TERMS OF USE

Tounoki Ltd. (hereinafter referred to as “Company”) has established the TERMS OF USE (hereinafter referred to as “these terms”) (as defined in Article 1) of the service it operates (hereinafter referred to as “the Service”) (as defined in Article 1) as follows. These terms apply to all matters between the users (hereinafter referred to as the “Users”) (as defined in Article 1) and the Company.
Those who wish to use the Service, please read these terms carefully before using the Service. By using the Service, the Users accept and agree to these terms.

The terms used in these terms have the following meanings.
“These Terms” means these Terms of use. In relations to the Service, when the Company defines special provision, supplementary terms, cautions, privacy policies, usage guidelines, help, and FAQ besides these terms of use, they are also part of These Terms, so please read them carefully.
The “Service” means sales of goods operated by the Company, the provision of block chain wallet and other related service to “METAFLORIST” (if the name has changed, the new name) which is named by the Company.
The “Goods” mean still images, videos with messages, and digital contents tied to the NFT that the Company sells through the Service.
The “Users” mean any individual, corporation or other entity that uses the Service and Goods. They also include those who use the Service and Goods upon transfer of the Goods.
The “Any Damage” mean damage, loss or expense and such that are arising out of or in connection with a particular act. It also includes, but not limited to, direct, indirect, incidental, special, exemplary, or consequential damages, lost profits, and attorney’s expenses.
The “Antisocial forces” mean antisocial organized crime groups, organized crime group members, those who have not passed five years since the time they are no longer such member, organized crime syndicate members, organizations involved in organized crime groups, an extortionist threatening to disrupt shareholder meetings or the like, a miscreant advocating political activism, and intellectual crime group or the like, or any party similar to any of the foregoing.

1. These terms apply to all Users of the Service. If the Users use the Service, the Users need to review these terms and agree that these terms constitute the agreement between the Users and the Company for the Service. Otherwise, if the Users do not wish to agree, the Users will not be able to use the Service. If the Users use the Service, the Users must confirm all of the terms beforehand and the Users agree that these terms constitute an agreement between the Users and the Company for the Service.
2. As necessary, the Company shall make These Terms optional to the extent permitted by Article 548-4, paragraph 1 of the Civil Code.
3. With respect to the revision of the Terms set forth in the preceding paragraph, the Company shall make the Terms after the revision in advance and on the effective date of such amendments. Such change shall be notified to the Users by a method that the Company deem appropriate. The revised Terms shall become effective as of the date of such effect. The Users shall comply with the revised Terms, so the Users are required to visit this page regularly and make sure to check the latest conditions. In the event that changes to These Terms require the consent of the Users by law, if the Users use the Service after the Company notified the Users the contents of the revised Terms, the Company acknowledge that the Users agree that the revised Terms apply.

1. The Company shall modify, add, and terminate the Service in whole or in part at any time. In such event, the Company shall notify the Users in advance in a manner the Company deems appropriate. However, in the event of an emergency, the Users shall be notified after the emergency.
2. The Company will not be responsible for any damage caused by the Users upon modification, addition, or termination of the Service pursuant to the preceding paragraph.

1. The Company handles personal information of the Users in accordance with the “Privacy Policy” which is separately specified.
2. The Company shall provide information to the desired Users through e-mail magazine and other means (including advertisement). Regarding the necessity of providing information, the Users will be required to indicate the Users intention in the manner prescribed by the Company on the Service. However, for the provision of information necessary for the operation of the Service, it shall not be possible to suspend at the request of the Users.

1. In the event when the Users or a third party commissioned by the Users fall under the following items, the Company shall suspend the provision of the Service and take any other necessary measures as permitted by the Company without prior notice to the Users. In addition, the Users are responsible for compensation for damages and such incurred as a result by the Company.
(1) When the Users make a false declaration when purchasing a product
(2) When the Users are deemed to belong to or be involved in an antisocial group or when it is recognized that there is a business with an antisocial group
(3) In the event of a delay in payment or other debt default in respect of the Service
(3) In the event that repeated returns and cancellations are made
(4) When the Users have taken any action that falls under Article 17 (Prohibited Matters)
(5) When there has been misconduct or improper conduct in using the Service
(6) Any other action contrary to These Terms
(7) In other cases when the Company reasonably believes that the Uses are inappropriate as the Users of the Service

1. The sales agreement between the Users and the Company regarding the Goods shall be complete when the Users complete payment for the Goods that have been ordered.
2. Minors must order goods with the consent of a legal representative. When an order is placed by a minor user, the Company assume that the Company has the consent of a legal representative.
3. Once an order has been successfully placed, the Users shall pay the Company the price of the goods (hereinafter referred to as the “price”) at the time of order according to the payment method specified in the Article 10 which was specified by the Users at the time of the order.

1. Even after the order is placed by the Users, in the case of the following items, the Company shall refuse to enter into a sales contract for the goods involved in the order. In that case, the Company shall not be liable in any damages to the Users incurred by the failure to enter into a sales contract and such.
(1) If the Users do not complete payment of the full amount within the time period specified by the Company
(2) When a credit card company designated by the Users informs the Company that the credit card if not being debited
(3) If there is an error in the product information or the sales price and such of the products involved in the order
(4) When it is impossible or difficult to provide goods due to other circumstances
2. Even after the sale of goods is concluded, if the Users fall under the Article 5, the Company shall be able to terminate the sales contract without any notice. In this case, the Company shall claim compensation for any damages incurred to the Company.
3. Until the conclusion of the sales contract as set forth in paragraph 1 of the preceding Article, the Company and the Users shall comply with the methods separately specified by the Company and may cancel the order and may not enter into a sales contract for the order.

1. Product information, such as specifications for each product, is displayed on each product page.
2. The Company shall be able to change product information, such as product specifications, to the Users without prior notice.

1. The sales price of each product is displayed on each product page.
2. The Company shall be able to change the sales price of products to the Users without prior notice.
3. Even if the sales price of a product changes after the Users places the order, the Users shall pay the sales price of the product upon completion of the order, and the Company shall not refund the difference to the Users.

1. When placing an order, the Users shall be able to select the payment method specified in each of the following items.
(1) Payment by credit card specified by the Company
(2) Payment using the Users’ account of Amazon Pay, Apple Pay or Google Pay
(3) Other payment methods provided by the Company
2. The Company may add or remove the payment methods specified in the items of the preceding paragraph.
3. When the Users choose to pay by credit card, and if the credit card company designated by the Users informs the Company that the credit card is not being debited, the Company shall be able to charge the Users for payment using other payment methods.

Any queries with respect to the Service or other communications or notices from the Users to the Company, notice of changes to these terms, or other communication or notice from the Company to the Users shall be made in accordance with the procedures specified by the Company.

1. The product provision shall be able to be received from the issued URL and from the wallet application provided by the Company. The Company does not support receiving with any other wallet applications.
2. The Users are responsible for managing and storing the issued URLs at their own risk. In the unlikely event that the Users have sent or leaked the URL to a third party, there is a risk that the product might be passed on to a third party. In this case, the Company shall not cover the product. In addition, the Company shall not be responsible for any damage caused to the Users.

1. Within one week after the conclusion of the sales and sale of the goods, the Users must confirm whether the type, quantity, and specifications of the goods concerned fit the contents of the contract for the goods ordered by the Users.
2. If, after confirmation of the preceding item, the goods do not conform to the contract, only if the Company is contacted by e-mail or telephone within two weeks after the conclusion of the sales contract for the said goods, the Company will take measures such as replacing or repairing the goods at the expense of the Company.
3. In addition to the preceding item, please note that the Company shall not be liable for defects or non-conformity of the contract with respect to the Service and goods, nor shall it be liable for any non-conformity of the contract.
4. Except in the case of item2, after the sale of goods is concluded, for any reason, the Users shall not be able to change to other products, change the specifications, cancel, return, or exchange the goods for the convenience of the Users.

1. The use of copyright, trademark, and other property rights (hereinafter referred to as “Content”) relating to the content, individual information, trademarks, images, advertisements, design, movie and data through the goods and the Service by the Users is limited to the personal use of the Users as set forth in the Copyright Act and other laws, and the User shall not use or disclose it beyond the Users personal use, and the Users shall not advertise or sell it (expect for the transfer of the goods themselves) for commercial purposes.
2. The Content belongs to the Company or the author or copyright owner who created the Content. In addition to the use based on issue 1, the Users shall not reproduce, edit, post, publicly transmit, distribute, sell (except for the transfer of the goods themselves), provide, translate, use or use any other type of application.
3. The Service and all software used in connection with them contain property rights that are protected by laws and regulations concerning intellectual property rights.
4. The Company shall not be liable for any damage caused by the conduct of the User who violates this Article. In addition, if the Users benefit from any of these activities, the Company shall have the right to claim a value equivalent to that benefit.

1. In the operation of the Service, the Company shall collect the Users’ access information by using cookies regarding the Users’ access history. Its purpose is limited to providing services to the Users, improving services in the future, and distributing behavioral targeting advertisements. The Company does not collect or use information to identify individuals or for any other purpose.
2. The Users’ use of the Service may be restricted if the Users set the Users’ web browser to reject cookies.

1. The Company shall be able to assign, dispose of, or set collateral rights (including when transferred or succeeded by merger, corporate split, or business transfer, etc.) to a third party without the consent of the Users.
2. Except in the case of the transfer of the Goods, the Users must obtain the Company’s consent in advance to transfer or set up collateral right for any rights and obligations relating to the Service to a third party.
3. These Terms apply to goods transferred or acquired through succession. The recipient of the Goods must review these Terms and agree that these terms apply.

When using the Service, the Users shall not take any action as set forth in the following items.
(1) Acts that are contrary to laws, regulations or morals or conduct that may be at risk
(2) Property right, copyrights and other intellectual property rights of the Company or third parties, honors, social trust, privacy, portrait rights, publicity rights, or any other conduct that infringes or may violate the rights or interests of any other person
(3) Any conduct that interferes with the operation or business of the Company and the Service or any other activity that may interfere with the operation of the Service
(4) Use of the Service by using information from other people
(5) Any activity that adversely affects the security of the Service, the functioning of computer equipment, lines, software, the servers, or networks involved in the Service, including the transmission of computers and viruses
(6) Unauthorized access to any system related to the provision of the Service by the Company
(7) Access to the Service using a different method than the interface provided by the Company
(8) Act that bypasses the technical limitations of the website of the Service, the Service, or the software and applications associated with the products
(9) Use of security holes, errors, or bugs on the website of the Service or software and applications related to the Service and products
(10) The act of decoding the website of the Service, the Service, or the software, applications and protocols associated with the products by means of reverse engineering, disassembly or other means
(11) The act of falsifying or modifying the website of the Service, the Service, or the software, applications and protocols associated with the products
(12) Copying or secondary use of the website of the Service, the Service, or the software, applications and protocols associated with the products
(13) Unfair claims that exceed legal liability
(14) Acts of threatening behavior or use of violence in relation to transactions
(15) The act of spreading the rumor and using fraudulent means or force to damage the other person’s credibility or interfere with the Company’s business
(16) In addition to the above, any conduct deemed inappropriate by the Company

1. If one of the following items apply, the Company may discontinue or suspend all or part of the Service, or take other necessary measures as authorized by the Company without prior notice.
(1) In the case of regular maintenance and emergency maintenance of the system
(2) In the case when the system is under heavy load
(3) In the case of difficulty in operating the system due to fire, earthquake, power outage, lightning strike, other natural disaster, or obstruction by a third party
(4) In the case of difficulty in operating the system due to a system malfunction or error
(5) When requested by an administrative or judicial agencies
(6) Otherwise, in the case when the Company determines that it is necessary for reasonable reasons
2. The Company shall not be liable for any damage to the Users caused by the measures taken by the Company pursuant to the preceding paragraph.

1. The Users use the Service at the Users’ own discretion and responsibility, and the Users are solely responsible for the use of the Service, and the Users must not cause any inconvenience or damage to the Company or any third party. In the event that the Users have suffered damage to the Company or to a third party in connection with the use of the Service, the Users shall indemnify such damages at the Users’ own expense and liability.
2. The Company shall not be responsible for any disputes (including, but not limited to, trials, claims, and all problems) related to the Service between the Users and any third party. In such disputes arise, the Users must resolve them at the Users’ own expense and liability.

1. In providing the Service, the Company shall not be liable for any interruption, delay, or suspension of systems, loss of data due to communication line or computer failures, damage caused by unauthorized access to data, or any other damage to the Users relating to the use of the Service.
2. The Company shall make every effort to ensure that emails and content sent from the Company’s website pages, servers, and domains do not contain harmful items such as computer viruses. In the unlikely event that such harmful items are contained, the Company shall not be liable for any damage to the Users resulting from this.
3. The Company shall not be liable for any damage caused by the Users’ breach of these Terms.
4. In the event that the Company shall be liable to the Users for damages based on the content of these Terms and other reasons (hereinafter referred to as “Cause of Liability”), except where it is attributable to willful misconduct or gross negligence by the Company, the Company’s liability shall be within the amount of actual damage normally found directly from the cause of such damages and the total value of the goods (including consumption tax, and the following shall be referred to in this paragraph as “Goods price”) incurred on orders associated with the cause of such damages. However, if it is not possible to identify an order that is related to the cause of such liability, the Company’s liability shall be limited to the Goods price for orders made at the nearest time, up to the time of the occurrence of the cause of such liability.
5. Regarding the structure of the Service, each content, each page, each Service, goods handles and other items, the Company shall change, delete, or add them at any time at is discretion.
6. The Users shall pay the cost of the preparation and installation of computer and communications equipment necessary for the use of the Service, Internet connection fees, communication fees for the use of the line, and all other cost, and the Users shall use the Service within the Users’ own responsibilities.
7. In the event that the Users’ data is lost or becomes unreadable due to a failure or trouble in the Company’s computer or communications equipment to provide the Service, the Company shall not require any notice to the Users, and shall be entitled to immediately cancel or terminate the sales contract without precondition, and to suspend the provision of the Service.
8. If the Company has any obligation to notify the Users, the Company fulfills its obligations by providing notice in accordance with these Terms in advance based on the information the Users have previously registered or provided to the Company. In addition, all notices and other necessary procedures shall be excluded by processing them based on the Users’ registration.
9. While the Company may provide the Users with information at any time and from time to time, the Company shall not be responsible for any damage that may result.
10. The Company shall not be liable for any damage caused by the Users’ violation of these Terms.

1. The enactment, efficacy, performance and interpretation of these Terms shall be governed by the laws of Japan.
2. In the event that the Company encounters a problem with the Users’ use of the Service that cannot be resolved by these Terms, the Users and the Company shall discuss and resolve this in good faith.
3. In the event that a lawsuit is necessary in connection with these Terms, the Tokyo District Court shall be the exclusive jurisdiction of the first instance.