3D Printed Generativemasks Service Terms of Use

Article 1 (Purpose, Application, and Related Terms of these Terms of Use)

  1. DMM.com LLC (“Company”) has established these 3D Printed Generativemasks Terms of Use, and provides the 3D Generativemasks printing service (“Service”) through DMM.com website (“Site”) in accordance with these Terms of Use (“Terms of Use”).
  2. These Terms of Use set forth the terms and conditions applicable to the use of the Service by the customers of the Service (“Customer(s)”).
  3. Pages and content such as help and guide for the Service shall constitute a part of these Terms of Use.
  4. In the case that the Company stipulates an individual agreement incidental to the Service separately from these Terms of Use, the provisions of the individual terms and conditions of such individual agreement (“Individual Terms”) shall take precedence over these Terms of Use.

Article 2 (The Service, Age Limitation Etc.)

  1. In the Service, the NFT data of 3D Generativemasks has been possessed by Customers will be output by the Company using a 3D printer, and the output (“Output”)will be delivered to the Customers. Anyone who is under the age of 16 is not able to use the Service, and is not entitled to place an order.
  2. The Service shall be provided in accordance with the 3D model design guidelines separately established by the Company or the 3D printer used by the Company.
  3. In the Service, a new NFT is issued on the Startlail blockchain after the completion of order process for a 3D Printed Generativemasks by a Customer, and the Customer's Ethereum address is clearly indicated on the Startrail Registry Record on the Output. The content of the Startrail Registry Record can be viewed by reading the NFC chip embedded on the back of the 3D Printed Generativemasks with a smartphone equipped with an NFC reader.
    *Startrail is a blockchain infrastructure developed and operated by Startbahn Inc.. for the distribution and evaluation of artworks to ensure their credibility and support their further development. (https://startrail.io/)
    *NFC tags for 3D Printed Generativemasks use a communication protocol (ISO14443A), and the location of the NFC reader on compatible smartphones may differ from company to company, so please check the manufacturer's website for each model you are using.

Article 3 (Registration for Startrail PORT Account)

  1. Startrail PORT provides a web application, API, and NFC tags for easier use of Startrail that supports the transfer of value and guarantees for the authenticity of artworks.
  2. In using the Service, the Customers shall connect to Startrail PORT (Ethereum address) as designated by the Company.
  3. Customers shall use the Service on Startrail PORT in accordance with the following terms and conditions of the Startrail PORT Terms of Service. Customers shall use Startrail PORT at their own risk and shall be responsible for any and all actions and results of their use of Startrail PORT.

Article 4 (Notification/Contact)

  1. In cases where there are matters to be communicated to the Customer concerning the Service, the Company shall send a notification to the e-mail address of the Customer registered on the Site (“Registered E-mail Address”), and such notification shall be deemed to have reached the Customer when the notification e-mail is sent.
  2. Except as otherwise provided in these Terms of Use, a Customer shall contact the Company by using the contact form designated by the Company.

Article 5 (Orders/Cancellation/Returns/Exchanges)

  1. The Customer shall place an order for an Output in accordance with the method designated by the Company.
  2. A contract for the Service shall be formed when the Customer places an order. After the conclusion of such contract, the Customer shall not change the content of the order, cancel the order, or request a refund.
  3. In the case that the Customer resides in an area where the Company is unable to ship, the Company shall be able to terminate the Contract without any obligation, and the Company shall notify the Customer of the termination to the Customer's Registered E-Mail Address. In this case, the Company shall be exempted from any and all damages incurred by the Customer due to the termination.
  4. The Customer has to complete payment by the method designated by the Company within one week from the date of transmission of the payment information notice e-mail by the Company. In case where payment is not received from the Customer within the payment period, the Company may terminate the contract regarding the order of goods. Example: If the time stamp of e-mail emission by the Company for the payment information notice is at 00:00 on April 1, 2023, the Customer has to complete payment by 23:59 p.m. on April 7, 2023, which is one week after the emission of the e-mail.
  5. When the Company completed the shipment of the Output, the Company will notify the Customer via the delivery company to the Customer's Registered E-Mail Address.
  6. The Customer must receive the Output shipped by the Company within the storage period specified by the delivery service provider. In the case that a Customer does not receive said Output even though the storage deadline set by the delivery service provider has been exceeded, the Customer shall not object to the Company’s disposal of said Output.
  7. Even in the case of the preceding paragraph, Customer shall not be exempted from their payment obligations to the Company.
  8. Except in the cases set forth in the following paragraph, the Customers shall not be entitled to cancel of an order, return of the ordered items, or exchange of the ordered items for non-defective ones.
  9. The Customers shall confirm the Output within 7 days from the date of receipt of the Output from the delivery service provider (“Confirmation Period”). In addition, if any of the following cases applies, the Company will return the ordered items or replace them with non-defective items only if a Customer contacts the Company within the Confirmation Period by the method designated by the Company and the Output items are unused and unprocessed. Such return or exchange shall be handled in accordance with Article 17-1. Basic terms and conditions for order and return etc.
    1. Cases in which the Output is reasonably considered to be different from the contents of the Customer's order, and
    2. Cases in which the Output is found to be defective due to an accident during shipment.

Article 6 (Charges)

When placing an order for Output, Customers shall pay the amount separately determined by the Company using the payment method specified by the Company. Please refer to the page “Notice Based on the Act on Specified Commercial Transactions of Japan” for details.

Article 7 (Method of Payment)

  1. The Customers shall pay the fees using Ethereum.
  2. Regarding payment with Ethereum
    1. Ether (ETH) on the Ethereum blockchain can be used for payment.
    2. The Customers are responsible for the cost of gas (fees) to issue transactions on the Ethereum blockchain.
    3. While Ether (ETH) may be lost if there is an error in remittance due to incorrect address or chain designation, etc., the Company shall not be liable for any Customer's erroneous remittance.

Article 8 (Responsibility of Customers)

  1. The Customers shall use the Service at their own risk, and shall be responsible for all actions and results of their use of the Service.
  2. The Customers shall use the Outputs in accordance with the usage and product description displayed on the Outputs. and the Company shall not be liable for any damages caused by the use of Outputs that are not in accordance with these descriptions.
  3. All responsibility for 3D Generativemasks' 3D data (including responsibility for the transmission and publication of the transmitted data, and for the production and transfer of Output based on the transmitted data) shall be assumed by 3D Generativemasks. The Company assumes no responsibility for the 3D data of 3D Generativemasks.
  4. The Customers shall be solely liable for any loss or damage arising from the production, transfer, etc. of the Outputs to third parties, including but not limited to copyrights, trademarks, design rights, patents, and other intellectual property rights (including publicity rights), portrait rights, and any other rights of any third party. In the case of infringement of intellectual property rights such as copyrights, trademarks, design rights, patents, portrait rights, or any other rights of a third party, the Customer shall resolve the matter at his/her own responsibility and expense, and the Company shall assume no responsibility in any event.
  5. In the case that a Customer causes damage to a third party in connection with the use of the Service, the Customer shall compensate the Company for such damage at the Customer's own responsibility and expense, and the Company shall not be liable for any damage.
  6. In the case that the Company receives a claim from a third party due to an act of a Customer, and the Company incurs expenses in handling the claim, etc., the Customer shall compensate the Company for such expenses.
  7. In the case that a third party requests the Company to disclose the personal information of a Customer for legitimate purposes, such as filing a lawsuit against the Customer on the grounds of copyright or other rights infringement, the Company will not disclose the personal information of the Customer unless the third party is the right holder or has legitimate authority, and the infringement is clear, etc. If the Company determine that there is a reasonable and appropriate reason for disclosing the personal information of the Customer, such as that the third party is a right holder or other person with legitimate authority and that the infringement is obvious, the Company may disclose the personal information of the Customer registered in the account, and the Customer shall agree to such disclosure in advance.

Article 9 (Prohibited Conducts)

  1. The Company prohibits money laundering or any activity that the Company deems may result in money laundering.
  2. In the event that the Company determines that a Customer's conduct falls under the prohibited conduct in Paragraph 1, the Company may, without prior notice to the Customer, terminate the contract, suspend use of the Service by the Customer, or take any other necessary action.

Article 10 (Change of Contents, Suspension, and Termination of the Service)

  1. The Company may, at any time and in its sole discretion, change the contents of the Service, suspend, or terminate the Service without prior notice to the Customers.
  2. The Company shall not be liable for any damages incurred by the Customers as a result of changes in the contents, suspension, or termination of the Service.

Article 11 (Disclaimer)

  1. The Company makes no warranty that the Service will be suitable for the Customers' particular purpose or that the Service will have the quality and value expected by the Customers.
  2. The Company shall not be liable for any use of the Outputs by Customers. The Customers shall use the Outputs at their own discretion.
  3. Even in the event that a Customer suffers damages in connection with the use of the Service, the Company shall not be liable for compensation for damages, unless otherwise provided in these Terms of Use.
  4. In the event a contract between the Company and a Customer regarding the use of the Service constitutes a consumer contract under the Consumer Contract Act of Japan, the provisions of these Terms of Use that completely exempt the Company from liability for damages shall not apply to the extent required by the Consumer Contract Act of Japan. In such cases, if the damages incurred by the Customer are based on default or tort by the Company, the Company shall be liable for damages up to the amount paid by the Customer to the Company for the use of the Service. However, this shall not apply in the case of willful misconduct or gross negligence on the part of the Company.

Article 12 (Attribution of Rights)

  1. All rights (copyrights, neighboring rights, trademarks, design rights, and other intellectual property rights, as well as all other rights) to the Service or the content comprising the Site (“Content”) shall belong to the Company or third parties that have licensed their use to the Company.
  2. The Customers shall not perform any act that infringes on the rights of the Company or any third party with respect to the Content.

Article 13 (Business Transfer)

In the event that the Company transfers the business of the Service to a third party, the Company may transfer its position as operator of the Service, its rights and obligations under these Terms of Use, and the Customers' registration information and other information to the transferee of such business transfer in conjunction with such business transfer, and the Customers shall agree in advance to such transfer of the Customer's position as a Customer, its rights and obligations under these Terms of Use, and the Customer's registration information and other information. The Customers agree in advance to the transfer of the Customers' status as an operator of the Service, rights and obligations under these Terms of Use, and the Customers' registration information and other information.

Article 14 (Outsourcing)

The Company may outsource all or part of the Service's operations to a third party, and the Customers shall agree to this in advance.

Article 15 (Modification of these Terms of Use, etc.)

The Company may, when it deems necessary, change these Terms of Use in accordance with Article 548-4 of the Japanese Civil Code. The Company will notify the public of such modification, the content of the modified Terms of Use, and the effective date of the modification by posting on its website or by e-mail before the effective date arrives.

Article 16 (Severability)

If any provision of these Terms of Use, or any part thereof, is held invalid or unenforceable under the Consumer Contract Act or other laws and regulations of Japan, the remaining provisions of these Terms of Use shall remain in full force and effect.

Article 17 (Purchase of Output)

  1. Basic terms and conditions for order and return etc.
    1. When placing an order, the Customers shall carefully review these Terms of Use and the details of Output. As set forth in Article 2-1 above, anyone who is under the age of 16 is not able, and is not entitled to place an order.
    2. Once "Place Order" button was pressed by a Customer, the Company will send an e-mail confirming the contents of the order, and a contract regarding the order of the Output will be concluded. After the conclusion of such contract, the Customer may not change the contents of the order, cancel the order, or request a refund.
    3. Please be advised that there are cases in which an order may be shipped in some installments due to certain circumstances.
    4. All prices are shown inclusive of handling fees, excluding import taxes, import related handling fees, and other local taxes to be imposed due to the nation’s tax laws and regulations.
    5. The Company does not issue receipts.
    6. The Company reserves the right to cancel an order due to unforeseen circumstances at suppliers of the Company, changes in delivery dates, product discontinuation, postponement of release, price discrepancies, or other reasons. Please be advised, in advance, that no compensation will be provided in the case of cancellation of an order.
    7. Outputs will be shipped by the Company by around the end of June 2023.
    8. In the event of a miss-shipment, defect etc., the Customer shall contact the contact listed at the end of these Terms of Use within Confirmation Period (i.e.7 days) from the receipt of the Output by the Customer. The Customer shall provide reasonable cooperation, such as returning the Output or providing photographs of Output etc. upon the Company's request, and the product will be replaced or returned at our expense. (In case a Customer contacts the Company after 7 days have elapsed from the date of the delivery to the Customer's address, the Company will not accept the exchange or return of the Output in any case.)
  2. About the delivery of Outputs
    1. It takes approximately 3 months from the conclusion of contract in accordance with these Terms of Use.
    2. Delivery may take longer depending on the destination area (e.g., remote islands), local weather conditions, and situation of delivery system.
    3. Depending on the destination region, customs duties and fees may be incurred separately at the time of importation. The Customers are responsible for any costs incurred at the time of importation.
    4. Orders will be cancelled in cases where the Output is deemed not importable by customs or returned due to exceeding the storage period or other reasons.
    5. Orders will also be cancelled in cases where the Output is returned due to an undeliverable address or region, etc.

Article 18 (Time)

Any time indicated or used on the Site or in the Service shall be Japan Standard Time (JST).

Article 19 (Governing Laws and Agreed-to Court with Exclusive Jurisdiction)

  1. These Terms of Use shall be construed in accordance with the laws of Japan.
  2. Customers shall agree that the Customers should submit to the exclusive first-instance jurisdiction of the Tokyo District Court in any dispute that may arise between the Company and any Customer in connection with the Service or with these Terms of Use.

For inquiries about this Service

Inquiries about 3D Printed Generativemasks

https://form.run/@make-dp-1675076804

(Supplementary Provisions)

Enacted on March 24, 2023