Terms of Use for Paint Knock Out

Article 1 (Purpose)

  1. These Terms of Use (these “Terms”) will govern the use of of the on-line game "Paint Knock Out" (the "Video Game") provided through Seamoon Portal (the "SMP Portal") as an SMP Application that will employ the functions of the platform "Seamoon Protocol" taking web3 technology (the “SMP App”) provided by DMM Crypto Co., Ltd. (the "Company").
  2. Upon using the Video Game, individuals who use this video game (the "Users") agree to these Terms (such agreement will form a legally binding contract between the Users and the Company (this “Agreement”) ) and consent to the collection and processing of data as set forth in the privacy policy. If the Users will not agree to these Terms and Conditions or the privacy policy, the Users may not access or use the Video Game. In addition, when the Users use the Video Game via the SMP Portal, the SMP Portal (Seamoon Portal) Terms of Use will apply.
  3. In order to use the Video Game, the Users will, at their own expense, prepare a usage environment that is better than the environment recommended by the Company.

Article 2 (Definitions)

In these Terms, the words and phrases in the following items shall have the meanings specified in each item below:

  • (1) “SMP Account” means an account opened by the Users to use the SMP Portal, used to provide various services through the SMP Apps, and commonly used for the SMP Apps. Details of the SMP Account will be determined separately based on SMP Auth Terms of Use;
  • (2) "Game Data" means the Users' usage history of the Video Game, all information that occurs in the Video Game (including characters, acquired in-game items, acquired in-game currency such as Trade Medals, etc.) ;
  • (3) “Trade Medal” means in-game loyalty reward points that will be issued free of charge within the Video Game or will be given as rewards for the Users who play within the game and clear certain conditions;
  • (4) “SMP” means a crypto asset into which Trade Medals issued or given to the Users are exchanged through Crypto Asset Exchange Tickets at certain rates and conditions. Depending on the nature and specifications of the Video Game, it may not be used in the Video Game;　
  • (5) “Crypto Assets” means a collective term for SMP and other crypto assets under the Payment Services Act. Depending on the nature and specifications of the Video Game, it may not be used in the Video Game;
  • (6) “SMP Trade” means a function that allows the Users to check the number of Trade Medals held by the Users within the Users' SMP Account, and allows the Users to withdraw Trade Medals; or
  • (7) “Crypto Asset Exchange Ticket” means a reward service that is converted from Trade Medal by the Users in advance when converting the Trade Medal acquired by the Users into SMP.

Article 3 (Use of the Video Game)

In order for the Users to use the Video Game (including saving and continuing to use the Game Data of the Video Game), the SMP Account will be required to register.

Article 4 (Game Data)

  1. The Users may use the Game Data only within the scope of the purpose specified by the Company, and the Users may not use the Game Data for purposes other than those specified by the Company (including in a manner not specified by the Company and in any manner deemed to be unreasonable by the Company).
  2. The Users may not use Game Data beyond the scope that the Company deems to be reasonable, and may not transfer or allow a third party to use the Game Data.
  3. The Company may delete, move, or change the Users' Game Data if any of the following reasons apply:
    • (1) If the Video Game title corresponding to the Game Data is no longer provided;
    • (2) If the operation of the Video Game title corresponding to the Game Data is transferred to a third party;
    • (3) If the Users violate these Terms etc. (including cases where the Company determines that the content or creation process of the Game Data violates these Terms etc.);
    • (4) If it is deemed necessary for technical reasons such as the Game Data exceeding the specified capacity; or
    • (5) In other cases deemed necessary by the Company.
  4. The Company has no obligation to the Users to change the Game Data.

Article 5（Trade Medal)

  1. Trade Medals will be granted to the Users free of charge, subject to restrictions and conditions described by the Company, such as actions in the Video Game (login bonuses, battle/play rewards, etc.) and viewing of web advertisements displayed in the Video Game.
  2. In the event that the reward of Trade Medals pursuant to article 5.1 is not reflected correctly due to a malfunction in the program or system, the Company may, at its discretion, adjust the quantity of Trade Medals and change the quantity of Trade Medals to the correct quantity.
  3. Even if a third party other than the Users’ uses the Users' SMP Account and clears the specific conditions set forth in article 5.1, the Company will determine that the play was performed by the Users themselves and will give the reward of Trade Medal to such Users.
  4. Even if the Company delays or fails to grant the Trade Medal due to the Users’ negligence to apply for a change to the registered details of their SMP Account, or regardless of whether due to a defect in the registered information, the Company will not be liable for any disadvantage caused to the Users as a result of such situation, except for the Company’s willful misconduct or gross negligence.

Article 6 (Use of Trade Medal)

  1. The Users shall keep and manage Trade Medal at their own responsibility and risk.
  2. The Users may exchange Trade Medals for SMP within the Trade Medal balance displayed in their accounts according to the conditions specified by the Company (such as converting them to the Crypto Asset Exchange Tickets according to specified conditions), It can be used in whole or in part, such as exchanging Trade Medal for SMP. In addition, if the Company determines an expiration period for Trade Medals or a usage period corresponding to the time of the Trade Medal’s acquisition by the Users during the provision period of the Video Game, and when the Users do not use it within the said period, the Trade Medal will expire.
  3. Trade Medal outstanding balance and usage balance will be recorded on the Company’s server along with the Users’ SMP Account. As long as the Users use the same SMP Account, they can use the Trade Medal related to that SMP Account.
  4. If the reward of Trade Medals pursuant to article 6.3 is not reflected correctly due to a malfunction in the program or system, the Company shall, at its discretion, adjust the quantity of Trade Medals and change the quantity to the correct quantity of Trade Medals. The Users shall manage Trade Medal at their own responsibility and risk.
  5. The Users may not lend, sell, gift, or otherwise transfer Trade Medal to a third party.
  6. If the Company imposes certain restrictions on the use of Trade Medal, the Users shall use Trade Medal within the scope of such restrictions.

Article 7 (Abolition/Extinction of Trade Medal)

  1. Regardless of any reason, if the Users' SMP Account is deleted, the Trade Medal related to the SMP Account recorded on the Company’s server will be deleted.
  2. The Users may not make any claim against the Company regarding the extinction of the Trade Medal, and the Company will not provide any compensation or assume any responsibility for the extinction of the Trade Medal. However, this article 7.2 does not apply if the Trade Medal expires due to the Company’s willful misconduct or gross negligence.

Article 8 (Crypto Asset Exchange Ticket)

  1. The Company shall divide the period of events in the SMP Apps into multiple rounds (the "Rounds", and each round, “Round” ), set the Crypto Assets to be pooled for each Round, and then publish them on the SMP Portal. The Users may check these on the SMP Portal.
  2. The Users may enter any amount of Trade Medals awarded to the Rounds until the end of a specific Round of the event in the SMP Apps linked to the Trade Medal properly, and after the end of that Round, the pooled Crypto Assets shall be distributed to the Users according to the proportion of the amount of Trade Medals entered by the Users and granted as Crypto Assets Exchange Ticket.
  3. The Users shall use all Trade Medals awarded at the event to enter into the Round of the event, and any remaining Trade Medals of the Users which up to the final Round of the event will not be entered into will expire upon such deadline being reached.

Article 9 (Withdrawal of Crypto Assets)

  1. The Users will be able to check the amount (cumulative total) of Crypto Asset Exchange Tickets which the Users own and the amount of the Crypto Assets that can be withdrawn using the Crypto Asset Exchange Tickets on the SMP Portal.
  2. If the Users wish to receive the withdrawable the Crypto Assets confirmed in article 9.1, the Users shall apply for withdrawal on the SMP Portal. In response to such application, the Company shall remit the Crypto Assets withdrawn by the Users to the Crypto Asset’s wallet specified by the Users, either directly or via a third party’s crypto asset service.
  3. Users may not refund crypto assets withdrawn pursuant to the preceding paragraph.
  4. Cryptocurrency exchange certificates shall be deleted within one year from the time they are granted to the user (the "Usage Period"), and the Company shall not be responsible for such deletion. not. However, if the Company sets a lock-up period for a Crypto Asset Exchange Ticket, the usage period shall be calculated from the date on which the lock-up period expires.
  5. Taxes, fees, and other costs arising from withdrawn Crypto Assets shall be borne by the Users.

Article 10 (Cancellation of grant of Trade Medal and Crypto Asset Exchange Ticket)

The Company may cancel all or part of the Trade Medal and Crypto Asset Exchange Ticket granted to the Users, if any of the following items apply (In addition, the Company will not provide any compensation or assume any responsibility for canceled Trade Medals and Crypto Asset Exchange Tickets.):

  • (1) If the application operator requests cancellation of the grant of Trade Medal and the Company deems the request to be legitimate.
  • (2) If the Users violate these Terms;
  • (3) If it can be reasonably determined that due to a system bug, etc., the Users have been given more Trade Medals and Crypto Asset Exchange Tickets than should be given;
  • (4) If the Users refuse to provide information required by the Company in connection with the granting of the Trade Medal and Crypto Asset Exchange Ticket to the Users; or
  • (5) In other cases where the Company deems it appropriate to cancel the Trade Medal and Crypto Asset Exchange Ticket granted to the Users.

Article 11 (Use of SMP)

  1. The Users may use SMP to receive special services within the limits of their balances (collectively the "SMP Services") using SMP according to the method specified by the Company.
  2. If the Users receive the SMP Services, the SMP used to receive the SMP Services shall be deducted from the Users’ wallet balance.
  3. The Users’ SMP balance will be recorded on the Company’s server along with the Users’ account. As long as the Users use the same SMP Account, the Users can use SMP in SMP Wallet.
  4. The Users shall manage SMP at their own responsibility.
  5. The Company will not cancel or withdraw the use of SMP, nor will exchange SMP for cash or other virtual currency, regardless of any reason.
  6. The Users may not lend, buy, sell, gift, or otherwise transfer SMP to third parties in the Video Game.
  7. If the Company imposes certain restrictions on the use of SMP, the Users shall use SMP within the scope of such restrictions.
  8. Depending on the nature and specifications of the Video Game, this article 11 may not apply.

Article 12 (Risk)

The Users acknowledge and agree that there are risks listed in the following items regarding the Crypto Assets, Trade Medal which they own (collectively, the "Crypto Assets etc."):

  • (1) The value of the Crypto Assets etc. may be adversely affected by various market factors, and there is no guarantee of the value or price of them;
  • (2) The value and price of the Crypto Assets etc. may decrease due to factors such as their evaluation in the market, blockchain malfunctions, etc.; and
  • (3) The conditions for converting the Trade Medal held by the Users into SMP through a Crypto Asset Exchange Ticket are determined by the Company as appropriate, and depend on the quantity of Crypto Asset Exchange Ticket granted based on the number of participants of other Users in the event in which the Users participate.

Article 13 (Fees)

  1. Use of the Video Game is provided free of charge to the Users unless otherwise specified. Depending on the nature or specifications of the Video Game, if there are characters, in-game items, etc. that the Users can use in the Video Game, the Users can purchase the characters and in-game items by SMP or payment methods provided by third parties’ payment agencies (credit card payment, etc.)
  2. The Users acknowledge and agree that the Company will not be responsible for any on-line connection between the Video Game and any hardware, software, communications, etc. The Users acknowledge and agree that they will be responsible for any on-line communication equipment, communication fees, etc. necessary for the use of the Video Game.

Article 14 (Attribution of rights)

  1. All intellectual property rights in the Video Game (including all source code, databases, functionality, software, website design, audio, video, text, photographs, and graphics) and trademarks, service marks and logos contained here (collectively the "Marks") are owned, controlled, or licensed by the Company. The Users shall have no intellectual property rights in or to the Video Game, except for the right to use the Video Game in accordance with these Terms.
  2. The Users may copy, transfer, lend, translate, modify, or otherwise copy, transfer, lend, translate, modify, etc. images, videos, sounds, logos, text, programs, and other content related to the Video Game and the website that provides the Video Game, without using a method separately specified by the Company. It may not be used in any manner, including reproduction, reuse, or licensing to a third party.

Article 15 (Personal Information)

  1. The Company shall store personal information obtained from the Users in connection with the provision of the SMP Portal in accordance with the Company's Privacy Policy (SMP Privacy Policy (URL:https://seamoon.dmm.com/privacy/）), and will make efforts to appropriately protect and manage the personal information.
  2. The Users shall not use personal information obtained through false or other illegal means on the SMP Portal.

Article 16 (Prohibited Matters)

The Company prohibits the Users from doing the following in connection with the use of the Video Game:

  • (1) Performing any act that interferes with the operation of the Video Game or the business of the Company, such as making excessive inquiries, slander, threats, or making unreasonable demands to the Company;
  • (2) By slandering, threatening, making unreasonable demands, etc. against other Users, or by engaging in sexual, discriminatory, antisocial, or other offensive acts or statements, the Users may feel insecure or To cause discomfort;
  • (3) Acts of pretending to be a person related to the Company, other Users, another third party, or a fictitious person;
  • (4) Damage the honor or trust of a third party, such as by slandering the third party;
  • (5) Advertisements, commercial transactions, exchange of goods, religious activities, solicitation, etc. unrelated to the Video Game;
  • (6) Criminal acts, torts, and other acts that violate domestic and international laws and regulations (including acts that unfairly harm the rights of third parties);
  • (7) Acts that adversely affect or hinder the healthy upbringing of minors;
  • (8) Acts based on discrimination or prejudice regarding religion, race, gender, ethnicity, human rights, etc;
  • (9) Acts that recommend illegal or harmful activities or substances or provide reference information;
  • (10) Acts of transmitting information related to obscenity, assault, crime, child pornography, or child abuse, or distributing media containing such information;
  • (11) Acts of soliciting or providing information regarding suicide or self-harm;
  • (12) Encourage illegal or harmful activities or substances or provide reference information;
  • (13) Acts that violate public order and morals;
  • (14) Acts of collecting, storing, disclosing, etc. personal information of other Users and other third parties;
  • (15) Use the SMP Portal to collect the names and email addresses of third parties, whether or not by electromagnetic means, and send them emails, to create accounts by mechanical means, or to create false accounts. , Act of using for purposes other than the original purpose;
  • (16) Acts of letting a third party use or disposing of all or part of the SMP Account and Game Data by lending, exchanging, transferring, changing name, buying and selling, pledging, collateralizing, or other methods;
  • (17) Act of holding multiple SMP Accounts. However, this does not apply if the Users have obtained prior permission from the Company;
  • (18) Acts of using the Video Game for the purpose of abusing or interfering with the Company’s network or services;
  • (19) Acts that circumvent, disable, or otherwise interfere with or attempt to interfere with technical measures or security-related functions implemented by the Company (including functions that prevent or restrict the use or copying of information and data); Actions that impose restrictions on the use of the Video Games and data included in the Video Games;
  • (20) Systematically retrieving data and other content from the Video Game without written permission from the Company (including compiling, creating a database, and creating a directory, directly or indirectly);
  • (21) Use of data mining, scraping, robots, or similar data gathering or extraction methods;
  • (22) interfere with the uninterrupted use of the Video Game by uploading or transmitting (or attempting to upload or transmit) viruses, Trojan horses, malware, corrupted data, or other harmful files; or any act that alters, impedes, destroys, or alters or interferes with the use, features, functions, operation, or maintenance of the Video Game;
  • (23) Acts of developing or using applications or software that are not intended for the Company to operate the Video Games;
  • (24) Analysis of the Video Game by decompiling, disassembling, reverse engineering, etc.
  • (25) Creating data or executable programs that imitate in-game data or functions;
  • (26) Acts of redistributing, reselling, lending, or resale by duplicating all or part of the Video Game;
  • (27) Acts (including omissions) of preparing, abetting, aiding, supporting, encouraging, or promoting the acts specified above;
  • (28) Other acts that violate the provisions of these Terms and Conditions, etc. or laws and regulations;
  • (29) Acts that are deemed to be similar to or likely to conflict with the acts specified above; and
  • (30) Other acts that the Company deems inappropriate.

Article 17 (Changes, interruptions, and termination of the Video Game)

  1. The Company has the right, in its sole discretion, to modify, suspend or discontinue, temporarily or permanently, the SMP Portal (or any part thereof) at any time, for any reason, with or without notice to the Users. will be reserved. The Users agree that the Company has no responsibility to the Users for changes to the SMP Portal and that the Company has no obligation to update any information on the SMP Portal.
  2. The Company may periodically or irregularly conduct maintenance and maintenance in the event of a malfunction of equipment, equipment, software, hardware, etc. or if maintenance regarding the SMP Portal is required.
  3. The Users understand that the Company will not be liable for any loss, damage, or inconvenience caused by the Users' inability to access or use the SMP Portal during suspension or suspension of the SMP Portal, the Users agree to this. The Company shall notify the Users in advance in a manner deemed appropriate by the Company, unless the suspension or termination is due to an emergency or unforeseen circumstances for which the Company is not responsible.

Article 18 (Taxes and Fees)

The Users shall be liable for any type of exchange fees, third party fees, sales, usage, value added, personal property or other charges, taxes or customs duties (including interest and penalties thereon, whether or not imposed by current or future government fees) imposed by various jurisdictions in connection with the SMP Portal or by reason of the use of the SMP Portal.

Article 19 (Disclaimer of Warranty)

  1. The Video Game is provided on an as-is basis, and the Users shall use the Video Game at their own risk. To the extent permitted by law, the Company will not make any and all, express or implied warranties regarding the Video Game and the use of the Video Game, including the implied warranties of merchantability, fitness for a particular purpose, and the following items:
    • (1) Stable operation of the Video Game;
    • (2) Completeness and authenticity of the Video Game;
    • (3) The Video Game is available for use on specific devices;
    • (4) There are no bugs or other defects in the Video Game;
    • (5) There will be no problems with specific devices when using the Video Game;
    • (6) Completeness, accuracy, usefulness, etc. of all information obtained by the Users in connection with the content of the Video Game and the use of the Video Game; (7) Game Data for the Video Game will be completely retained; and (8) The Video Game does not infringe on any third party's intellectual property rights or any other rights.
  2. The Company will not be responsible for the blockchain network on which the Video Game is deployed or the SMP Wallet held by the Users.
  3. The Company has no access to the Users' private keys, however just will be responsible for allowing the Users to access their own Crypto Assets.

Article 20 (Damages)

If the Users cause damage to the Company due to (A) use of the SMP Portal or the Video Game, (B) violation of these Terms, or (C) any other cause attributable to the Users, the Users shall be responsible for all damages to the Company, and shall defend, indemnify, and hold the Company harmless from any claims made against the Company by third parties.

Article 21 (Limitation of Liability)

  1. The Company shall not indemnify any damages suffered by the Users (indirect damages, derivative damages, consequential damages, punitive damages, statutory damages, or special damages, loss of profits, decrease in sales, loss or falsification of data, loss or discontinuation of Trade Medal, or any other cause of compensation (regardless of whether it is based on contract law, tort, disclaimer of liability, or breach of warranty)), excluding direct damages caused by willful misconduct or gross negligence on the part of the Company. The Company will not take any responsibility, even if the Company has been advised of this possibility in advance.
  2. Regarding the SMP Portal and the Video Game, the Company will not guarantee (1) the accuracy of the content, (2) the Users' access to the Video Game, (3) the server environment, (4) to be free from unauthorized access to and related unauthorized use of personal information or personal property, (5) to be free from communication failure of the Video Game or similar events, (6) to be free from viruses or cyber-attacks, and (7) to be free from errors related to content and accompanying content. The Company will not assume any responsibility for any damages (including, but not limited to, damages caused to the Users) caused by the above items and any other reasons not attributable to the Company based on socially accepted conventions.

Article 22 (Changes to these Terms)

The Company reserves the right to change, modify, add or remove portions of these Terms at any time. If the Company changes, modifies, adds or deletes these Terms, the Company may notify through the SMP portal, the official website of the Video Game, within the Video Game, or by any other method specified by the Company. The revised Terms shall become effective immediately unless otherwise specified in the notice. By continuing to access and use the SMP Portal after notification, the Users will be deemed to have agreed to the revised Terms. If the Users do not agree to the revised Terms, the Users must immediately stop accessing or using the SMP Portal.

Article 23 (Governing law and Dispute Resolution)

These terms set forth in these Terms shall be interpreted in accordance with the laws of Japan. Any dispute, action, claim or cause of action arising out of or in connection with this Agreement, these Terms or the Video Game or their subject matter, formation, any question of their existence, validity or termination including without limitation non-contractual disputes or claims (collectively, the “Disputes”) shall be exclusively submitted to the International Chamber of Commerce (the “ICC”), and finally in accordance with the Arbitration Rules of the ICC (the “ICC Rules”), as amended or amended from time to time. The Disputes shall be resolved by a single arbitrator appointed by mutual agreement (the "Arbitrator"). If the Users and the Company cannot agree on an Arbitrator, the Arbitrator shall be appointed by the ICC President in accordance with the ICC Rules. The venue and place of arbitration shall be Tokyo, the language of arbitration shall be English, and the Arbitrator's fees shall be borne equally by the Users and the Company. However, the Arbitrator may seek to obtain such costs in any other manner the arbitrator deems necessary for this arbitration provision to be enforceable under applicable laws. The Disputes shall be brought in the Users‘ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The Users hereby agree that for any Disputes, the Users waive any right to a trial (by judge or jury), the Users waive any right to participate as a member of a class in a class action or similar proceeding.

Article 24 (General provisions)

  1. Unless otherwise provided in these Terms, the provisions of these Terms and the Company’s rights and remedies under these Terms will be cumulative and will be added without prejudice to any rights or remedies that the Company may have at law. In addition, the Company’s exercise of any right or remedy under these Terms or any legal right or remedy (except as expressly provided in these Terms or any legal right or remedy) may be subject to the Company's other legal rights or remedies. shall not operate to prevent or prevent the exercise of any right or remedy.
  2. The Company’s failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
  3. If any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall be enforced to the fullest extent under the laws. This will also apply without limitation to the governing law and jurisdiction stipulated in these Terms.
  4. The Company will seek immediate injunctive relief if a breach or default is such that a temporary injunction or other immediate injunctive relief is the only appropriate or sufficient remedy.
  5. Any typographical errors or omissions in receipts, invoices, or other documents made by the Company shall be corrected without any liability whatsoever.
  6. These Terms constitute the complete and entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, communications and agreements, whether oral or written, between the parties with respect to such subject matter.
  7. The Company may transfer part or all of its rights and obligations to a third party at any time.
  8. No joint venture, partnership, employment, or agency relationship exists between the Users and the Company or any third party as a result of these Terms or use of the SMP Portal.
  9. The Company reserves the right, in whole or in part, for any failure to perform its obligations under these Terms (or any part thereof), errors, interruptions, delays, or inaccuracies, unreliability or non-conformity of the contents of the SMP Portal. The Company shall not be responsible for any event or failure that is beyond the Company’s reasonable control.
  10. The Users agree that the Company has the right to immediately terminate this Agreement if the Users is found to have violated any of the provisions set forth in this Agreement. Furthermore, upon termination of these Terms, the Company shall not be required to compensate, reimburse, or bear any costs incurred by the Users as a result of using the Video Game.

Effective as of September 1, 2024

DMM Crypto Co., Ltd.