In using the “CoinTip” service provided by Ceres Inc., customers must fully understand and agree to the contents of these Terms. Only customers who have agreed to these Terms and acquired the membership may receive the Service under these Terms.
(1)The “Service” refers to the CoinTip service whereby the Member may transfer Bitcoins, which such Member has deposited with the Company, to any other user who has an account with a specified Third Party Site such as Twitter.
(2)A ”Third Party Site“ refers to a specified website, service platform, or application operated by a third party, which the Company utilizes in order to provide the Service.
(3)A “Member” refers to a customer who has, upon agreeing to the contents of these Terms, registered for a membership and has been accepted by the Company to become a Member.
(4)A “Membership Applicant” refers to a customer who applies for a membership for the Service in order to use the Service.
(5)“Tip” refers to a certain amount of Bitcoins that a Member asks the Company to transfer to a user who controls an account at a specified Third Party Site. Additionally, the maximum aggregate amount of Tip allowed for a Member to make a request to transfer per day shall be 500 mBTC.
(6)A “Recipient User” refers to a user who controls an account at a Third Party Site and who the transferring Member designates as a recipient when the Member makes a request for transfer of a Tip.
(7)“My Account” refers to a Member account which the Company establishes for each Member so that such Member may deposit Bitcoins to be used as a Tip.
(8)“BTC Charge” refers to an action of depositing Bitcoins to My Account.
(9)“BTC Withdrawal” refers to a transfer of Bitcoins from My Account to a Bitcoin Wallet which exists outside the Service.
(10)“1 BTC” refers to one (1) Bitcoin, and “1 mBTC” refers to 0.001 Bitcoin.
(11)“Anti-social Forces” refers to an organized crime group (boryokudan), a member of boryokudan, a person for whom five (5) years has not elapsed since he/she ceased to be a member of boryokudan, a quasi-member of boryokudan, a corporate racketeer (sokaiya), etc.
A Membership Applicant shall make an application for membership registration for the Service by submitting a request in his/her own account with the relevant Third Party Site to authorize the Service to access or connect to the relevant Third Party Site. At the time the Company has approved the membership of the Membership Applicant who applied for the membership registration, such Membership Applicant shall become a Member. Additionally, in order to acquire a membership for the Service and use the Service, the Member must have an account with the relevant Third Party Site.
A Membership Applicant shall make an application for membership registration under the preceding Article upon giving his/her consent to these Terms. When a customer has completed the membership registration and uses the Service, such customer shall be deemed to have given his/her consent to these Terms.
The Company may not approve a membership for a Membership Applicant for the Service if he/she falls under any of the categories set forth below. Furthermore, even after the approval has been given, if it turns out that the Member falls under any of the categories set forth below, the Company may suspend or cancel the membership. Even where the Company does not approve the membership for a Membership Applicant or suspends or cancels the membership, the Company shall not be obligated to disclose the reason therefor to the Membership Applicant. Furthermore, even if any Membership Applicant or Member suffers damage (including attorneys’ expenses; the same shall apply hereinafter) due to the disapproval or cancellation of the membership by the Company for any of the reasons set forth in the items below, the Company shall not be held liable in any way.
(i)When the Membership Applicant is fictitious;
(ii)When the Membership Applicant is under the age of twelve (12);
(iii)When the membership application contains any false information, erroneous information, omission, input error, etc.;
(iv)When the Membership Applicant is a person of limited capacity such as a minor and has not, at the time of making the membership application, obtained the consent of a statutory representative, etc., with regard to the membership for the Service;
(v)When a membership application is made by using personal information of another person or fictitious personal information;
(vi)When the Membership Applicant falls under the category of Anti-social Forces;
(vii)When, at the time of making the membership application, the Membership Applicant‘s membership is suspended, for instance, due to a breach of these Terms, or the Membership Applicant’s membership was cancelled in the past, for instance, due to a breach of these Terms; or
(viii)When the Company otherwise considers inappropriate.
(1)The Company shall use information pertaining to Members, which the Company collects in relation to the Service, solely for the following purposes:
●to contact Members in order to respond to their inquiry or to send informational materials; and
●to provide the Company’s customer services.
(2)If any personally-identifiable information is included in the Member information, the Company shall not disclose such information to a third party without obtaining the consent of the person to whom such information pertains; provided that the foregoing shall not apply if the disclosure of any Member information is requested, for a legitimate reason, by a court, public prosecutor, police, bar association, consumer center, or any other institution with the authority similar to that of the foregoing, or if such disclosure is otherwise required under laws and regulations.
(3)Each Member agrees that, if the Company determines that the Member took any harmful act against the Company or a relevant third party, then the Company may provide to the police and any appropriate institution the relevant Member information pertaining to such Member.
No Member may lend, transfer, or pledge his/her membership and the Member status in respect of the Service to any individual or entity. If such action is taken in violation of this Article and either the Member or a third party suffers damage as a result, the Company shall not be held liable in any way. Additionally, if the Company or a third party suffers damage due to such action, the breaching Member shall compensate for the entire damages.
If the Company determines that any Member falls under any of the categories set forth below, the Company may suspend or cancel the membership of such Member without giving prior notice. Additionally, if the Company or a third party suffers damage due to such suspension or cancellation of the membership, such Member shall compensate for the entire damages.
(i)When the Member alters, without obtaining the Company’s consent, any information provided by the Company through the Service;
(ii)When the Member interferes with the operation of the Service;
(iii)When the Member uses the Service or causes any other Member or a third party to use the Service for any wrongful purpose;
(iv)When the Member or a third party affiliated with such Member commits or is likely to commit a wrongful act;
(v)When the Member breaches any of the provisions of these Terms;
(vi)When the Member becomes subject to attachment, provisional attachment, provisional disposition, disposition due to delinquency, or compulsory execution;
(vii)When the Member falls under any of the categories of Anti-social Forces; or
(viii)When the Company considers that the Member is not suitable as a Member.
When a Member intends to make a BTC Withdrawal, the Member shall pay a certain amount of Bitcoin as a fee, and such fee shall be deducted from the amount of such BTC Withdrawal.
(1)A Member shall lose any and all rights relating to the Service (including Bitcoins deposited to the Company and existing in his/her My Account) at the time of withdrawing from the membership.
(2)A Member may withdraw from the membership for the Service at any time by taking prescribed procedures in the Member’s My Account.
(3)Any Member shall be deemed to have withdrawn from the membership upon the occurrence of any of the following events: if the membership is cancelled; if the Member dies; if the Third Party Site which has been registered by the Member as part of the Member information no longer exists; or if a petition is filed for the commencement of bankruptcy proceedings or civil rehabilitation proceedings in respect of the Member.
(4)If there is no log-in by a Member for six (6) months or more, or if no request for a Tip transfer is made by a Member for six (6) months or more, then the Member shall be deemed to have withdrawn from the membership upon the expiration of such six (6) -month period; provided that any period during which the Service was interrupted temporarily pursuant to Article 14 shall be disregarded in determining such six (6) -month period.
(1)Members may use the Service in accordance with these Terms and in such manner as separately prescribed by the Company.
(2)Members shall be solely responsible for the maintenance and management (including security measures) in respect of their own devices and facilities necessary in order to use the Service and for the management of their own user IDs and passwords for the Service and Third Party Sites. Each Member shall acknowledge, in advance and without reservation, that any and all actions taken by using his/her user ID or password shall be deemed to have been taken by such Member.
(3)Members may, upon making a BTC Charge to deposit Bitcoins with the Company, make a request for a Tip transfer to a Recipient User. When such request for the Tip transfer is made, the Company shall inform the designated account in the Third Party Site to that effect, notifying the Recipient User that the Member made the request for the Tip transfer and that the Recipient User may receive the Tip upon acquiring the membership for the Service. For clarity, the Recipient User shall not obtain any right in respect of the Tip until the Recipient User acquires the membership for the Service and receives the Tip.
(4)If the Recipient User does not acquire the membership for the Service within six (6) months from the date on which the initial notice under the preceding paragraph was made, then the Company shall acquire any and all rights in respect of such Tip; provided that any period during which the Service was interrupted temporarily pursuant to Article 14 shall be disregarded in determining such six (6) -month period.
(5)Once a Member makes a request for a Tip transfer, such request may not be retracted, withdrawn, or otherwise cancelled thereafter, and the Member may not request a return of such Tip.
(6)The Service is not a service for exchanging any currency (such as Yen) with Bitcoins. No exchange between Bitcoins and any currency can be made through the Service.
(7)The aggregate Bitcoin amount that a Member may withdraw per day through a BTC Withdrawal from his/her My Account shall be limited to 500 mBTC.
Members shall not take or cause a third party to take any of the following actions:
(i)any action that infringes or is likely to infringe any trademark right, copyright, design right, patent right, or such other intellectual property rights or any other rights of a partner company or a third party;
(ii)any action that infringes or is likely to infringe any property or privacy, publicity or other right of a third party;
(iii)any action that discriminates, defames, or harms the reputation or credibility of a third party;
(iv)any action that leads to or is likely to lead to a crime such as fraud;
(v)any action relating to obscenity, child pornography, or child abuse;
(vi)any action of creating or soliciting a pyramid scheme (nezumi-ko) or of encouraging a multilevel marketing system;
(vii)any advance election campaign activity, election campaign activity, or any activity similar to the foregoing, and any action that is in violation of the Public Offices Election Act;
(viii)any action of impersonating an existing or fictitious third person in using the Service;
(ix)any action of collecting personal information of a third party without obtaining the consent of such party or by fraudulent means;
(x)any unauthorized access to, or any other action that interferes or is likely to interfere with the use or operation of, a third party’s facilities or the facilities for the Service (where such facilities include communication facilities, computers, and other equipment and software; the same shall apply hereinafter);
(xi)any action of altering or deleting information pertaining to the Company or a third party;
(xii)any action of transmitting a harmful computer program, etc.;
(xiii)any action of sending, without permission, email to third parties for advertising, promotion, solicitation, or such other purposes; any action of sending offensive or potentially offensive email to third parties; or any action of requesting chain email to be forwarded to others and forwarding such email upon such request;
(xiv)in addition to the foregoing items, any action that is in violation of any law or regulation, these Terms, or public order or morals (such as prostitution, violence, cruelty, etc.); any action that obstructs or is likely to obstruct the operation of the Service; any action that harms or is likely to harm the Company’s credibility or that infringes or is likely to infringe the Company’s property; or any action that is harmful or potentially harmful to the interests of a third party or the Company;
(xv)any action of sending email to third parties or creating a hyperlink for the purpose of encouraging any of the actions described in the preceding items; or
(xvi)any other action which is contrary to laws or which the Company considers inappropriate.
The Company may, without giving prior notice, amend the conditions or operational rules of the Service or the content of the Service, and Members shall accept the same. Such amendment will include, without limitation, partial revision or rescission of the content of the Service. Furthermore, the Company shall not be held liable for any harm or damage suffered by any Member as a result of such modification.
If any of the events set forth below occurs, the Service may be temporarily interrupted without prior notice to Members:
(i)when any system maintenance, inspection, repair, or modification is conducted for the Service on a regular basis or in an emergency;
(ii)when it becomes difficult to provide the Service due to a fire, power outage, etc., or an act of God such as an earthquake, volcano eruption, flood, or tsunami;
(iii)when it becomes impossible to provide the Service due to war, social disturbance, riot, military conflict, labor dispute, etc.;
(iv)when it becomes impossible to provide the Service due to a third party’s action which is destructive or obstructive to the system of the Service (including alteration or destruction of data or source code); or
(v)when the Company otherwise determines that the temporary interruption or suspension of the Service is necessary.
The Company makes no warranty whatsoever for the merchantability, fitness for a particular purpose, authority, legality, safety, or accuracy, etc., with regard to the information regarding the Service or any and all other information to be provided by the Company.
The Company may terminate all or part of the Service to Members by way of making an announcement on the site of the Service by giving a reasonable period for dissemination. If the Service is terminated upon giving such announcement, the Company shall not be liable to compensate or indemnify any Member for any damage, loss, or other cost incurred as a result of such termination of the Service.
(1)The Company shall not be liable for any damage arising in relation to the use of the Service by a Member or for any damage caused to the Member or a third party (including any Recipient User) as a result of a deletion by the Company of information pertaining to the Member, suspension or termination of the membership, or suspension, interruption, discontinuance, etc., of the Service.
(2)If these Terms constitute a consumer contract under Article 2, Paragraph 3, of the Consumer Contract Act of Japan, those provisions of these Terms that completely excuse the Company from the liability for damages shall become inapplicable. In such event, the Company shall be liable for damages only to the extent of direct damages as actually suffered by the relevant Member only where such Member suffers the damage due to the Company’s willfulness or gross negligence.
(3)If any Member causes damage to any other Member or a third party (including any Recipient User) in relation to the Service, the Company may claim reasonable damage compensation against the Member who caused such damage.
(4)If any trouble, damage, etc., occurs due to a Member’s failure to manage his/her user ID or password properly, then such Member shall handle and resolve such matter at his/her own responsibility, and the Company shall not be held liable for such matter in any way.
(5)The Company does not warrant that the Service is free from an error, bug, logical error, failure, interruption, or any other defect, and that no computer virus or other harmful information is contained in the Service; and the Company does not warrant the accuracy, reliability, completeness, validity, legality, fitness for a particular purpose, etc., with regard to the Service.
(6)Each Member shall be responsible for handling and resolving any matter such as any loss resulting from his/her own fault (such as his/her misunderstanding as to how to use the Service or his/her incorrect operation in using the Service), any use of the Service in violation of these Terms, any trouble between the Member and any other Member or a third party (including any Recipient User), and the Company shall not be held liable for such matter in any way.
(7)The value of Bitcoin fluctuates at all times, and various risks may arise due to unforeseeable regulatory restrictions or a change in global circumstances. Members shall use the Service upon understanding in advance the risks inherent to Bitcoin as described in the respective items below. The Company shall not guarantee the value or future prospects of Bitcoin in any way. Furthermore, the Company shall not be held liable for any loss suffered by a Member or a third party (including any Recipient User) due to a defect with the Bitcoin protocol.
(i)The use of Bitcoin may become subject to a restriction, etc., to be imposed pursuant to the government policy, etc. In such event, the Company shall take appropriate measures in accordance with any guidance given by the authority or pursuant to relevant laws and regulations, etc.
(ii)The continuous operation of Bitcoin itself could become difficult if the unique system of Bitcoin is changed or suspended or otherwise fails.
(iii)The value of Bitcoin could fluctuate due to competition with another virtual currency or financial scheme, etc.
(iv)Bitcoin could have a latent defect, a flaw in terms of aspects such as scalability and robustness, and any other uncertainty.
(8)Each Member shall, at his/her own responsibility and expense, ascertain whether the use of the Service is not in violation of any law or regulation applicable to the Member or internal regulations of trade organizations, among other things, and the Company does not warrant that the use of the Service is not in violation of any law or regulation applicable to the Member or internal regulations of trade organizations, among other things.
(9)The Company makes no warranty as to the tax treatment relating to the use of the Service. Each Member is encouraged to consult his/her own tax advisor as to the tax treatment and related measures.
(1)Any individual rules and additional rules which the Company will post on its site for the Service or publish in any other way shall constitute part of these Terms. Furthermore, if there is any inconsistency between the provisions of these Terms and the provisions of such individual rules and additional rules, the provisions of such individual rules and additional rules shall prevail.
(2)The Company may, without obtaining the consent of any Member, amend these Terms at any time, and thereupon the amended Membership Terms shall constitute the conditions for use of the Service. The amended Membership Terms shall take effect when such Terms are posted for the Service unless otherwise provided by the Company.
(3)If any Member does not accept the Service or the content of the Terms as amended, such Member may withdraw from the membership for the Service.
(4)If any Member uses the Service after the amended terms and conditions are posted by the Company pursuant to Paragraph (2) above, then such Member shall be deemed to have accepted the Service or these Terms as amended.
(1)Any Member who causes damage to any other Member or a third party by using the Service shall resolve such matter at his/her own responsibility and expense and shall hold the Company harmless.
(2)If any Member causes damage to the Company or a participating site by taking any action in violation of these Terms or any tortious or illegal action, then the Company may seek damages against such Member.
The Service and these Terms shall be governed by the laws of Japan.
It is agreed that, if any need for a lawsuit arises between the Company and any Member, the district court which has jurisdiction over the location of the principal office of the Company shall have exclusive jurisdiction over such lawsuit.