is a project based on a digital art collection on the blockchain. Users who purchase and own NFTs issued by us are deemed to have agreed to the following and can use the NFTs according to these Terms of Use.

1.Definitions

(1) "NFT" stands for Non-Fungible Token, meaning an alternative non-fungible token that exists on the blockchain network.

(2) "NFT issued by us" means a digital art collection issued as an NFT (Non-Fungible Token) by us.

(3) "Digital artwork" means any artwork, design, graphic, image, etc. related to NFT and created by the user based on digital technology they own, as specified in these Terms of Use.

(4) "Derivative work" means a creative work created by translation, arrangement, modification, adaptation, film production or other means from the original work.

(5) "Us" means HashLink, the entity that operates TokyoMongzHillsClub (TMHC).

2. Copyright(1) Copyright ownership of digital works

The user acknowledges and agrees that all intellectual property rights related to digital works linked to the NFTs issued by our company are held by our company or third parties licensed by our company. However, the user may use the digital works linked to the NFTs issued by our company subject to the following conditions.

(2) Use of digital worksa.Secondary use creation rights

• The holder who has purchased our issued NFT (hereinafter referred to as "holder") cannot create secondary works by utilizing separately the intellectual property rights (including IP and trademark rights, as well as copyright works) of our company or third parties licensed by our company, other than our issued NFT.

• If an NFT created by exercising trademark or copyright is traded on an NFT exchange, the holder of the NFT cannot exercise the rights again based on the "doctrine of exhaustion of rights," and can transfer and sell it to others. The transferee of our issued NFT will only have the rights applicable to the whole creation as received, and if they cannot create secondary works, the same rights as the initial holder will apply.

b.Intellectual property rights

All rights related to intellectual property rights such as trademarks, including other NFTs and logos issued by our company or third parties licensed by our company, other than the right to create secondary works permitted by the secondary creation right for "digital works," are not granted. The above rights are reserved for our company or third parties licensed by our company.

c.Termination of usage rights

As long as the user holds our issued NFT, they can exercise all the rights that the user holds based on these terms and conditions. When the user loses our issued NFT through sale, transfer, gift, or any other disposal, the user will lose all rights and privileges under these terms and conditions.

3.Expenses and Payment

You acknowledge that in the process of purchasing NFTs issued by us, you may incur costs other than the stated NFT price, which must be paid by you. Payments cannot be cancelled or refunded after they have been incurred, and you understand that we have no control over the transactions and functions that occur on the blockchain, and thereby accept no liability for any loss or damage (costs and losses due to smart contracts and website errors) incurred in the course of NFT transactions. You acknowledge that we have no liability for any loss or damage arising from NFT transactions (costs and losses due to smart contracts and website errors), and you indemnify and hold us and our affiliates harmless from and against any and all such losses or damages.

4.Risk AssumptionThe user agrees to the following

(1)You agree to bear all risks associated with the purchase and trading of NFTs, including any change in the value of NFTs issued by us that you have purchased.

(2)Subscribers acknowledge that there is a possibility of price fluctuation and positive or negative impact from price fluctuation with respect to NFTs issued by us, and due to such volatility, the purchase of NFTs issued by us shall not be considered as an investment, and NFTs issued by us shall not be considered as financial instruments.

(3)Our holding of NFTs issued by us is limited to NFTs related to digital works. Therefore, any information contained in the official website and community, or in all documents and videos used in connection therewith, is not advice or an offer to enter into a contract for investment purposes. Nothing contained herein shall be deemed to constitute an offer to purchase any stock, security or other financial instrument. NFTs issued by our company are not registered or approved by any regulatory body in any jurisdiction. Therefore, it is the responsibility of the user to confirm whether or not the NFTs issued by the Company purchased by the user violate the laws and regulations of the area where the user resides, and the Company shall not be held responsible for such confirmation.

(4)The user agrees to bear all risks related to software, hardware, internet connection, such as unauthorized access by third parties to information in the user wallet, and all risks related to the use of the blockchain and digital infrastructure.

(5)Because NFTs and blockchains are based on a new de-centralized technology that is highly volatile with respect to asset prices and is out of one-way control, future regulations may negatively impact blockchain technology and negatively impact the value of NFTs issued by the Company for users. Users should be aware of this and be aware of the possibility of this occurring. The Subscriber understands this and agrees to bear any risks that may arise.

(6)All NFT transactions take place on the blockchain. You are solely responsible for the security and management of your personal wallet (including tokens and private keys in the wallet) and for all transactions and transactions generated by this website, and for their verification prior to approval. In addition, because smart contracts run on the blockchain, transactions cannot be cancelled, reverted, or restored.

5.Modification of Terms of Use

(1)The Company reserves the right to change the Terms of Use at its own discretion. The Company will post any changes to these Terms of Use on the website.

(2) In the event of any modification of the TOS, the user shall be deemed to have accepted the modified TOS.

6.Governing Law and Jurisdiction

These Terms of Use (including, without limitation, your access to and use of the Website, your use of the NFT, or any services or products offered through the Website) shall be governed by and construed in accordance with the laws of Japan, without giving effect to its conflict of law principles. The Tokyo District Court shall have exclusive jurisdiction as the court of first instance over any disputes arising out of or relating to these Terms of Use.

© 2023 HashLink All rights reserved.