Terms of Service

Last updated: April 1, 2025

1. About These Terms

The following terms and conditions (the "Ts&Cs") constitute a legally binding agreement between you (referred to herein as "you", "your", or "User") and D-Chain Inc., a Japanese corporation with its head office at 2-41-17 Yayoi-cho, Nakano-ku, Tokyo, 164-0013 Japan ("D-Chain", "we", "us", or "our"), governing your interaction with the Service.

The Service, including without limitation any PACKS NFT, may be subject to additional or supplemental terms, as set forth in these Ts&Cs or in connection with such Service and as are herein incorporated by reference ("Supplemental Terms" and, collectively with these Ts&Cs, this "Agreement"). If these Ts&Cs are inconsistent with any Supplemental Terms, the Supplemental Terms shall control solely with respect to such Service.

By browsing the website available at https://packs777.xyz (the "Website"), offering for sale or selling an Asset through the Service, participating in the minting, purchase, acquisition, or sale of a PACKS NFT (either directly from us or in a Secondary Sale), making a purchase from a third party using the payment gateway, storing an Asset with or redeeming an Asset from us, and/or using any of our other services (collectively, the "Service"), you expressly acknowledge and agree that you have read, understand, and agree to be bound by this Agreement. If you do not agree to the terms set forth in this Agreement or are unable to understand them in English, you must not access or use our Website or any Service, including to purchase any PACKS NFT or to offer for sale, sell, store, or redeem any Asset.

WE PROVIDE THE SERVICES ON AN "AS IS" BASIS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

THE SERVICE INCLUDES A MARKETPLACE WHICH ALLOWS SELLERS TO OFFER TO SELL AND SELL ASSETS AND PACKS NFTS TO, AND BUYERS TO OFFER TO BUY AND BUY ASSETS AND PACKS NFTS FROM, ONE ANOTHER. ALL ASSETS AVAILABLE THROUGH THE MARKETPLACE ARE FURNISHED BY OR ON BEHALF OF SELLERS IN CONNECTION WITH SUCH SALES. YOU AGREE THAT, EXCEPT WHERE WE ARE THE SELLER IN SUCH SALE, WE SHALL NOT BE A PARTY TO OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR, ARISING OUT OF, RELATING TO, ASSOCIATED WITH OR RESULTING FROM ANY DISPUTES BETWEEN YOU AND ANY SELLER OF ANY ASSET IN RESPECT OF THE USE, MISUSE, PROVISION OR FAILURE TO PROVIDE ANY SUCH ASSET.

THIS AGREEMENT IS IMPORTANT AND AFFECTS YOUR LEGAL RIGHTS, SO PLEASE READ CAREFULLY. BY CONNECTING YOUR WALLET TO THE SERVICE, PURCHASING OR OFFERING TO PURCHASE PACKS NFTS THROUGH THE SERVICE, AND/OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL OF THE TERMS INCORPORATED HEREIN. If you do not agree to this Agreement, you may not access or use the Service or purchase any PACKS NFTs.

Please refer to our Privacy Policy for information about how we collect, use and share personal information about you. By submitting data through the Service, you expressly consent to the collection, use and disclosure of your personal data in accordance with the Privacy Policy.

We reserve the right to change or modify this Agreement at any time and in our sole discretion. If we make changes to this Agreement, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service or updating the "Last Updated" date at the beginning of these Ts&Cs. By continuing to access or use the Service at any point after such update, you confirm your acceptance of the revised Ts&Cs and all of the terms incorporated therein by reference. We encourage you to review this Agreement frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised Agreement, you may not access or use the Service.

2. Definition

The following terms used in this Agreement shall have the meanings specified below.

"Agreement" has the meaning set forth in Section 1.
"Ts&Cs" have the meaning set forth in Section 1.
"you", "your", or "User" has the meaning set forth in Section 1.
"D-Chain", "we", "us", or "our" have the meaning set forth in Section 1.
"Service" has the meaning set forth in Section 1.
"Supplemental Terms" have the meaning set forth in Section 1.
"Website" has the meaning set forth in Section 1.
"PACKS NFT" has the meaning set forth in Paragraph 1 of Section 3.
"Asset" has the meaning set forth in Paragraph 2 of Section 3.
"Owner" has the meaning set forth in Paragraph 2 of Section 3.
"Seller" has the meaning set forth in Paragraph 2 of Section 3.
"Initial Seller" means a seller who makes a Primary Sale.
"Buyer" has the meaning set forth in Paragraph 2 of Section 3.
"Wallet" means a software-based digital wallet that allows you to purchase, store, and engage in transactions using cryptocurrency and non-fungible tokens.
"Gas Fees" mean fees assessed in connection with the computing energy required to process and validate transactions on a blockchain, and may fluctuate in accordance with market conditions or activity on such blockchain.
"Taxes" mean sales, use, value-added and other taxes, duties, and assessments (excluding taxes imposed on our net income) now or hereafter claimed or imposed by any tax or other governmental authority associated with your use of our Website or transactions of any PACKS NFT.
"Content" means content and other materials contained therein, including, without limitation, our logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof.
"User Content" has the meaning set forth in Section 15.
"Primary Sale" means the first sale of a PACKS NFT on the Service, whether or not it is made on the Secondary Marketplace.
"PACKS Fee" has the meaning set forth in Paragraph 3 of Section 6.
"Listing Guidelines" mean guidelines set forth in Section 7.
"Asset Management Services" mean the asset management services provided by us in accordance with Section 6.
"Assumed Contract" has the meaning set forth in Paragraph 5 of Section 6.
"Secondary Marketplaces" have the meaning set forth in Paragraph 1 of Section 8.
"Secondary Sale" has the meaning set forth in Paragraph 2 of Section 8.
"Gacha" means the service provided by us where you may purchase a digital sealed pack containing a random.
"Gacha Token" means a token only for use of the Gacha.
"PACKS Auctions" means the auction service provided by us where a User can list its own PACKS NFTs for auction to sell to another User.
"Third-Party Service" means third-party properties, service and applications.

3. Our Service

From time to time, certain original NFTs (each, a "PACKS NFT") will be made available for purchase by Users through our Website. Each PACKS NFT is a non-fungible token hosted on a third-party blockchain, ownership of which can be transferred on or through such blockchain through gift, purchase, or sale.
Each PACKS NFT represents a certain individual asset as depicted in or otherwise corresponding to the artwork or information embodied by such PACKS NFT (the "Asset"). Each Asset is owned by the individual or entity holding the corresponding PACKS NFT (the "Owner"). When an Owner desires to offer an Asset for sale, the Owner can use the Service to offer a PACKS NFT depicting such Asset. Ownership of an Asset is transferred at sale of the corresponding PACKS NFT from the seller (the "Seller") to the buyer (the "Buyer") of the PACKS NFT.
On or before the primary sale of a PACKS NFT, you will deliver the corresponding Asset to us for storage through our Asset Management Services. Upon purchase of a PACKS NFT, the Buyer of such PACKS NFT assumes the Seller's rights and responsibilities under the Seller's contract for the Asset Management Services and may, subject to their ongoing compliance with this Agreement (including without limitation payment of the PACKS Fee), either continue to engage the Asset Management Services with respect to such any Asset for which they own the corresponding PACKS NFT, offer for sale and sell such PACKS NFT (and the corresponding Asset) to a third party, and/or submit their PACKS NFT to the Service in order to terminate the Asset Management Services and request delivery of the Asset.
Except where explicitly set forth at point of sale, we are not the Seller of any Asset listed on the Service. While we may, in our discretion, help facilitate resolution of disputes through various programs, we have no control over the quality of Assets offered by Sellers on the Service. We cannot control or guarantee the truth or accuracy of a Seller's information, the ability of Sellers to sell Assets and/or PACKS NFTs, the ability of Buyers to pay for Assets and/or PACKS NFTs, or that a Buyer and Seller will actually complete a transaction with respect to Assets and/or PACKS NFTs listed on the Marketplace. While we may provide guidance for Assets and/or PACKS NFTs sold by Sellers on our Marketplace, such information is solely informational. We do not have control over the quality, timing, legality, failure to provide, or any aspect whatsoever of any Assets sold by Sellers, or of the integrity, responsibility, or any actions of any Users. We make no representations about the suitability, reliability, timeliness or accuracy in public, private or offline interactions. When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting offline with other persons whom you don't know. NEITHER WE NOR OUR AFFILIATES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. WE AND OUR AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES OR YOUR USE OF OR INABILITY TO USE ANY ASSET PURCHASED THROUGH THE SERVICES.
In order to access and use certain features of the Service, including without limitation to purchase a PACKS NFT, you must connect to the Service your Wallet. ANY TRANSACTIONS INITIATED THROUGH OUR SERVICE ARE EFFECTED BY THIRD-PARTY DIGITAL WALLET EXTENSIONS. BY USING OUR SERVICE YOU AGREE THAT SUCH TRANSACTIONS ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICY FOR THE APPLICABLE EXTENSIONS. You acknowledge and agree that certain information, including the public address of your Wallet and the transactions you conduct through that Wallet, may be publicly available and viewable on the applicable blockchain. We do not own, operate, or control any blockchain or Wallet. We are not an agent or intermediary of any User. We do not store or have access to or control over any PACKS NFTs or any of a User's private keys, passwords, Wallets, or other digital property. We are not capable of performing transactions or sending transaction messages on behalf of any Use. All transactions related to or initiated through the Service are effected and recorded solely through the interactions of the User with the respective blockchain, which is not under the control of or affiliated with us or the Service.
You expressly acknowledge and agree that the PACKS NFT does not represent a financial security, derivative product, or other financial instrument.

4. Purchase and Sales of PACKS NFTs

All pricing and payment terms for PACKS NFTs are as indicated at point of sale or otherwise on the Service, and any payment obligations you incur are binding at the time of purchase. You may not substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which you have contracted to pay at the time of purchase. For clarity, no fluctuation in the value of any currency, whether cryptocurrency or otherwise, shall impact or excuse your obligations with respect to any purchase.
We cannot, and expressly do not, guarantee that PACKS NFTs will be available for purchase at the time you seek to purchase one.
When you purchase a PACKS NFT on our Website from us through the Gacha, such PACKS NFT is minted directly into the Wallet through which you connected to the Website and initiated payment. When you purchase a PACKS NFT from any then-current Seller, such PACKS NFT is transferred directly from the Seller to you. Except where we are the Seller of a PACKS NFT through the Gacha, we do not hold custody of, nor take ownership or possession of, any PACKS NFT. PACKS NFTs can be transferred between Wallets on the Ethereum network (or any then-compatible blockchain or comparable third-party service).
You are responsible for ensuring that your Wallet has a sufficient amount of funds to cover the full cost of your purchase, including without limitation (i) transaction fees imposed by a third-party payment processor, (ii) any Taxes, (iii) the PACKS Fee, and (iii) Gas Fees. We do not receive and has no authority with respect to any Gas Fees applicable to any purchase you make.
Any payments made to us via the Website will be effectuated through the underlying blockchain. We have no control over these payments or transactions initiated through your Wallet, nor do we have the ability to reverse any such payments or transactions. We may add or change any payment processing Service at any time. Such Service may be subject to additional terms or conditions available on the Website. Whether a particular cryptocurrency is accepted as a payment method by us is subject to change at any time in our sole discretion. You acknowledge that we have no liability to you or to any third party for any claims or damages that may arise as a result of your payment not reaching us, including, but not limited to, instances where your purchase fails due to a processing error of your payment on the applicable blockchain or bridge extension. It is solely your responsibility to confirm that your payment for a PACKS NFT has been accepted.
If you have any issues with respect to your purchase of any PACKS NFT, please contact us. We will do our best to resolve any issues in accordance with our then-current policies and procedures. You are solely responsible for determining and paying (or reimbursing for the payment of) any and all Taxes. You will pay or reimburse us for all Taxes of any jurisdiction (whether national, federal, state, local, foreign or other), including value added taxes and other similar amounts as are now or hereafter may be imposed under the authority of any national, federal, state, local, foreign or other taxing jurisdiction; and will not be entitled to deduct the amount of any such Taxes or amounts levied in lieu thereof from payments (including, without limitation, Gas Fees) made pursuant to this Agreement.
When you purchase or otherwise acquire a PACKS NFT, you agree that you have read, understand, and agree to be bound by any terms and conditions applicable to the use and sale of that PACKS NFT, including payment of the PACKS Fee (regardless of whether such PACKS Fee is enforced or supported by the third-party platform or marketplace that facilitates such sale). You further agree that you will bind any subsequent purchaser of the PACKS NFT to such terms and conditions.
By offering any Asset or PACKS NFT on or through the Service, you hereby appoint us as your payments agent for the sole purpose of receiving, holding and settling payments due and owed to you arising out of such Asset or PACKS NFT. We will process such payments and settle payments that are actually received by us, less any amounts owed to us, including taxes, fees and other obligations, and subject to the terms of this Agreement. You agree that a payment received by us, on your behalf, satisfies the payor's obligation to make payment to you, regardless of whether we actually settle such payment to you. If we do not settle any such payments as described in this Agreement to you, you will have recourse only against us and not the payor, as payment is deemed made by the payor to you upon constructive or actual receipt of such payment by us.

5. Primary Sale Agreement

Before the Primary Sale of a PACKS NFT, an Initial Seller agrees to store the corresponding Asset to us or the warehouse operator we have specified in accordance with the instruction posted on the Website by us. The Initial Seller are responsible for covering the cost of shipping and any associated Taxes.
We shall have no liability arising out of or relating to the Wallet address, payment processor information, or other banking or payment account information provided by you (e.g., any errors, circumstances, acts or omissions resulting in loss of funds). We reserve the right, but has no obligation, to confirm that the provenance and condition of each Asset received by us from an Initial Seller are as described by such Initial Seller. In the event that we reasonably determine that an Asset does not conform with the Initial Seller description and/or the Listing Guidelines, we shall return such Asset to the Initial Seller at the Initial Seller's expense. If a Buyer has purchased a PACKS NFT corresponding to any such Asset, we may cancel or refund such purchase in accordance with its then-current policies and procedures.
You acknowledge and agree that you, and not us, are solely responsible for providing support to Buyers in connection with the sale of any PACKS NFTs corresponding to your Assets. While we may in its sole discretion elect to provide technical support to its Users in connection with the sale of any PACKS NFTs, we have no obligation to you to provide any such support.
In the event of a dispute between you and any third party related to PACKS NFTs or Assets made available by you, including without limitation any dispute between you and a Buyer, Seller, or payment services provider, we will not be a party to any such dispute. YOU ARE SOLELY RESPONSIBLE FOR DISPUTE RESOLUTION IN CONNECTION WITH YOUR ASSETS AND YOUR PACKS NFTS. You shall have no recourse against us in connection with any claims that arise from disputes between you and any third party arising from or related to your Assets or your PACKS NFTs.
We reserve the right to remove any Initial Seller from the Service and to terminate such Initial Seller's ability to offer Assets through the Service at any time, with or without notice, (i) upon our reasonable belief that such Initial Seller has breached this Agreement; or (ii) in the event that we terminate the applicable Service.
You acknowledge and agree that any Primary Sale is subject to the PACKS Fee, which such PACKS Fee may be automatically deducted from the amount paid by the Buyer to the Seller. All PACKS Fees are applied to the final sale price of the PACKS NFT.

6. Asset Management Services

Subject to your ongoing compliance with this Agreement and the Assumed Contract, including without limitation your payment of any PACKS Fee due in connection with your purchase of the PACKS NFT, we shall make the Asset Management Services available to you in connection with the Asset corresponding to the PACKS NFT. You acknowledge and agree that any redemption of the PACKS NFT for the corresponding Asset may be subject to additional fees, including without limitation shipping and handling charges, in accordance with PACKS's then-current practices.
We reserve the right to remove any Initial Seller from the Service and to terminate such Initial Seller's ability to offer Assets through the Service at any time, with or without notice, (i) upon our reasonable belief that such Initial Seller has breached this Agreement; or (ii) in the event that we terminate the applicable Service. Our Asset Management Services include the storage of Assets on behalf of the then-current owner of the corresponding PACKS NFT, the listing and relisting of Assets as PACKS NFTs, and the shipment of Assets to the then-current owner of the corresponding PACKS NFT upon redemption of such PACKS NFT.
Each purchase of a PACKS NFT includes a fee payable to us for the Asset Management Services (the "PACKS Fee"). The PACKS Fee is 5% (five percent) of the total purchase price paid in the transaction. Any amount smaller than the smallest unit will be rounded up. The PACKS Fee will be deducted from the amount paid by the Buyer and remitted to us.
We represent that all Assets are, and will remain, in its direct possession and in the indirect possession of the then-current owner of the associated PACKS NFT following the primary sale of such Assets, until they are shipped to the then-current owner of the corresponding PACKS NFT upon redemption. We use good faith efforts to maintain the integrity of each Asset subject to the Asset Management Services, including through partnerships with best-in-class providers of asset storage and shipping services. Notwithstanding the foregoing, we shall not be liable to you for any loss, damage, or destruction of any Asset subject to the Asset Management Services except to the extent arising from our gross negligence or willful misconduct.
When you sell any PACKS NFT, you represent and warrant to and for the benefit of both us and the applicable Buyer that you have no outstanding liabilities with respect to any Asset Management Services, and you acknowledge and agree that you shall assign to the Buyer, and the Buyer shall assume by way of novation, your agreement with us for such Asset Management Services (the "Assumed Contract"). We shall, upon the sale of any PACKS NFT in accordance with this Agreement and the receipt of the PACKS Fee in connection with such transaction, release the Seller from the Assumed Contract.
When you purchase any PACKS NFT, you acknowledge and agree that (i) the Seller from which you purchased such PACKS NFT is released from the Assumed Contract; (ii) by way of novation, you assume such Seller's rights and are bound by and shall perform such Seller's obligations and liabilities under the Assumed Contract; and (iii) you are entering into a binding legal agreement with us for the Asset Management Services with respect to such Asset. You may terminate the Assumed Contract at any time by (y) selling the corresponding PACKS NFT, and assigning the Assumed Contract by way of novation to the Buyer of such PACKS NFT; or (z) redeeming your PACKS NFT for the underlying Asset.
The Assumed Contract will also automatically terminate, with all rights returning to us, if: (i) you breach this Agreement, including, without limitation, transferring or acquiring the PACKS NFT in a way not specifically permitted hereunder; or (ii) you engage in any unlawful business practice related to the PACKS NFT.
In the event that you did not lawfully purchase or acquire the PAKCS NFT, we may disable your access to the artwork and/or brand embodied by the PACKS NFT and/or deny you access to any further benefits, services or goods associated with the PAKCS NFT.
Following your purchase of a PACKS NFT, you may request to receive the Asset associated with your PACKS NFT through the Website or otherwise through the Service. As a precondition of any transfer of the associated Asset, we shall verify (i) your identity, (ii) your compliance with this Agreement and eligibility to use the Service; and (iii) your ownership of such PACKS NFT. If we transfer such Asset to you, the associated PACKS NFT shall be burned by us.
Your redemption of a PACKS NFT for an Asset may be subject to additional fees for such redemption, including without limitation Taxes and shipping and handling fees, in each case as determined in our discretion, as set forth on the Service, and as may be subject to change from time to time in our discretion.
You agree that you will not, nor will you permit any third party to, do or attempt to do any of the following without our express prior written consent in each case:
1. modify in any way the artwork or brand, including, without limitation, the shapes, designs, drawings, attributes, or color, embodied by a PACKS NFT;
2. use the artwork or brand embodied by a PACKS NFT as a brand or trademark or to advertise, market, or sell any product or service (other than an authorized offering of the corresponding Asset);
3. use the artwork or brand embodied by a PACKS NFT in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others or promote illegal activities;
4. attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the artwork or brand embodied by a PACKS NFT;
5. use the artwork or brand embodied by a PACKS NFT in connection with defamatory or dishonest statements about us and/or our affiliated companies, and its and their licensors, or which otherwise damage the goodwill, value or reputation associated therewith; or
6. otherwise utilize the artwork or brand embodied by a PACKS NFT for your or any third party's commercial benefit (other than an authorized offering of the corresponding Asset).
In the event of insolvency, bankruptcy, or the cessation of our business operations, and you initiate the return process, you are responsible for covering the cost of shipping and any associated Taxes. This return process must be initiated within three months after the aforementioned events. Please note that we will not offer any monetary reimbursement or compensation, except for facilitating the return of the physical Assets to the rightful owners.

7. Listing Guidelines

By listing an Asset for sale on the Service, you represent that (i) you have read, understand, and agree to be bound by the Agreement; (ii) you are of legal age and capacity to form a binding contract with us; and (iii) you have the authority to enter into this Agreement personally (and, if you are using the Services on behalf of an entity, that you also have the authority to bind that entity to this Agreement).
We have the right, but not the obligation, to remove any Asset listing at any time. We exercise our sole judgment in allowing or disallowing certain Assets, listings, smart contracts, and collections.
Assets, listings, smart contracts, collections, and other Content that we in our sole discretion deem inappropriate, disruptive, or illegal are prohibited on the Service. We reserve the rights to determine the appropriateness of listings on the Service and remove any Content, including any listing, at any time. If you create or offer an Asset, listing, smart contract, or collection in violation of these policies, we reserve the right to take corrective actions, as appropriate, including but not limited to removing the asset, listing, smart contract, or collection, deleting your account, and permanently withholding any payments due and owed to you. We reserve the right to destroy inappropriate or illegal metadata stored on our servers.
The following Content is prohibited on the Service, whether included in or made available in or through Assets, listings, comments, messages, smart contracts, or collections that include metadata, or otherwise:
1. Content that violates applicable intellectual property laws;
2. Content with a primary or substantial purpose in a game or application that violates applicable intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal;
3. Content created or used primarily or substantially for the purpose of raising funds for known terrorist organizations (as may be determined by us from time to time in our sole discretion);
4. As determined in our sole and absolute discretion, NSFW Content and other Content that is intended to be age-restricted. Asset names, listings and their descriptions, smart contract names, and collections including profanity or overtly sexual Content are prohibited. A smart contract that contains NSFW Content is subject to being marked NSFW, even if the NSFW Content only represents a portion of the Content on the smart contract;
5. Content that includes stolen Assets, Assets taken without authorization, and otherwise illegally obtained Assets. Listing illegally obtained Assets may result in your listings being cancelled, your Assets being hidden, or your account being suspended or terminated.
6. Content that is illegal or offensive, or Content that includes or uses profanity or graphic language.

If you become aware of the creation, listing, or buying of assets in violation of any of the terms specified in this Section, please contact us immediately to report it.

8. Secondary Marketplace Sales of PACKS NFTs

You may be able to sell, trade, or distribute your PACKS NFTs on any compatible smart contract-enabled secondary marketplaces, platforms and exchanges operated by third parties where Users can sell, purchase, transfer, list for auction and bid on NFTs ("Secondary Marketplaces"), in each case subject to such Secondary Marketplace's then-current terms and functionality. PACKS NFTs may not be compatible with all Secondary Marketplaces, and we make no guarantee about the availability or functionality of any Secondary Marketplace.
You acknowledge and agree that we are not a party to any agreement or transaction on any Secondary Marketplace (each, a "Secondary Sale"), whether or not a commission or fee is received by us in connection with such transaction. We are not liable for any loss incurred by you in connection with or otherwise arising from any Secondary Sale of a PACKS NFT. We are not and shall not be a party to any transaction or dispute between any Seller of a PACKS NFT and any Buyer of such PACKS NFT, whether arising from any rights granted in that PACKS NFT or otherwise.
If a Seller sells a PACKS NFT to a Buyer on any Secondary Marketplace, and ownership of the associated Asset is transferred from the Seller to the Buyer, it shall be deemed that the indirect possession of the Asset has been transferred from the Seller to the Buyer by instruction.
You acknowledge and agree that any sale of a PACKS NFT via a Secondary Marketplace is subject to the PACKS Fee, which such PACKS Fee may be automatically deducted from the amount paid by the Buyer to the Seller. All PACKS Fees are applied to the final sale price of the PACKS NFT.

9. Auctions

KYC: To participate in the PACKS Auctions, you must log in the Website with your ID and passcode or sign in via your social media account.
Payment Process: If the PACKS NFT you have listed is sold, we will collect payment from the successful bidder on your behalf and transfer the relevant amount to your registered Wallet after deducting the PAKCS Fee.
Binding Bids: All bids placed on the PACKS Auctions are binding and final. Users are responsible for depositing sufficient funds to complete the purchase at the time of bidding in accordance with the instruction on the Website. If you are unable to win the bid, the deposit will be automatically refunded.
You acknowledge and agree that any sale of a PACKS NFT via the PACKS Auctions is subject to the PACKS Fee, which such PACKS Fee may be automatically deducted from the amount paid by the Buyer to the Seller. All PACKS Fees are applied to the final sale price of the PACKS NFT.

10. Gacha

Random Card Purchase: The Gacha allow Users to purchase a digital sealed pack containing a random card for a fixed price. The specific card received is determined randomly and cannot be chosen by the User.
Digital sealed packs, pack opening and auto-reveal: when applicable, a sealed pack comes with opening rules that prevent the User from opening it before a certain time, and allow them to open on their own until a certain time. After the reveal period of a sealed pack has passed, we will automatically reveal that pack on behalf of its owner. These rules may include a mechanism to auto-reveal a pack as soon as it is purchased.
All Sales Are Final: All purchases made from the Gacha are final, and cannot be refunded. Once a purchase is made and the pack has been opened, a User will be able to list it and sell it on the marketplace, transfer it to another account or redeem it.
No Guarantees: we make no guarantees regarding the specific card received from the Gacha, the fair market value assigned to the card, or the availability or timing of the Gacha Token.

11. User Agreements, Representations and Warranties

You must be eighteen (18) years old or otherwise capable of forming a binding contract in your jurisdiction to use the Service. By using the Service, you agree (i) to provide accurate, current, and complete information about yourself as requested, (ii) to maintain and promptly update such information from time to time as necessary, (iii) to maintain the security of your Wallet and accept all risks of unauthorized access to your Wallet and to the information you provide to us, and (iv) to notify us immediately if you discover or otherwise suspect any security breaches related to the Service or your Wallet.
You may not use or attempt to register any asset, including any domain names, social media accounts or related addresses, that contains or incorporates any artwork, brand, or any other representation, name or mark that may be confusingly similar to any of our intellectual property.
You will not buy, sell, rent, or lease access to the Service without our written permission; or access or attempt to access the Service through unauthorized third party applications or clients.
We may require you to provide additional information and documents from time to time, including without limitation at the request of any competent authority or in order to help us comply with applicable law, regulation, or policy, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. We may also require you to provide additional information and documents in cases where it has reasons to believe that: (i) your Wallet or other means of access to the Service is being used for money laundering or for any other illegal activity; (ii) You have concealed or reported false identification information and other details; or (iii) transactions effected via your Wallet may have been effected in breach of this Agreement. In such cases, we, in our sole discretion, may pause or cancel your transactions until such requested additional information and documents have been reviewed by us and accepted as satisfying the requirements of applicable law, regulation, or policy. If you do not provide complete and accurate information and documents in response to such a request, we may refuse to provide any PACKS NFT, Content, product, service and/or further access to the Service to you.
When you use the Service, you hereby represent and warrant, to and for the benefit of us, its affiliates and its and their respective representatives, as follows:
1. Authority. You have all requisite capacity, power and authority to enter into, and perform your obligations under this Agreement, including to mint, sell, or buy any PACKS NFTs, as applicable.
2. Due Execution. This Agreement constitutes your legal, valid and binding obligation, enforceable against you in accordance with this Agreement.
3. Accuracy of Information. All information provided to us and/or our third-party designees by you, including your address and social security number or tax ID number, is accurate and complete.
4. Sanctions. You are not, and you will not authorize, enable, or permit any use of the Service by any person that is: (1) in, under the control of, or a national or resident of any jurisdiction subject to trade embargo regulations, including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk People's Republic, and Luhansk People's Republic regions of Ukraine; (2) identified on any export- or sanctions-related restricted party list, including but not limited to the U.S. Department of the Treasury's Specially Designated Nationals and Blocked Persons List or the U.S. Department of Commerce's Denied Persons List, Unveriﬁed List, or Entity List.
5. Non-Contravention. This Agreement does not, and the performance of your obligations under this Agreement and your minting, listing, buying, or selling of any PACKS NFTs, as applicable to your use of the Service, will not: (i) if you are an entity, conflict with or violate any of the charter documents of such entity or any resolution adopted by its equity holders or other persons having governance authority over the entity; (ii) contravene, conflict with or violate any right of any third party or any applicable legal requirement to which you or any of the assets owned or used by you, is subject; or (iii) result in any breach of or constitute a default (or an event that with notice or lapse of time or both would become a default) under any material contract or agreement to which you are a party, permit held by you or legal requirement applicable to you.
6. Independent Investigation and Non-Reliance. You are sophisticated, experienced and knowledgeable in the minting or buying of non-fungible tokens and other cryptoassets. Additionally, you have conducted an independent investigation of the Service and the matters contemplated by this Agreement, have formed your own independent judgment regarding the benefits and risks of and necessary and desirable practices regarding the foregoing, and, in making the determination to mint, list, buy, or sell any PACKS NFTs using or in connection with your use of the Service, you have relied solely on the results of such investigation and such independent judgement. Without limiting the generality of the foregoing, you understand, acknowledge and agree that the legal requirements pertaining to blockchain technologies and digital assets generally, including the PACKS NFTs, are uncertain, and you have conducted an independent investigation of such potentially applicable legal requirements and the resulting risks and uncertainties, including the risk that one or more governmental entities or other persons may assert that any digital assets or cryptographic tokens (including the PACKS NFTs) may constitute securities under applicable legal requirements. You hereby irrevocably disclaim and disavow reliance upon any statements or representations made by or on behalf of, or information made available by us in determining to enter into this Agreement, mint, list, buy, or sell any PACKS NFTs, or otherwise use the Service.
7. Litigation. There is no legal proceeding pending that relates to your activities relating to the minting of PACKS NFTs or other NFT- or digital asset- trading or blockchain technology related activities.
8. Compliance. You have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies. No investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity or practice relating to the Service. You must provide all equipment, including without limitation hardware and software, necessary to connect to the Service. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service. You are non-business operators who are not subject to the regulations on mail-order sales under Japan's Act on Specified Commercial Transactions.

12. Consent to Electronic Communication

By contacting us via email or through a social media property, or by using the Service, you consent to receive electronic communications from us (e.g., via email or by posting notices to the Service or to our official accounts on social media properties). These communications may include notices about your use of the Service (e.g., transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you.

13. Ownership

Unless otherwise indicated in writing by us, the Service and all Contents are the proprietary property of us or our affiliates or licensors.
Our logo and any our product or service names, logos or slogans that may appear on the Service are trademarks of us or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other "hidden text" utilizing "D-Chain," or any other name, trademark or product or service name of us or our affiliates without our prior written permission. In addition, the look and feel of the Service and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute our service mark, trademark or trade dress and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and other names or logos mentioned on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, Service, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You agree that any submission of any ideas, suggestions, documents, and/or proposals to us (collectively, "Feedback") is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Service and our other products and Service.

14. License to Our Service and Content

You are hereby granted a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable, "as-is" license to access and use the Service and Content for your own personal, non-commercial use; provided, however, that such license is subject to this Agreement and does not include any right to (i) sell, resell, or use commercially the Service or Content; (ii) distribute, publicly perform, or publicly display any Content except as expressly permitted by us; (iii) modify or otherwise make any derivative uses of the Service or Content, or any portion thereof, except as expressly permitted by us; (iv) use any data mining, robots, or similar data gathering or extraction methods; (v) download (other than page caching) any portion of the Service or Content, except as expressly permitted by us; and (vi) use the Service or Content other than for their intended purposes. This license is subject to your compliance with the Acceptable Use Policy set forth in Section 17 below.
You are granted a limited, non-exclusive, non-transferable right to create a text hyperlink to the Service for non-commercial purposes, provided that such link does not portray us or our affiliates or any of our Service, Content, products or Service in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable in our sole discretion. This limited right may be revoked at any time. You may not use our logo or other proprietary graphic to link to the Service or Content without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any our trademark, logo or other proprietary information, including the images found on the Service, the content of any text or the layout or design of any page, or form contained on a page, on the Service without our express written consent.
We may from time-to-time change or discontinue any or all aspects or features of the Service, including by (i) altering the smart contracts which are included in the applicable blockchain pursuant to upgrades, forks, security incident responses or chain migrations, (ii) deactivating or deleting Content that We in our sole discretion determine has been abandoned; or (iii) repossessing any PACKS NFTs that we in our sole discretion determine have been (y) abandoned or (z) used or acquired in violation of this Agreement. In such events, you may no longer be able to access, interact with or, read the data from the Service.

15. User Content

Certain Content may be made available by a User on or through the Service ("User Content"). If you choose to make User Content available on or through the Service, you hereby grant us a fully paid, royalty-free, worldwide, non-exclusive right (including any moral rights) and license to use, sublicense, distribute, reproduce, modify, adapt, and display, such User Content (in whole or in part) for the purposes of (i) providing the Service, including making User Content available to other Users in accordance with your elections on the Service, (ii) improving the Service, and (iii) advertising and promoting us and our products and Service. You also hereby grant each other User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content solely as permitted through the functionality of the Service and under this Agreement. You are solely responsible for any User Content you provide. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Content that you submit, post or display on or through the Service. You agree that such User Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant the licenses described above. We take no responsibility for the User Content posted or listed via the Service, although we reserve the right to remove any User Content that is in violation of this Agreement.

16. Third-Party Service; Third-Party Terms

The Service may contain links to a Third-Party Service. When you click on a link to a Third-Party Service, such as a bridge extension, you are subject to the terms and conditions (including privacy policies) of another property or application. Such Third-Party Service are not under our control. We are not responsible for any Third-Party Service. We provide links to these Third-Party Service only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Service, or their products or services. You use all links in Third-Party Service at your own risk. When you leave our Service, our terms and policies no longer govern. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Service, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

17. Acceptable Use Policy

You agree that you are solely responsible for your conduct in connection with the Service. You agree that you will abide by this Agreement and will NOT (and will NOT attempt to):

Provide false or misleading information to us;
Use or attempt to use another User's linked Wallet without authorization from such User and us;
Create, list, or otherwise make available through or in connection with the Service any counterfeit PACKS NFTs;
Pose as another person or entity;
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;
Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service;
Reverse engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service;
Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access;
Use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
Collect or harvest data from our Service that would allow you to contact individuals, companies, or other persons or entities, or use any such data to contact such entities;
Use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
Bypass or ignore instructions that control all automated access to the Service;
Use the Service for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any applicable law or this Agreement;
Use the applicable blockchain to carry out any illegal activities in connection with or in any way related to your access to and use of the Service, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of such blockchain, or the Service;
Engage in or knowingly facilitate any "front-running," "wash trading," "pump and dump trading," "ramping," "cornering" or fraudulent, deceptive or manipulative trading activities, including:
1. trading a PACKS NFT at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity in such PACKS NFT, unduly or improperly influencing the market price for such PACKS NFT trading on the Service or establishing a price which does not reflect the true state of the market in such PACKS NFT;
2. for the purpose of creating or inducing a false or misleading appearance of activity in a PACKS NFT or creating or inducing a false or misleading appearance with respect to the market in a PACKS NFT: (A) executing or causing the execution of any transaction in a PACKS NFT which involves no material change in the beneficial ownership thereof; or (B) entering any order for the purchase or sale of a PACKS NFT with the knowledge that an order of substantially the same size, and at substantially the same price, for the sale of such PACKS NFT, has been or will be entered by or for the same or different parties; or
3. participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing the market price of a PACKS NFT;
Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to using the Service to transact in securities, debt financings, equity financings or other similar transactions; or
Use the Service to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that (i) are redeemable for financial instruments, (ii) give owners rights to participate in an ICO or any securities offering, or (iii) entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts.
Use a PACKS NFT for the purpose of paying consideration for the purchase or leasing of goods, etc. or the receipt of provision of services.

18. Copyright

We retain the absolute right to terminate access to the Service for and remove the User Content of any User who violates or infringes our rights or the rights of any third party. Without limiting the foregoing, if you believe that your intellectual property has been used on the Service in a way that constitutes infringement, please provide our Copyright Agent with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed; a description of the location on the Service of the material that you claim is infringing;
your address, telephone number and e-mail address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

19. Investigations

If we become aware of any possible violations by you of this Agreement, we reserve the right, but we will not have any obligation, to investigate such violations. If, as a result of the investigation, we believe that criminal activity may have occurred, we reserve the right, but we will not have any obligation, to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Service, including your Content, in our possession in connection with your use of the Service, (i) to comply with applicable laws, legal process or governmental request; (ii) to enforce this Agreement, (iii) to respond to any claims that User Content violates the rights of third parties, (iv) to respond to your requests for customer service, or (v) to protect the rights, property or personal safety of us, Users, or the public, and all law enforcement or other government officials, as we in our sole discretion believe to be necessary or appropriate. By agreeing to this Agreement, you hereby provide your irrevocable consent to the foregoing. You acknowledge and agree that you have no expectation of privacy concerning your use of the Service, including without limitation text, voice, or video communications.

20. Release

You hereby release and forever discharge us and our officers, employees, agents, successors, and assigns (the "Our Entities") from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other Users of the Service or any Third-Party Service). YOU HEREBY WAIVE THE RULE WHICH STATES THE FOLLOWING IN SUBSTANCE OR ANY SIMILAR LAW OR RULE:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

21. Assumption of Risk Related To PACKS NFTs

You acknowledge and agree that:

You are solely responsible for determining what, if any, Taxes apply to your transactions involving PACKS NFTs. We are not responsible for determining the Taxes that may apply to transactions involving PACKS NFTs.
PACKS NFTs exist and can be transferred only by virtue of the ownership record maintained on the blockchain supporting such PACKS NFTs.
There are risks associated with using digital currency and digital assets, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your information.
The legal and regulatory regime governing blockchain technologies, cryptocurrencies, and NFTs is evolving, and new regulations or policies may materially adversely affect the same.
There are risks associated with purchasing user-generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable.
We reserve the right to hide collections, contracts, and assets that we suspect or believe may violate this Agreement. PACKS NFTs you purchase may become inaccessible on the Service. Under no circumstances shall the inability to access or view your assets on the Service serve as grounds for a claim against us.
We have no responsibility for any PACKS NFTs after the initial offering or sale of such PACKS NFTs. We do not investigate and cannot guarantee or warrant the authenticity, originality, uniqueness, marketability, legality or value of any PACKS NFT.

22. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless us from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys' fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to this Agreement or your use of the Service, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, "Claims"), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, Content or PACKS NFTs, including, without limitation, any act or omission involving any third party in connection with the minting, listing, buying, selling, or trading of any PACKS NFTs hereunder; (b) any Feedback you provide; (c) your violation of this Agreement; (d) your violation of the rights of any third party, including another User; (e) any breach or non-performance of any covenant or agreement made by you; (f) your Content or the minting, listing, buying, selling, or trading of any PACKS NFTs; or (g) any Assets (including the furnishing, or any failure to furnish, or any acts or omissions of or attributable to you or any third party in respect of the same). You agree to promptly notify us of any third-party Claims and cooperate with us in defending such Claims. You further agree that we shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND US.

23. Disclaimers

THE SERVICE, CONTENT CONTAINED THEREIN, AND PACKS NFTS LISTED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICE OR ANY CONTENT CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, WE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, OR ANY PACKS NFTS LISTED ON OUR SERVICE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU SUSTAIN AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING IN CONNECTION WITH ANY RECOMMENDATION. WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY PURCHASE OR USE OF PACKS NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED DIGITAL WALLET FILES; (IV) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE, PACKS NFTS OR DIGITAL WALLETS.

PACKS NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE BLOCKCHAIN PLATFORM. WE DO NOT GUARANTEE THAT WE OR ANY OUR ENTITIES CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY PACKS NFTS. WE CANNOT AND DO NOT GUARANTEE THAT ANY PACKS NFT WILL HAVE OR RETAIN ANY INHERENT VALUE, OR THAT YOU WILL BE ABLE TO SELL OR RESELL ANY PACKS NFT PURCHASED THROUGH THE SERVICE.

We are not responsible for any losses or harms sustained by you due to vulnerability or any kind of failure, abnormal behavior of software (e.g., smart contract), blockchains, or any other features of or inherent to the PACKS NFTs. We are not responsible for any delay or failure to report any issues with any blockchain supporting PACKS NFTs, including without limitation forks, technical node issues, or any other issues that result in losses of any sort.

YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING ANY SELLERS OF ASSETS OR PACKS NFTS OR ANY THIRD-PARTY OFFERORS OF ASSETS OR PACKS NFTS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE OR THIRD-PARTY SELLERS OF PACKS NFTS. WE MAKE NO WARRANTY THAT ANY GOODS OR SERVICE PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

EXCEPT WHERE WE ARE THE BUYER OR SELLER, WE ARE NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS. WHILE WE MAY HELP FACILITATE THE RESOLUTION OF DISPUTES THROUGH VARIOUS PROGRAMS, WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF ASSETS ADVERTISED, THE TRUTH OR ACCURACY OF USER CONTENT OR LISTINGS, THE ABILITY OF SELLERS TO SELL ASSETS, THE ABILITY OF BUYERS TO PAY FOR ASSETS, OR THAT BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.

Further, we cannot guarantee continuous or secure access to the Service and operation of the Service may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions.

Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded under the laws applicable to your jurisdiction. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

24. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SERVICE, ANY PACKS NFTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS UNDERTAKEN BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF US ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, YOUR ACCESS TO AND USE OF THE SERVICE, CONTENT (INCLUDING YOUR CONTENT), THE ASSET MANAGEMENT SERVICES, OR ANY PACKS NFTS MINTED, PURCHASED, OR SOLD THROUGH THE SERVICE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RETAINED BY US IN THE TRANSACTION OR INCIDENT THAT IS THE SUBJECT OF THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

25. Dispute Resolution

Jurisdiction. YOU AND WE HEREBY IRREVOCABLY AND UNCONDITIONALLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF TOKYO DISTRICT COURT OF JAPAN IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ORDERS. NO ACTION OR ANY ORDERS MAY BE BROUGHT IN ANY OTHER COURT. YOU AND WE HEREBY IRREVOCABLY WAIVE ANY OBJECTIONS TO THE PERSIONAL JURISDICTION OF THIS COURT.
Waiver of Jury Trial. YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY EVEN IF THE CASE IS PENDING IN A JURISDICTION WHERE A JURY TRIAL SYSTEM EXISTS.
Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS SECTION MUST BE SUBMITTED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE SUBMITTED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Severability. Except as provided in Paragraph 3 of this Section (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Section are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Section shall continue in full force and effect.
Survival of Agreement. This Section will survive the termination of your relationship with us.

26. General

The Service may be subject to export or import regulations in each country. You agree not to use, export, reexport, or transfer, directly or indirectly, any technical data acquired from us, or any products utilizing such data, in violation of the export laws or regulations. You may not use, export, import, or transfer the Service except as authorized by the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. You acknowledge and agree that products, services or technology provided by us are subject to the export control laws and regulations. You shall comply with these laws and regulations and shall not, without prior the relevant government authorization, export, re-export, or transfer our products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations. This Agreement, and your access to and use of the Service, shall be governed by and construed and enforced in accordance with the laws of Japan, without regard to any conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. We reserve the right in our sole discretion to (i) modify, suspend, or discontinue the Service, or any features or parts thereof, whether temporarily or permanently, at any time with or without notice to you; and (ii) terminate your right to access or use the Service at any time and for any or no reason. You acknowledge and agree that we shall have no liability or obligation to you in connection with any such event as described in the foregoing sentence and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law. If any term, clause or provision of this Agreement is held invalid or unenforceable, then that term, clause or provision will be severable from this Agreement and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of this Agreement. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Except as otherwise provided herein, this Agreement is intended solely for the benefit of us and you and shall not confer third party beneficiary rights upon any other person or entity.

27. Contact Information

Email: contact@packs777.xyz