Brilliant crypto

Brilliantcrypto Terms and Conditions

The Brilliantcrypto Terms and Conditions (“T&Cs”) are an agreement between you (“you”, the “User”) and Brilliantcrypto, Inc. (the “Company”) and apply to your use of the Brilliantcrypto app (the “App”). For more information about the App, please refer to the App’s whitepaper (the “Whitepaper”) as well as the T&Cs. If you do not agree with the terms of the T&C’s, you are not permitted to use the App.

Chapter 1 Definitions

Article1 (Definitions)
As used in the T&Cs, the following terms shall have the following meanings.
“Brilliantcrypto Token (BRIL)” means a cryptoasset issued by the Company on the Polygon blockchain, which can be used to exchange certain Items, etc. on the App.
“Brilliant Gems” means In-Game Assets that are mined from the Mining Site and that are converted into BRIL points prior to the listing of BRIL and into BRIL after the listing of BRIL.
“BRIL Coin” means an exclusive currency that can be used within the App provided by the Company to Users; details regarding the granting and use of BRIL Coin are set forth in Article 13.
“BRIL points” means In-Game Assets, which is a unique in-game currency of the App that can be used to exchange certain Items, etc. on the App. If the country of residence declared by a User complies with the User residence restrictions, the User’s BRIL points will be converted to BRIL.
“Comments, etc.” means any and all text, characters, symbols, images, video, audio, and any other expressions created by a User on the App.
“Device” means a communications terminal such as a personal computer, smartphone, or tablet etc.
“Export” means transferring In-Game Assets or NFT Assets acquired in the App to a User’s own Wallet outside the App.
“External Market” means a marketplace outside of the App that has been approved by the Company as a marketplace where cryptoassets and NFT Assets may be transferred.
“Items, etc.” means the exclusive currency, items, and other services and benefits, etc. provided by the Company to Users for use in the App, which are not NFTs.
“Import” means to put NFT Assets obtained outside of the App into a state where it can be used within the App.
“In-Game Assets” means information (including, but not limited to, names and images of characters, Items, etc., their parameters and values, etc.) that a User can possess on an App, other than NFT Assets.
“Intellectual Property” means patents (including the right to the grant of patents), copyrights, trade secrets, trademarks, know-hows, and other items recognized as Intellectual Property in various countries and regions around the world.
“Laws” means any law, decree, statute, rule, order, notification, ordinance, guideline, or other regulation relating to the App.
“Listing” means that a User posts or transmits information on NFT Pickaxe or Loose Gems owned by that User in the SHOP, so that other Users can view such information and purchase such NFT Pickaxe or Loose Gems.
“Listing User” means a User who has listed NFT Pickaxe or Loose Gems in its possession.
“Loose Gems” means Items, etc. which are mined from the Mining Site and can be represented in the NFT as NFT Assets.
“MATIC” refers to the native cryptocurrency of Polygon which is Ethereum’s Layer 2 scaling solution.
“Mine Owner” means a User who leases his/her Pickaxe to another User in the Scholarship System.
“Mining” means a User’s actions on the App to earn Loose Gems or Brilliant Gems.
“Mining Site” means an area within the App where a User can perform Mining using Pickaxe.
“NFT” means a non-fungible token, which is a digital asset using blockchain technology.
“NFT Assets” means an NFT representing any of the Pickaxe, Loose Gems, and Items, etc. on the App, which may only be used in the manner permitted by the T&Cs.
“Pickaxe” means NFT Assets or Non-NFT Assets that is required for Mining the Mining Site.
Specifically, NFT Pickaxes are divided into BRIL Pickaxes, which can only be acquired in exchange for BRIL, BRIL point Pickaxes, which can only be acquired in exchange for BRIL points, and MATIC Pickaxes, which can only be acquired in exchange for MATIC (collectively referred to as “NFT Pickaxe” in the T&Cs). Pickaxes that are Non-NFT Assets cannot be Listed, NFTed, or Exported, and, in addition, their scope of use may be more limited than that of NFT Pickaxes.
“Scholar” means, in the Scholarship System, a User who borrows a Pickaxe lent by the Mine Owner to Mine a Mining Site.
“Scholarship System” means the system of lending a User’s Pickaxe to other Users, as defined in Article 11.
“SHOP” means the marketplace within the App where you can purchase and sell NFT Pickaxe or Loose Gems.
“User” means any individual not located or residing in the United States of America who registers as a user of the App in accordance with the T&Cs.
“Wallet” means the functionality that allows Users to hold and manage NFT Assets, or a service that provides such functionality and is recognized by the Company.

Chapter 2 Use of the App

Article2 (Terms of Use)
1.The App is not intended for Users in the United States, and Users located in the United States are specifically prohibited from using the App and/or otherwise accessing Brilliantcrypto crypto assets. Every User must confirm it is not located in and/or does not reside in the United States when it registers as a User. Company may, but shall not be obligated to, confirm the accuracy of any User registration information or the location of the User.
2.A User shall download and install the App on the User’s own Device at the User’s own risk.
3.A User shall be responsible for the preparation and cost of Devices, communication lines, etc. necessary to use the App.
4.The Company may set, construct, change, etc. the specifications, rules, design, audiovisual expression and effects, parameters, scenarios, and all other matters of the App, including the App itself, at its discretion.
5.The Company may use Comments, etc. (if applicable) for the purpose of operating the App and advertising of the Company.
Article3 (Registration)
A person who wishes to use the App (the “Prospective User”) shall register to use the App with the Company after confirming and understanding the contents of T&Cs, the Whitepaper, and other guidelines prescribed by the Company, agreeing to comply with the same, and representing and warranting the following items. Upon completion of the registration by the Prospective User, the Prospective User shall be deemed to have represented and warranted to the Company the following items (in addition to acceptance of and compliance with the T&Cs).
(1)All information provided to the Company is true and accurate.
(2)The Prospective User is not a minor.
(3)The Prospective User is not located in the United States, the French Republic, the Kingdom of Thailand, Malaysia, the Republic of India, the Republic of Korea, the Republic of the Philippines, the Republic of Singapore or other jurisdiction prohibited by the Company.
(4)The Prospective User is not a part of the antisocial forces, etc. (i.e., organized crime groups, organized crime group members, persons for whom five years have not elapsed since they ceased to be a member of an organized crime group, quasi-constituents of organized crime groups, companies affiliated with organized crime groups, corporate extortionist, persons who may engage in violent and unlawful acts, etc. for illicit gain under the guise of or in the guise of social or political activities, organized crime groups with special intelligence, right-wing organizations, and other similar groups), and has not engaged in any interaction or involvement with antisocial forces etc., such as cooperating or participating in the maintenance, operation, or management of antisocial forces, etc., through the provision of funds or otherwise.
(5)The Prospective User is not associated, directly or indirectly, with any of the following;
(a)Countries and regions subject to regulations by the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury.
(b)Companies and individuals involved in the proliferation of weapons of mass destruction, drug trafficking, and terrorist activities, and international criminal organizations designated by OFAC as economic sanction targets (for the avoidance of doubt, this includes, but is not limited to, “Specially Designated Nationals” (SDN), “Foreign Sanctions Evaders” (FSE), etc.).
(c)Regulated transactions by OFAC (i.e., transactions subject to secondary sanctions, such as transactions with sanctioned parties not involving U.S. elements, such as U.S. companies).
(6)The Prospective User is not associated with a country, region, individual or organization that is restricted from conducting certain transactions due to economic sanctions, etc. in accordance with the Laws concerning foreign exchange and foreign trade in the country or region in which the Prospective User resides.
(7)The Prospective User is not a person who has violated a contract with the Company in the past or related to a person who has violated a contract with the Company in the past.
(8)The Prospective User has not been subjected to any measures, dispositions, etc. as stipulated in Article 24.
Article4 (License to Use)
The Company grants a User a non-exclusive, non-transferable, and non-sublicensable right to use the App (including patches and updates) for the User’s own personal, non-commercial use only, in accordance with the T&Cs.
Article5(Change of Registered Information)
A User shall notify the Company without delay of any change in its registration information in the manner prescribed by the Company.
Article6(Account Management)
1.A User shall, at its own responsibility, properly manage and store its password and User ID for the App and shall not allow any third party to use, lend, transfer, change the name of, sell, etc. such password and/or User ID.
2.The Company will consider all actions taken using a User’s account to be the actions of that User, regardless of who the actual user is, and User shall be responsible for all actions taken using its account.
3.In the event that a User discovers that his/her account has been lost, leaked, stolen, used by a third party, etc. (excluding the authorized use of Pickaxe by a third party under the Scholarship System set forth in Article 11), the User shall promptly notify the Company to that effect and take necessary measures to avoid unauthorized use, etc. in accordance with the Company’s instructions. In such case, the Company may take such measures in connection with the User’s account as the Company reasonably deems necessary to avoid any unauthorized use, etc.
4.A User shall be responsible for any damage caused by inadequate management, error in use, or use by a third party of his/her password or User ID.
Article7 (Pickaxe)
1.A User must obtain a Pickaxe for Mining. The User may, at his/her own expense and responsibility, obtain a Pickaxe from the Company in the App by receiving a grant (including purchase) or by any other method prescribed by the Company.
2.An NFT Pickaxe is stored in a Wallet owned or controlled by the Company during use within the App. A User may not transfer the NFT Pickaxe to a Wallet owned or controlled by the User as long as the User uses it within the App; provided, however, if the User Exports an NFT Pickaxe (limited to the NFT Pickaxe designated by the Company), the NFT Pickaxe will be transferred to the User’s Wallet.
Article8(In-Game Asset)
1.A User may use In-Game Assets within the App in a manner prescribed by the Company. The Company shall separately determine the method of use and available uses of In-Game Assets; provided, however, that this shall not apply to In-Game Assets that have been generated or displayed in an inappropriate manner, such as data tampering or use of unauthorized tools.
2.A transferee User to whom an In-Game Asset is transferred through a method approved by the T&Cs may use the In-Game Asset on the App; provided, however, the copyright and other Intellectual Property is not transferred to the transferee User.
3.If an In-Game Asset is transferred in a manner other than that prescribed by the Company, the Company may take measures to suspend the use of such asset or take other necessary measures.
4.If any dispute arises between a User and any third party other than the Company regarding an In-Game Asset, the User shall, at User’s own expense and responsibility, attempt to resolve such dispute with such third party.
Article9（Wallet）
1.A User may create a Wallet (“Section 1-Wallet”) to be used within the App in the manner designated by the Company. The functions on the App that the User can use with Section 1-Wallet shall be determined separately by the Company.
2.In addition to the preceding section, by linking a Wallet owned or managed by the User (except Section 1-Wallet, hereinafter referred to as “Section 2-Wallet”) with the App through a method designated by the Company, the User may use such Wallet to the extent separately determined by the Company.
3.In either of the two sections above, the User shall retain the private key or seed phrase for his/her Wallet at the User’s own risk and expense, and the Company shall not retain such private key or seed phrase. The Company shall not be responsible for any damage incurred by the User due to loss, leakage, etc. of the private key or seed phrase.
Article10 （In-Game Reward）
1.The Company may, in the Company’s reasonable discretion and to the extent not contrary to the Laws, grant an In-Game Asset prescribed by the Company to a User’s account if the User uses the App and meets the conditions separately set by the Company (such In-Game Asset granted under this Article is hereinafter referred to as an “In-Game Reward”). For the avoidance of doubt, this does not create an employment relationship between the User and the Company.
2.The Company may clearly indicate all or part of the conditions for earning In-Game Reward set forth in the preceding section on the App; provided, however, the Company is not obligated to do so in any case. Even if the Company clearly indicates such conditions for earning the In-Game Reward, the Company reserves the right to change the said conditions to the extent that such change does not violate the Laws, and a User shall not object to such change.
3.The Company may clearly indicate the contents of the In-Game Reward to a User on the App; provided, however, the Company is not obligated to do so in any case. Even if the Company clearly indicates the contents of such In-Game Reward, the Company reserves the right to change the said contents to the extent that such change does not violate the Laws, and the Company does not guarantee that such In-Game Reward will be granted to the User, and the User shall not object thereto.
4.A part of the In-Game Reward may be represented on the NFT in the manner prescribed by the Company.
Article11（Scholarship System）
1.As a Mine Owner, a User may lend his/her Pickaxe to another User and entrust Mining operations to such other User on his/her behalf, and such other User may borrow the Mine Owner’s Pickaxe as a Scholar and entrusted with Mining operations by the Mine Owner.
2.A Mine Owner may allow a Scholar to use his/her Pickaxe and to mine only at the Mining Site secured by the Mine Owner in accordance with the T&Cs, rules, etc. separately set forth by the Company.
3.A Scholar may use the Scholarship System free of charge. A Scholar may mine under the Scholarship System in accordance with the T&Cs and rules separately set forth by the Company.
4.In the case where the Scholarship System is used, the Loose Gems excavated shall belong to the Mine Owner, and the Brilliant Gems excavated shall belong to the Mine Owner and each Scholar according to the ratio prescribed by the Mine Owner and the rules separately set forth by the Company.
5.A Mine Owner may not use the Pickaxe for its own Mining during the period of a Scholar’s use of such Pickaxe. The Mine Owner may not dispose of the Pickaxe in any way (including, but not limited to, sale, exchange, or Export).
6.A Mine Owner may, at its own discretion, repair or upgrade the Pickaxe as prescribed by the Company during the period of use of such Pickaxe by a Scholar. In this case, the Scholar using such Pickaxe shall not object to the Mine Owner’s repair or upgrade of the Pickaxe.
7.A Scholar may not upgrade or dispose of any Pickaxe borrowed through the Scholarship System.
8.The Company will not be involved in any way in the use of the Scholarship System between Users or in the results of playing the App by a Scholar, and the Users shall deal with such issues at their own responsibility and expense. In the event that any such dispute arises between Users, the dispute shall be resolved between the relevant Users, and the Company shall not be responsible for any such dispute.
Article12 （BRIL, MATIC, and BRIL point）
1.A User may obtain BRIL or BRIL points by the conversion of Brilliant Gems mined from the Mining Site as determined by the Company. The quantity of BRIL or BRIL points to be converted to Brilliant Gems shall be determined by the Company in its sole discretion to the extent not contrary to the Laws. The User may not dispute the Company’s determination of the quantity of BRIL or BRIL points to be converted to Brilliant Gems, which may be determined by the Company in its sole discretion, provided that such determination is not contrary to the Laws.
2.A User may receive Items, etc. by paying BRIL or MATIC to the Company or by using BRIL points, as separately determined by the Company.
3.A User may not purchase, sell, or exchange cryptoassets with the Company or any other User on the App.
4.If the Company imposes certain restrictions on the use of BRIL, MATIC, or BRIL point, a User shall use them within the scope of such restrictions.
Article13 （BRIL Coin）
1.A User may purchase BRIL Coin in the manner determined by the Company.
2.A User may use BRIL Coin granted by the Company in the manner and to the extent separately determined by the Company. BRIL Coin may not be exchanged or otherwise transferred for money, anything of monetary value or economic benefit, except as otherwise set forth by the Company.
3.BRIL Coin can be transferred only between the same OS when a User changes his/her electronic device terminal model. However, BRIL Coin cannot be transferred to a new Device if the User ID is different.
4.BRIL Coin granted by the Company will not be refunded for any reason, except when the Company terminates the App or when it is necessary to do so in accordance with the Laws or unavoidable to do so. In such cases, the Company will determine the method of refund of BRIL Coin in accordance with the Laws and post such method on the App.
Article14（NFT Asset）
1.A User may convert Loose Gems to NFT Assets in the manner specified by the Company.
2.When converting Loose Gems into NFT Assets (including cases where a User intends to hold, manage, or otherwise use NFT Assets acquired outside the App within the App), the User shall pay the conversion fee determined by the Company.
3.A User acknowledges and agrees that the Company owns all legal rights, title and interest in and to the Items, etc., the name and portrait, and all Intellectual Property related thereto.
4.A User acknowledges and agrees that NFT Assets may be used exclusively for entertainment purposes (for the avoidance of doubt, NFT Assets may not be used to pay for anything in or out of the App). Without limiting the foregoing, and subject to the User’s continued compliance with the T&Cs and the terms and conditions of the External Market, the Company grants the User a worldwide (but limited to the regions in which the Company operates the App), non-exclusive, and non-transferable (except as provided in the T&Cs) license to display the representations (including all elements comprising the assets, such as designs, backgrounds, etc.) on the User’s NFT Pickaxe stored in the Company’s Wallet and NFT Assets stored in a Wallet held or managed by the User and use such representations within the App for the User to use the App for his/her personal, non-commercial purpose only.
5.The Company reserves all rights other than those expressly granted to a User in the T&Cs, namely the NFT Assets, the name and portrait, and all rights related thereto.
6.A User may transfer NFT Assets to a third party in the manner set forth in Articles 16 and 17; provided, however, the copyright and other Intellectual Property shall not be transferred to the transferee User. For the avoidance of doubt, a User may not transfer (whether by purchase and sale, sublicense, or otherwise) the NFT Assets to any third party other than as provided in this section.
7.A User shall be responsible for managing (including, but not limited to, Import and Export) the User’s NFT Pickaxe stored in the Wallet held by the Company and NFT Assets stored in the Wallet held or managed by User.
8.A User acknowledges that any information provided by or on behalf of the Company on any platform or through the services provided is for informational and entertainment purposes only and should not be construed as, nor is it intended as, an offer to sell, or the solicitation of an offer to buy, any interest in any security, entity, investment vehicle or contract, including, but not limited to, with respect to BRIL, Brilliant Gems, BRIL-Points, BRIL Coin, and NFT Assets.
Article15（Commission Fee）
1.In the event that any blockchain network fees (gas fees, etc.) are incurred in connection with the use of the App (including, but not limited to, Import and Export), a User shall bear such fees, and the User shall also bear the network fees (gas fees) for transactions between the Users of NFT Assets.
2.The Company shall not be responsible for any matters arising out of reasons not attributable to the Company, including, but not limited to, the escalation of the gas fees, transaction delays, or transaction failures with respect to the blockchain network fees (gas fees).
3.NFT Assets, Items, etc., transfer of In-Game Asset, and other fees, etc. charged for the use of the App shall be borne separately by the User.
Article16（SHOP）
1.The Company provides the SHOP on the App as a place and opportunity to transfer and receive NFT Pickaxes and Loose Gems solely between Users or between Users and the Company.
2.In the SHOP, a User may purchase and sell NFT Pickaxes or Loose Gems using BRIL, BRIL points or MATIC; provided, however, Loose Gems may not be purchased or sold using BRIL points.
3.In the event that a contract for the purchase and sale of NFT Pickaxe or Loose Gems is concluded between Users in the SHOP, the rights to the NFT Pickaxe or Loose Gems shall be transferred directly between such Users when the Company accepts such contract in the manner determined by the Company, and the BRIL or MATIC used to settle the purchase and sale of the NFT Pickaxe or Loose Gems shall be transferred directly between such Users.
4.In the event of a contract for the purchase and sale of NFT Pickaxe or Loose Gems between Users in the SHOP, a User who transfers the NFT Pickaxe or Loose Gems to other User shall pay to the Company the transfer acceptance fee set forth by the Company at the same time of the transfer of BRIL or MATIC between Users in the manner determined by the Company. Upon payment of the transfer acceptance fee, the Company shall grant the acceptance set forth in the preceding section.
5.If a User transfers or acquires NFT Pickaxe or Loose Gems to or from another User in accordance with the provisions of this Article, the User shall not, whether directly, through a third party intermediary, or otherwise indirectly, receive any economic consideration other than the consideration for the NFT Pickaxe or Loose Gems outside of the App (including, but not limited to, money, goods, other proprietary interest, or currency, characters, items, points, data, information, etc. in services other than the App).
Article17（External Market）
1.The Company agrees to allow a User to transfer NFT Assets stored in a Wallet held or managed by the User to a third party in the External Market, provided that all of the following conditions are satisfied.
(1)The transferee (including, but not limited to, the User) has accepted all provisions of the T&Cs and all provisions of the terms and conditions of the External Market.
(2)The User pays to the Company an amount set forth by the Company as a transfer acceptance fee, and makes such payment at the same time as the consideration for the transfer is paid by the transferee to the User.
(3)The User has not violated any T&Cs or the terms and conditions of the External Market prior to the transfer.
(4)The User’s license to NFT Assets has not been terminated prior to the transfer.
2.User represents and warrants that all of the items listed in the preceding section are satisfied.
3.User acknowledges and agrees that the above amounts paid to the Company under this Article do not include, and are not intended to include, any additional fees imposed or required by the platform to which the User transfers the NFT Assets.
4.In the event a User transfers or acquires NFT Assets to or from another User pursuant to the provisions of this Article, whether directly, through a third party intermediary, or otherwise indirectly, the User may not give or receive any economic consideration outside the External Market (including, but not limited to, money, goods, other proprietary interest, currency, characters, items, points, data, information, etc. in services other than the App).
5.In the event that an External Market user who is not a User transfers NFT Assets to a third party in the External Market, the provisions of T&Cs shall apply, in addition to the provisions of this Article.

Chapter3 Receipt of Payment by BRIL Coin

Article18（General Provision)
This chapter defines the handling of a case when a Listing User who has listed NFT Pickaxe or Loose Gems in the SHOP receives the payment of the price of the NFT Pickaxe or Loose Gems by BRIL Coin issued by the Company.
Article19（Handling of BRIL Coin, etc.）
1.In the event that a purchase and sale agreement is concluded for NFT Pickaxe or Loose Gems listed by a Listing User, the User who purchased the NFT Pickaxe or Loose Gems (the “Purchasing User”) specifies the payment in BRIL Coin in the manner determined by the Company, and if the amount of such payment (the “Transaction Amount”) is within the balance of BRIL Coin held in the Purchasing User’s account, the amount equivalent to the Transaction Amount will be deducted from the balance of BRIL Coin, and the payment will be deemed to have been made.
2.The Company shall not be a party, agent, intermediary, etc. to any transaction between a Purchasing User and a Listing User for NFT Pickaxe or Loose Gems in the SHOP, and shall not be responsible for the formation, validity, performance, etc. thereof.
Article20（Payment to Listing User）
1.The Company shall convert the BRIL Coin used by a Purchasing User as the payment method at the time of purchase of a Listing User’s NFT Pickaxe or Loose Gems at a rate reasonably determined by the Company by the payment method (BRIL, BRIL point or MATIC only) specified by the Listing User in the manner determined by the Company at the time of the Listing and pay to such Listing User as a payment amount.
2.Promptly after the transfer of the right to NFT Pickaxe or Loose Gems from the Listing User to the Purchasing User, the Company shall pay to the Listing User the amount paid by the Purchasing User in BRIL Coin, minus the transfer acceptance fee set forth in Article 16, Section 4, the amount equivalent to the settlement service provider’s fee, and the fee set forth by the Company, by sending it or giving BRIL points to the Wallet of the Listing User, using the payment method set forth in the preceding section.
Article21（Investigations, Reports, etc.）
1.The Company may request a Listing User to investigate, report, submit materials, etc. to the Company in the event of a breach of T&Cs or the Laws, data inconsistencies (including suspected data inconsistencies), or as otherwise deemed necessary by the Company, and the Listing User shall promptly comply with such request. The Company may withhold payment of the payment amount to such Listing User if necessary for the purpose of such inquiry.
2.The Company may give necessary instructions to the Listing User based on the investigation, report, submission of materials, etc., pursuant to the preceding section, and the Listing User shall comply with such instructions. In this case, the Company may request the Listing User to take necessary measures for correction and improvement within a specified period, and the Listing User shall comply with such request.

Chapter4 General Terms

Article22（Payment）
The various prices associated with the App may change at any time; provided, however, price changes will not affect past purchases. A User agrees to pay all processing fees and transaction costs (such as standard gas rates) that the Company may impose in connection with the fee.
Article23（Prohibited Acts）
A User shall not engage in any of the following acts or acts that may fall under any of the following items in relation to the App.
(1)To allow a third party to use the User’s account, Items, etc. (including BRIL Coin), or to lend, transfer, purchase and sell, pledge, etc., with or without compensation, inside or outside of the App, or any preparatory acts, including inducement to apply, application, or acceptance of such usages of the User’s account (excluding those stipulated in T&Cs).
(2)Any act to gain any kind of profit by organizing an event without the Company’s permission.
(3)Using, creating, distributing, or selling technical means, including BOTs, cheat tools, or other external tools that affect the App.
(4)Trading of accounts, Items, etc. (including BRIL Coin) with real money, property, or other property interests in the real world (so-called “real money trade”) or any preparatory acts, including inducement to apply, application, or acceptance of real world trade (excluding those specified in the T&Cs).
(5)Forgery, alteration, or theft of accounts, Items, etc. (including BRIL Coin), NFT Assets and In-Game Assets.
(6)Registering false or inaccurate information.
(7)Holding multiple accounts by one person.
(8)Joint ownership of a single account by more than one person.
(9)Impersonating a third party or using the App under a false identity.
(10)Any act that infringes or damages the Intellectual Property, portrait rights, privacy rights, reputation, credibility, or other rights or interests of the Company or any third party.
(11)Any act that causes inconvenience to the Company or any third party.
(12)Any act of making violent demands, unreasonable demands beyond legal responsibility, using threatening language or violence, or spreading rumors, using fraudulent means or force to damage credibility or obstruct business, either by him/herself or by a third party.
(13)Money laundering or acts for the purpose of money laundering.
(14)Illegal, inappropriate, or otherwise problematic use of the User’s Wallet.
(15)Criminal acts or acts that may lead to criminal acts.
(16)Political, religious, or related activities.
(17)Any act that violates the Laws and public order and morals.
(18)Using the App in inappropriate places, such as while driving a vehicle or in dangerous places.
(19)Asking for personal information, etc. of other Users.
(20)Transmitting, posting, displaying, selling, or any related act with respect to the Comments, etc. which have following contents;
(ⅰ) Obscene Comments, etc. (including any expression that the Company deems sexually suggestive) and Comments, etc. that are offensive to public order and morals.
(ⅱ) Comments, etc. which include personal information that can identify the User.
(ⅲ) Comments, etc. intended for the purpose of advertising, promotion, or solicitation, whether commercial or non-commercial.
(ⅳ) Comments, etc. which include account numbers and PINs of financial institutions etc.
(ⅴ) Comments, etc., including mere links, which direct to external sites, etc. (except for those approved by the Company).
(ⅵ) Comments, etc. that the Company determines are likely to be offensive to other Users.
(ⅶ) Comments, etc. that may adversely affect minors.
(ⅷ) Comments, etc. that are false or whose truth of facts are not known.
(ⅸ) Comments, etc. that reproduce all or part of the Company’s support emails, information posted by other Users, etc.
(ⅹ) Other Comments, etc. that the Company deems inappropriate.
(21)Disassembling, decompiling, reverse engineering, or other acts to analyze the source code, structure, ideas, etc. of the App.
(22)Any act that destroys embedded security devices or security codes.
(23)Failure to follow procedures or contact the Company as required by the T&Cs, etc.
(24)Any act that encourages a third party to engage in any of the acts listed in the preceding items.
(25)Any act prohibited by other provisions of the T&Cs or other acts that the Company deems inappropriate, including, without limitation, registering as a User or using the App if such User is located in the United States.
Article24（Handling of T&Cs Violations, etc.）
1.If the Company reasonably determines that a User has violated the T&Cs, including, without limitation, if the User violates the country of residence requirements at any time during such User’s use of the App, or if the User becomes insolvent, having no financial resource, suspended or otherwise unable to pay his/her debts, the User’s credit situation deteriorates significantly, or if the Company otherwise deems necessary, the Company may take measures or disciplinary actions that the Company deems necessary against the User, including, but not limited to, the following;
(1)Demanding that any act, etc. in violation of the T&Cs be stopped and that the same act not be repeated.
(2)Requesting the voluntary deletion or correction of information in Comments, etc.
(3)Deleting all or part of the information in Comments, etc., history, etc., and change the scope of disclosure or make such information unavailable for viewing (i.e., private).
(4)Disclosing the facts of violation within or outside of the App, including reporting to the police or other public authorities in the event that there is a possibility of a criminal, administrative, or other case.
(5)Suspending or depriving of Items, etc. acquired by the User or other adverse measures on the App.
(6)Withholding of the payment amount to a Listing User.
(7)Terminating the provision of the App (including depriving the right to use Items, etc. (including BRIL Coin), In-Game Asset and/or NFT Asset and deleting the usage data thereof).
2.The Company reserves the right not to provide the Company’s services, including the App, to a User who has been subject to any measure pursuant to the preceding section or otherwise fails to comply with the T&Cs, and may store personal information, etc. in accordance with the Laws to the extent necessary for such action.
3.A User shall not object to the Company’s handling of any violation of the T&Cs or any other action taken by the Company.
Article25（Attribution of Rights）
1.All Intellectual Property contained in the App belongs to the Company or third parties who have licensed it to the Company. A User shall not have any rights with respect to the App other than the right to use it in accordance with the T&Cs.
2.Except as otherwise provided in the T&Cs, a User shall not, without the consent of the Company, reproduce, modify, or publicly transmit any information provided by the Company in the App, or otherwise make use of such information in a manner that infringes or may infringe any Intellectual Property relating to the App; provided, however, the foregoing shall not apply for the purpose of personal use.
Article26（Warranties）
1.The App shall be what the Company is able to provide at the time. Your use of the App and related services is entirely at your own risk. The Company disclaims all warranties, express or implied, and makes no warranty about the App or the related services, including, without limitation, as to the completeness, accuracy, applicability, usefulness, availability, security, or reliability etc. of the information, Items, etc. (including BRIL Coin) and software, etc. provided. This includes, but is not limited to, the fact that, so long as the price or market for blockchain assets exists, such price or market is extremely volatile and that fluctuations in the price of other digital assets, or other factors, could have a material adverse effect on the value of digital assets owned by a User, including the User’s NFT Assets, and that there is no guarantee the that User’s NFT Assets will have value or will maintain their value. The Company makes no representation or warranty that the App or services are appropriate or available for use in the United States.
2.The Company makes no guarantee that there will be no future enactment of or amendment to the Laws or related taxation, including income tax and consumption tax, with respect to the App. A User understands and acknowledges that the regulatory regime for blockchain technology is uncertain, and that new regulations or policies may have a material adverse effect on the development of the App and the utility of the NFT. The Company may change the contents of the App or suspend all or part of the App, including, but not limited to, making In-Game Assets or NFT Assets private, changing the content of In-Game Assets or NFT Assets, restricting access to In-Game Assets or NFT Assets, or otherwise, as necessary, in the event of any amendments to the Laws. The Company shall not be responsible for any damages resulting therefrom, except in the case of willful misconduct or gross negligence on the part of the Company. The User shall use the App with understanding and agreement to be bound by the above provisions.
3.The Company is not obligated to repair bugs or other problems in the App or to improve or enhance the App; provided, however, if the Company provides updates or upgrades, etc. to the App to Users, the T&Cs shall naturally apply to such updates or upgrades.
4.The Company makes no guarantee of any kind with respect to any goods or services provided by third parties that are provided in connection with the use of the App.
Article27（Disclaimer）
1.BRIL, Brilliant Gems, BRIL-Points, BRIL Coin, and NFT Assets are not a representation of money or electronic money, or any security, commodity, bond, debt instrument, unit in a collective investment scheme or any other kind of financial instrument or investment. The Company does not facilitate the transmission of fiat currency on behalf of users or other third parties, nor does it assist with the conversion of BRIL or other digital assets to fiat currency.
2.The Company shall not be responsible for any damages incurred by a User as a result of the use of the App.
3.If a User causes any damage to the Company or any third party by using the App, the User shall compensate for such damage at the User’s own expense and responsibility and shall not cause any inconvenience or damage to the Company. In addition, if the Company receives any claim from a third party due to a User’s breach of the T&Cs, willful misconduct or negligence, the User shall settle such claim at the User’s own expense and responsibility and shall compensate the Company for any damage caused thereby.
4.The Company shall not be responsible for any damages caused by the unavailability of the App due to malfunctions, errors, or failures, etc. that occur in the App.
5.The Company shall not be responsible for any damages caused by a User’s alteration, modification, or technical addition, etc. to the hardware or software of the Device, which prevent normal use of the App, and shall not be responsible to take any action, such as restoring the use of the App.
6.The Company shall not be responsible for any damages incurred due to loss or forgetting of registration of information by a User (including deletion of the App), and shall not be responsible to take any action, such as restoring the use of the App. The same shall apply in the event that a User loses the registration information due to unauthorized use, loss, theft, malfunction, or other reasons of the Device used in the App.
7.Any purchase or sale, etc. of NFT Assets or Loose Gems between Users is at the sole risk of the Users concerned, and the Company shall not be responsible for any sales contracts between the Users, and shall not be obligated to refund any transfer acceptance fee, etc. received by the Company.
8.The Company shall not be responsible for any damages or consequences resulting from a User’s violation of the T&Cs.
9.Notwithstanding the provisions of the T&Cs, even if the Company is responsible for damages based on default or tort, the Company shall compensate damages up to the amount of direct and actual damages incurred by a User and shall not compensate damages, etc. arising from special circumstances (including cases where the occurrence of the damage was foreseen or could have been foreseen). The Company’s responsibility for damages shall not be exempted or limited in the case of willful misconduct or gross negligence on the part of the Company.
Article28（Taxes and Public Dues）
Any taxes and public dues imposed on a User shall be borne by the User. The User shall be responsible for confirming the type and amount of taxes and public dues imposed on the User.
Article29（Change, Discontinuation, or Termination of the App）
1.The Company may temporarily or for a long period of time change the contents of the App or suspend or terminate the provision of the App without prior notice to Users in any of the following cases:
(1)When performing periodic or emergency maintenance of systems, etc. necessary for the provision of the App.
(2)When computers, communication lines, etc. are down due to accidents, malfunctions, congestion, or other failures.
(3)In the event of a mandatory disposition pursuant to a court order or the Laws.
(4)In the event that the Company reasonably determines that it is necessary to conduct an investigation pursuant to the Laws or the Company regulations, etc.
(5)In the event of an earthquake, tsunami, typhoon, thunderstorm, heavy rain, flood or other natural disaster, fire, power failure or other unforeseen accident, war, dispute, upheaval, riot, disturbance, labor dispute, etc.
(6)When it is necessary to confirm the security of the App due to an unauthorized access to the App by a third party, etc.
(7)In addition to the preceding items, the Company reasonably determines that it is necessary to change the contents of the App or suspend or terminate the provision of the App for business or technical reasons.
2.The Company may terminate the provision of the App by giving prior notice to Users, and the Users agree to such termination in advance.
3.The Company shall not be responsible for any damage incurred by a User as a result of the modification, suspension, or termination of the App in accordance with this Article.
4.In the event that the App is terminated, a User agrees in advance that the User will lose the right to use NFT Assets and In-Game Assets held by the User on the App and that the User will not be able to use such NFT Assets and In-Game Assets thereafter. In this case, the Company shall not be obligated to compensate the User for any expenses the User has incurred in acquiring such NFT Assets.
Article30（Termination of T&Cs）
1.A User can terminate T&Cs by uninstalling the App.
2.The Company may continue to retain personal and other information of Users who have terminated T&Cs as necessary within the scope of the Laws.
Article31（Handling of Personal Information, etc.）
1.The Company shall handle personal information, etc. obtained from Users in an appropriate manner in accordance with the Privacy Policy separately set forth by the Company (the “Privacy Policy”). The T&Cs incorporate the terms of the Privacy Policy by reference, and by using the App, you hereby agree to the terms of the Privacy Policy.
2.The Company shall maintain the confidentiality of communications between Users in the event that the App contains chats between Users; provided, however, the Company may access or delete information that constitutes confidential communications to the extent permitted by applicable laws and to the extent necessary for the proper operation of the App.
Article32（Third Party Terms and Conditions）
With regard to the use of paid services, Users are assumed to have agreed to the terms and conditions etc. of payment by third-party payment service companies, etc. (including but not limited to Amazon Services International, Inc., Apple Inc. or Google Inc., service providers for Wallets, smart contract system providers, etc.), and shall abide by the said terms and conditions. The Company shall not be responsible for services provided by entities other than the Company.
Article33（Modification of Terms and Conditions）
1.The Company may modify the contents of the T&Cs without obtaining a User’s prior consent to the extent permitted by applicable laws.
2.When the Company modifies the T&Cs in accordance with the preceding section, the Company shall make the modified T&Cs known to Users by displaying the contents of the modified T&Cs in the App, and the modified T&Cs shall be applied from the date when a reasonable period of time specified at the time of making such changes known has elapsed.
3.In the event that the Company modifies the T&Cs without complying with the provisions of Section 2 of this Article, the Company shall obtain the consent of each User individually regarding the contents of the amended T&Cs. In this case, the Company shall also make the contents of the modified T&Cs known in accordance with the preceding section.
4.If a User does not agree with the modified T&Cs, the User shall immediately remove the App from the User’s own Device.
Article34（Non-Waiver of rights）
Any delay or failure to exercise any rights accruing to the Company under the T&Cs shall not constitute a waiver of such rights by the Company.
Article35（Effectiveness of T&Cs)
If any provision of the T&Cs is held invalid in whole or in part under the Laws, all other provisions of the T&Cs shall remain in full force and effect except for the invalidated portion of such provision.
Article36（Application of Laws and Jurisdiction)
1.The T&Cs shall be governed by and construed in accordance with the laws of Japan.
2.The Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction in the first instance over any disputes related to T&Cs.

Date of enforcement: May 20, 2024

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