Terms of Service
The Terms of Service define the conditions of use of the services provided by Sunshare Ltd (hereinafter referred to as the “Company”). Members of Buynet (hereinafter referred to as “Buynet members” ) who have accepted the Terms of Service may use our services.
Article 1 ABOUT BUYNET MEMBERSHIP
① A Buynet member is, an individual or a corporation, who has accepted the Terms of Service, before accessing the URL defined by Sunshare Ltd ( hereinafter referred to as the “Company” ) via internet connection , applied for our membership and been approved by the Company for the purpose of using our NFT (Non-Fungible Token) auction services and digital marketplace platforms selling digital items ( hereinafter collectively referred to as the “Service”) .
② Based on the Terms of Use, Buynet members may sell merchandises, intangible assets, tangible assets, digital rights, digital content or any other services ( hereinafter referred to collectively as “merchandises” ) , enter bids to other auctioned merchandises or bid for and purchase merchandises.
③ Buynet members may not let a third party use ( or operate) , or lend, transfer, resale, buy and sell, or pawn their membership(s) ( or account) to a third party.
④ Any rights including copyrights concerning the Service is attributed to the Company or any specified third party.
⑤ Buynet members may not reprint, duplicate, modify, accumulate or transfer the Service without the Company’s consent.
Article 2 CHANGE OF THE BUYNET TERMS OF USE
The Company may modify the content of the Terms of Use according to the article 548-4 of the Civil Code when said modification does not defy the purposes of any contract based on the Terms of Use, also when the necessity and suitability of said modification is deemed reasonable. Any change of rate occurring after the modifications of the Terms will be based upon the modified Terms of Use.
Article 3 THE COMPANY’S ROLE
① The Company provides the place where the sales contract for the sell and buy of merchandises can take place but is not an interested party of said sales contracts.
② The company bears no responsibility concerning any aspects of merchandises submitted to our services. All users are responsible of their own transactions.
③ The company bears no responsibility concerning anything about sellers, bidders and successful bidders. Everything is done under self-responsibility.
④ The company bears no responsibility about any kind of troubles among sellers, bidders and successful bidders or any third party. Therefore we suggest that in case of any conflict, the interested parties try to resolve the problem among themselves, and if not, that their resolve said troubles by lawsuits.
⑤ The company does not guarantee the ownership of any auctioned merchandise. It also does not involved in the completion of the transactions.
Article 4 REGISTRATION TO OUR SITE
① Buynet users will register the general conditions of membership having understood and agreed with the Terms of Service. The Company declines any responsibility about any troubles caused by any deficiency or mistake contained in the informations members provide when applying for membership.
② Those under the age of 18 may not apply for membership.
③ Users who cannot provide the Company with their e-mail address or mobile phone number may not apply for membership unless the Company gives them a special approval.
Article 5 MANAGING OF THE ACCOUNT
① Buynet members must manage under their own responsibility the password provided by the Company.
② Buynet members may not let a third party operate, lend, transfer, resale, buy or sell, pawn their mobile phone or password.
③ Once a Buynet member has entered his password, he will be able to access to auctions, biddings, any merchandise sales or purchases without entering his code again. Therefore, he must never let a third party operate on, lend, transfer, buy and sell or pawn any device he has entered his password with before.
④ The Company declines any responsiblity for any results of illegal transactions made on a device managed inadequately or subject to misuse. The responsibility of such a situation will be held to the Buynet member in question.
⑤ When Buynet members has any reason to believe that their password has been compromised to a third party, or that the device used to enter his password may be used by a third party, or that a third party may be using his password or his mobile phone, they must notify the Company at once and follow its instructions.
⑥ Buynet members must change periodically their passwords for security measure. The Company declines any responsibility if a member is subject to damages due to the absence of such measures .
⑦ Buynet members will be held responsible in case that the Company or a third party suffer economic loss due to an illegal access to said Buynet members account.
⑧ The Company may hold a Buynet member responsible for any misuse of his account information and attribute the responsibility of any damage to the Buynet member identified by said account.
⑨ The Company declines any responsibility in case of an illegal disclosure of information or any liabilities caused by the misuse by a third party. The responsibility will be attributed entirely to the Buynet member identified by the user ID and password entered to access his account.
Article 6 MANAGING OF AUCTIONS
① Only Buynet members approved by the Company may place their bids to auctions.
② Sellers must specify the termination time of each auction bidding. Bidders must specify the bidding price of each merchandise. The highest bidder who enters his bid before the time of termination will be the successful bidder. In case more than one bidder enters the highest price, the earliest bidder will be the successful bidder. The seller may cancel the highest bid at a specifc point in time , following the Company methods before the specified time of termination of said auction.
③ Sellers may set a prompt decision price. When a prompt decision price has been set and a bidder entered a higher price than the prompt decision price, said bidder will be the successful bidder before the specified time of termination of the auction, the prompt decision price will be the contract price. The auction will end when all the successful bidders have been decided, even before the specified time of termination.
④ Sellers may use the automatic relisting function, within the number of times he had pre-selected following the Company predetermined methods. When the automatic relisting function is activated and no successful bid has been placed, the merchandise will be relisted following the Company ‘s methods
⑤ Sellers may use the early termination function they set at the time of listing, following the Company’s methods. When the early termination function is activated, sellers may terminate the auction before the preset time of termination, within range of time prescribed by the Company.
⑥ Sellers may register specific bidders or bid applicants to a blacklist followingthe methods prescribed by the Company and thereby refuse bids or questions by bidders or bid applicants listed on said list.
Article 7 LISTING OF MERCHANDISE
① Sellers may cancel a listing until the sales contract is established. Sellers may not cancel nor call off a sales contract. Sellers may not, under any circumstances, claim an established contract invalid or cancelled.
② Sellers may not list illegal goods to the Service.
③ If sellers list merchandises against this Terms of Use, or if the Company holds serious reasons to suspect that a merchandise has been listed without the intention of establishing a sales contract, or if the Company has any reason to suspect any other forms of fraud on the seller’s account, the Company may order the termination, the cancellation or the annulment of said listing without previous note.
④ The Company may limit the price of listings or the number of listings following its own judgement. The Company will not be held responsible in case of loss due to said limits.
⑤ The Company forbids the listing of the following objects:
(1)Stimulant drugs, narcotics, cannabis, opium, poisons, deleterious substances, guns, swords, any other kinds of weapons, explosives, chemical weapons, toxic substances, sarin gas, obsene materials, child pornography, adult goods, adult games, softwares containing computer viruses, pharmaceuticals, human bodies or human body parts, personal information, prohibited animals or any kinds of goods against the laws, any goods which transactions are illegal, inappropriate goods, any goods related in any way to be against public decency.
(2)Merchandise obtained by prostitution, child prostitution, gambling, lottery, pyramid schemes, multilevel marketing schemes, counterfeit currency, theft, robbery, scam, blackmailing, embezzlement, breach of trust, or any other crime.
⑥ Sellers must explain in detail, the full description of marchandises and the conditions of sales.
⑦ Sellers are held accountable for the explanation of the merchandise they are listing.。
⑧ Business persons who sell merchandises at auctions must respect the terms of Specified Commercial Transaction Law, The Unfair prizes and Unfair Display Prevention Law, or any other instructions or guidance given by their regulatory agency.
Article 8 BUYING MERCHANDISE
① Buyers will purchase auctioned merchandises at the bidding & sale price indicated on the Service. Sellers may not cancel ,annul or call off or claim invalid the sales contract once the contract has been duly established.
② The sales contract will be established when the buyer starts purchase procedures.
③ The price of the bids and the number of purchases may be limited by the Company. The Company declines any responsibility regarding any loss caused by said limitations.
Article 9 AUCTION BIDDINGS
① Bidders will place their bids following the Company methods.
② The bid will not be valid until the information about the bidding is made available before the auction termination time.
③ The auction termination time is defined by the Company.
④ When a bid is successful, the bidder must purchase the merchandise at the bidded price .
⑤ Sellers may not place bids for their own merchandises.
⑥ Minors may not place bids at auctions.
⑦ If a bidder places a bid without the will to purchase the merchandise, the Company will cancel the bid and claim it invalid.
Article 10 SUCCESSFUL BIDDINGS
① The Company will decide the successful bidder and report to both the seller and the bidder that the successful bidder has been decided. The Company will also communicate the e-mail address, name, corporation name, address, phone number, the representative’s name, the name of the person in charge, according to the Company methods.
② The successful bidder is to buy the merchandise at the bidded price The successful bidder will have the obligation to purchase the merchandise without any negociations.
③ Sellers are to sell the merchandise to the successful bidder at the successfully bidded price.
④ Sellers and bidders may cancel the sales contract with the Company approval, if the successful bidder does not contact the seller during a specified period of time.
⑤ The interested party who has acquired the Company’s approval to cancel a sales contract, may establish buy and sales contracts.
Article11 PAYMENT OF MEMBERSHIP FEE
① Buynet members must pay a membership fee defined by the Company. The membership fee must be paid under any circumstances.
② Sellers will receive the commodity price by the payment methods established by the Company.
③ A Buynet member who has neglected to pay his membership fee, at due date, will not be allowed to list a new merchandise or place bids.
④ Buynet members must pay a delay damage fee to the Company with an interest of 14.6% if his membership fee payment is delayed.
Article12 COMMENT INFORMATION
① Comment information by Buynet members are all of the comments Buynet members enter on the Site managed by the Company containing information about listings, feebacks or e-mails about auctions. Buynet members will be held responsible for their own comments and their content. Buynet members may not enter comments containing information cited below:
information that is not true, comments in nature of harming other people’s honor or credibility, obsene expressions or nude images; statements that violate patent rights, utility model rights, design rights, trademarks, copyrights, right image or any of other people’s rights; computer viruses, murder announcements, ideas contrary to public order and morals, illegal statements, URL or links to sites managed by other companies ( unless the Company agrees to it ) or any other inappropriate comments.
② The Company may delete any Buynet member comment when deemed to be against the Termes of Use or inappropriate in any way.
③ The Company may duplicate (charge free) and use comment information in any way, or let affiliate companies use the comments about listing information and feedbacks.
Article13 PAYMENT OF COMMODITY PRICE
① Sellers will receive payments by the buyers through methods determined by the Company (the Company payment system or external payment system).
② When a sales contract is established, buyers will pay the commodity price through the payment system determined by the Company.
③ Sellers will pay to the Company, the commission determined to be paid when the sellers have fulfilled their duties regarding the sales contract, by the method determined by the Company.
The transfer fee charged upon the the commodity price when the Company transfers the commodity fee to the seller, is determined by the Company and will be charged to the seller.
Article14 VIOLATION OF THE MEMBERSHIP AGREEMENT
① When the Terms of Use is violated.
② When comments posted by Buynet members does not fill the standards determined by the Company.
③ When Buynet members enter a bid with no intention of purchasing the merchandise.
④ When Buynet members’ behavior causes any annoyance to other members or to the Company.
⑤ When Buynet members enter false information when applying for membership.
⑥ When the Company or a settlement operator has strong reasons to believe that Buynet members ( when said member is a corporate, employees and board members will be included) belong to or are associated with , at the moment or within the past five years, with gang organisations, antisocial forces and any related organisations, antisocial individuals, or any other organization of the same kind ( hereinafter referred to as “ antisocial forces”)
using antisocial forces and any kind of said organisations or individuals, and any association, organisations ( hereinafter referred to as “antisocial forces”)
⑦ When the Company or a settlement operator has strong reasons to believe that Buynet members ( when said member is a corporate, employees and board members will be included) are using illegally antisocial forces, are funding or accommodating, or associating with antisocial forces.
⑧ Any acts going against the Law or social public decency or deemed to be so.行為
⑨ Any acts violating or considered to be potentially violating copyright, trademark, patent right or any other kinds of intellectual property right, or any other violating acts.
⑩ Any acts of damage or any attempt of damage to the server or the network owned by the Company or a third party ( including Buynet membership users).
⑪ Any act of hindrance to the services provided by the Company.
⑫ Any illegal access, misuse of a third party account, or any attempt to it.
⑬ Any illegal acts that will result in the illegal raise of the prices.
⑭ Any act causing to Buynet members or a third party ( including Buynet membership users) any kind of disadvange, financial damage, or any act causing discomfort .
⑮ Any kind of impersonation of Buynet members.
⑯ Any act aiming to collect or accumulate Buynet members’ personal information.
⑰ Any kind of promotion,advertising,solicitation or sales inside the Buynet site.
⑱ Any act of rewarding directly or indirectly or associating with any kind of antisocial forces.
⑲ Any act of using the Service with a different objective.
⑳ To use the Service through various accounts.
㉑ Any act or behavior the Company would deem inappropriate.
Article15 CONDITIONS OF THE SERVICE
① The Company may interrupt or modify the Service by maintenance inspection or update maintenance, without warnings.
② The communication means needed to use the Service is to be provided by the Buynet member at his expense and responsibility.
③ If the Service shuts down due to system errors during an auction, the termination time may be extended to the time set by the Company.
④ The Company may decide to suspend temporarily the Service due to earth quakes, lightning strikes, fires, power outage or any other Force majeure.
⑤ The Service may be suspended when all or part of the services provided by other companies ( the NFT marketplace ) have been partially or totally suspended or terminated.
⑥ The System may suspend the Service when any service systems or communication lines are suspended due to an accident or any kind of hacking.
⑦ The Company may suspend the Service when it deems that it can no longer be provided.
⑧ The Company may abolish the Service at its own convenience.。
Article16 DISCLAIMER
① The Company declines any responsibilities about anything concerning merchandises listed to the Service.
② The Company declines any responsibilities about anything concerning sellers, bidders and successful bidders.
③ The Company declines any responsibilities when using the Service touches internal or external law.
④ When a Buynet member causes damage to other Buynet members or a third party by using the Service, said member will not cause any annoyance or damage to the Company.
⑤ The Company declines any responsibilities about any damages caused to users due to any default or tort caused by the Company’s negligence.
⑥ The Company declines any responsibilities about any damages caused by any changing, suspending or termination of the Service.
⑦ The Company declines any responsibilities nor involvment about users’ usage environment.
⑧ The Company does not guarantee that all devices can match the Service.
⑨ Users have agreed in advanced that the Site may present motion defect.
⑩ Users have agreed in advanced that all or part of the Service may be limited when online service stores like AppStore, GooglePlay or any other stores modify their terms of use or operation policies.
⑪ The Company declines any liability about any direct or indirect damages brought to Buynet members by using the Service.
⑫ The Company declines any responsibilities about any damage caused by loss of opportunity, business interruption or any other damage brought to Buynet members or a third party.
⑬ The Company does not guarantee the duration or the lack of defects of our products.
⑭ The Company declines any responsibilities about any conflicts or troubles between Buynet members or a third party. Troubles or conflicts must be resolved by the interested parties and may not result in demands to the Company.
⑮ If a third party files a compensation claim against the Company , the responsible Buynet members will pay at their own expense ( attorney’s fees and court costs) to solve the conflict In case the Company has to pay the compensation , the user will pay back to the Company the whole amount paid to the
Article17 CHANGING OF REGISTRATION ITEMS, WITHDRAWAL, PAUSE
① Buynet members must report promptly any change in their registration items. In the absence of said report, impediments may occur with listings, bidding and successful bidding or money withdrawal.
② Buynet members are to report promptly of change of e-mail address. In the absence of said report, they may not be able to list, bid, bid successfully ot withdraw money.
③ Buynet members may cancel or suspend their membership by procedures prescribed by the Company.
Article18 NOTIFICATIONS AND CONTACTS
① Any notifications from the Company will be accounted as “duly received” by sending them to the e-mail address registered at the Company.
② Any notification from the Company that does not arrive due to the lack of due report will be considered as “duly received”, because of the lack of report.
Article19 LIMITATION OF USE AND ANNULATION OF MEMBERSHIPS
The Company may limit all or part of the Service, stop or cancel the Buynet member account in the following cases:
① In case of violation of the Terms of Use.
② In case of default of fulfillment of financial debts such as comissions.
③ In lack of reply during a certain length of time, to contacts from the Company.
④ In lack of use during a certain period of time.
⑤ When the terms article 14 “ VIOLATION OF THE MEMBERSHIP AGREEMENT” is applicable.
⑥ When the Company the use of the services provided by the Company is not deemed suitable.
Article20 GOVERNING LAWS AND COURT OF COMPETENT
JURISDICTION
① The Service and the Terms of Use are based on terms of law conformed to Japanese laws.
② The Court of competent jurisdiction in case of a lawsuit between Buynet members and the Company is the Tokyo Summary Court or the Tokyo District Court.