1.1. These Terms are to set forth the conditions for playing the GAME and the rights and obligations between the Company and the Player. These Terms shall apply to any and all relations between the Company and the Player in connection to playing the GAME (regardless of the type of devices used to play the GAME, such as personal computers or smartphones).
1.2. If the Company posts a separate or additional provisions concerning the GAME (hereinafter referred to as “Additional Provisions”) on a device’s screen used for playing the GAME or on the Website (defined in Article 2 hereof), such Additional Provisions shall also constitute a part of these Terms. If the Additional Provisions conflict with these Terms, such Additional Provisions shall prevail.
The following terms used herein shall have the meaning set forth below.
2.1. “Player” means an individual who consents to these Terms to play the GAME.
2.2. “Contract” shall mean an agreement to be executed under these Terms between the Company and the Player in connection to playing the GAME.
2.3. “Website” shall mean the website (https://newfarmtier.com/) operated by the Company.
2.4. “Content” shall mean any and all information (including, but not limited to, program or data such as texts, images, movies, and audio) that the Player may access in the GAME or the Website.
2.5. “PlayerPassNFT” shall mean the NFT which identifies the Player, where it is created based on Ethereum blockchain standards (hereinafter referred to as “ETH Standard”) and the NFT is not transferrable.
2.6. “Farmcoin” shall mean the GAME’s in-game items that can be used for various purposes in the GAME, such as to purchase other in-game items
2.7. “FarmcoinNFT” shall mean the NFT which is linked to a certain amount of Farmcoin, where it is created based on the ETH Standard.
2.8. “Star” shall mean in-game items that can be used to raise the status of a character played by the Player in the GAME.
2.9. “StarNFT” shall mean NFT which is linked to the Star, where it is created based on the ETH Standard.
2.10. “GenesisStarPassNFT” shall mean NFT which is linked to the right of a holder of such NFT to receive various benefits in the GAME, where it is created based on the ETH Standard.
2.11. “Intellectual Property Rights” means intellectual property rights which include patent rights, utility model rights, trademarks, design rights, and copyrights (which also include the rights to obtain such rights or to apply for the registration of such rights).
2.12. “Anti-Social Forces” means an organized crime group, a member of an organized group, a person who has not yet passed five (5) years after leaving an organized crime group, a quasi-member of an organized crime group, a related company of an organized crime group, a corporate racketeer, a group engaging in criminal activities under the pretext of conducting social campaigns, and crime groups specialized in intellectual crimes, and a person equivalent thereto.
2.13. “Laws and Regulations” means the collective name of regulations including laws, cabinet orders, ministerial ordinances, notices, rules, ordinances, court rulings, decisions, orders, enforceable administrative disposition, and guidelines.
2.14. “Personal Information” means information on individuals and those defined in Article 2 (1) of the Japanese Act on the Protection of Personal Information.
3.1. A person who wishes to play the GAME (hereinafter referred to as “Applicant”) shall, in a manner specified by the Company, register as the Player by agreeing to abide by these Terms and to provide the Company with a _wallet address_ of a crypto wallet designated by the Company that will be connected to the GAME (hereinafter referred to as “Wallet”).
3.2. The Applicant represents and warrants to the Company the following when registering as a Player:
(1) The Applicant is of the age of eighteen (18) and over or a natural person who reaches the legal age of adulthood under the Laws and Regulations applicable to the Applicant.
(2) The Applicant has not been banned from playing the GAME under the Laws and Regulations applicable to the Applicant.
(3) The Applicant lawfully attains the Wallet and validly uses the Wallet.
(4) The Applicant does not fall under the category of the Anti-Social Forces or does not interact or be involved with the Anti-Social Forces, and has not fallen under the category of the Anti-Social Forces or has not interacted or involved with the Anti-Social Forces.
(5) The Applicant has never been subjected to receive any measures, such as refusal or canceling the registration to the GAME or other services provided by the Company.
3.3. When starting to play the GAME, the Applicant shall pay a _gas fee_ to _mint_ the PlayerPassNFT. Such _gas fe_e fluctuates on a daily basis, and the Applicant shall check the cost of the _gas fee_ on an application providing the Wallet.
3.4. Once the GAME and the Wallet are connected, and the Applicant has paid the _gas fee_ and _minted_ the PlayerPassNFT as prescribed in the preceding paragraph, the registration of the Player for the GAME is deemed to have been completed, and the Contract shall be executed between the Company and the Player.
3.5. The PlayerPassNFT is issued by the Company to certify and identify that the Applicant has become the Player of the GAME after going through the Company’s standard procedure. The Player shall not transfer, loan, share, or pledge as collateral of the PlayerPassNFT to any third party.
4.1. The Player shall, at its responsibility, securely manage and store the Wallet and the information on its account and shall take measures necessary to prevent any unauthorized use by any third party.
4.2. The Player shall not cause any third party to use its account in any manner such as lending, sharing, transferring, or changing of name.
4.3. When the Company verifies the _wallet address _of the Wallet that has been registered by the Player matches the _wallet address_ of the Wallet of the person who intends to play the Game, the Company shall deem that the Player registered as the holder of such Waller is accessing the GAME.
4.4. If the Player becomes aware of any unauthorized access or access by a third party on the Player's account for the GAME or a threat of such access, the Player shall notify thereof to the Company and follow the instructions given by the Company.
5.1. The specification, functions, or details of the GAME other than those stipulated herein shall comply with the ‘litepaper’ separately specified by the Company at https://newfarmtier.gitbook.io/new-farmtier-litepaper-english/, and the Player shall acknowledge in advance that such specification, functions, or detail may be amended from time to time.
5.2. In principle, the Player may play the GAME free of charge after completion of the registration for the GAME. However, some features and items require a fee in order to play the GAME advantageously. Further, to convert in-game items into NFT in the Wallet the Player should extract such in-game items from the GAME, and in doing so the Player may need to pay a transaction fee in the amount specified separately by the Company with Farmcoin.
5.3. Any payment made by the Player to the Company in the GAME shall be made with cryptocurrency. The Player acknowledges that the Company does not accept any other means of payment, such as in cash, by bank transfer, or by credit card.
5.4. The Farmcoin is an in-game item that may be used only in the GAME and is not created based on blockchain standards. The Player may not draw out the Farmcoin outside the GAME. Also, the Player may not purchase the Farmcoin from the Company. The Player may convert the Farmcoin into the FarmcoinNFT in the quantities as specified by the Company.
5.5. The Player may convert the FarmcoinNFT or the StarNFT earned into the Farmcoin or the Star in the quantities as specified by the Company and may use the converted Farmcoin and/or the Star in the GAME. The FarmcoinNFT and the StatNFT shall be subjected to _burning_ after being converted.
5.6. The Player may convert the Star earned to the StarNFT in the GAME. In addition, the Player may convert the StarNFT into the Star to use it in the GAME.
5.7. The Player who holds the GenesisStarPassNFT may periodically obtain a certain amount of the Star as separately specified by the Company. However, this shall not apply to a case where the Company ceases to provide the GAME.
6.1. In the event that the price of the FarmcoinNFT is lower than those specified by the Company in the external NFT marketplace, the Company may take necessary procedures such as buyback for the purposes of maintaining the market price of the FarmcoinNFT,
6.2. If the Company buys back the FarmcoinNFT as prescribed in the preceding paragraph, such FarmcoinNFT shall be subjected to _burning_.
7.1. All of the Intellectual Property Rights pertaining to the PlayerPassNFT, the FarmcoinNFT, the StarNFT, and the GenesisStarPassNFT (hereinafter collectively referred to as “VariousNFT”) shall belong to the Company or the person who is duly entitled to grant the Company the license (hereinafter collectively referred to as “IP Owner”). The Company shall not transfer the Intellectual Property Rights pertaining to the VariousNFT to the Player. The Company shall grant the holder of the VariousNFT the license to use the VariousNFT to the extent necessary for such holder to use or to trade the VariousNFT in the GAME, the Company does not grant the license to use the Intellectual Property Rights of the IP Owner beyond these purposes, such as for commercial use.
In relation to playing the GAME, the Player shall itself or cause any third party to engage in any act that falls under any of the following items.
8.1. any act that breaches these Terms;
8.2. any act of using the VariousNFT as a means of payment or money transfer;
8.3. any act that intends to drastically fluctuate the price of the VariousNFT by buying up the VariousNFT or other factors;
8.4. any act that provides favors to the Anti-Social Forces and involves the Anti-Social Forces;
8.5. any act that hinders the operation of the GAME, or impairs or is likely to impair the credibility of the Company;
8.6. any act of copying, disseminating, or disclosing a part of the GAME;
8.7. any act of transferring or lending an account, or spoofing a third party;
8.8. any act of registering multiple accounts;
8.9. any act of modifying, deleting, decompiling, reassembling, or reverse engineering of programs related to the GAME or the Website;
8.10. any act that violates the Laws and Regulations or the public order and morals; or
8.11. any other acts as deemed inappropriate by the Company.
9.1. The Company makes no warranty that the Player will (i) earn economic benefit in excess of the amount of the money (including cryptocurrency) spent by the Player in connection with the GAME or (ii) receive any other benefits from playing the GAME.
9.2. Any intangible items including the in-game items and the VariousNFT available in the GAME shall not fall under the category of ‘cryptoasset’ as stipulated in Article 2 (14) of the Japanese Payment Services Act and ‘prepaid payment instruments’ as stipulated in Article 3 (1) of the said Act.
9.3. The Player shall, at its responsibility, manage the Wallet. The Company shall not keep any asset of the Player stored in the Wallet and assumes no responsibility for the loss of secret key or passphrase of the Wallet.
9.4. The price of blockchain is very unstable, and it is likely that the price of the VariousNFT may fluctuate widely, as such the Company shall not guarantee that the purchaser of the VariousNFT will not suffer any losses.
9.5. The legal and regulatory landscape for services using blockchain technology is uncertain and fluid. The Company makes no guarantee that playing of the Game is legal in the applicable jurisdiction of the Player.
9.6. The Player shall, at its responsibility and cost, prepare an operating environment such as equipment and communication line necessary for playing the GAME.
9.7. The Company makes no warranties that the GAME fits the Player’s particular purpose, that it has the commercial value, accuracy, validity, integrity, and safety as expected by the Player, and it has no defect. However, if the GAME has any defect such as security holes, errors, or bugs, the Company shall endeavor to fix such defect as far as practically possible.
9.8. The Company makes no warranties, express or implied, regarding the Content provided in the GAME.
9.9. The Company shall not be responsible for any service, information, or management of information provided by a third party such as the provider of external services in tandem with the GAME. The Player shall, at its responsibility, use the external services.
9.10. The Player shall, at its cost and responsibility, handle or resolve any trade, communication, or dispute arising out of or in connection with any third party in relation to the play of the GAME.
10.1. If the Company determines that the Player falls under any of the following items, the Company may, without giving prior notice to the Player, prohibit the Player from accessing the GAME or may delete all or a part of the information provided by such Player to the Company in relation to the GAME (hereinafter collectively referred to as “Suspension”).
(1). In a case where the Player breaches any of the provisions hereof.
(2). In a case where the Company reasonably determines that the Player breaches any items of Article 3.2.
(3). In a case where any event equivalent to the preceding items occurs.
(4). In other cases where the Company reasonably determines that the playing and registration of the GAME is inappropriate for any other reasons.
10.2. If the Player falls under any of the following items, the Company may immediately terminate the Contract by giving prior notice to the Player, if:
(1). the Player falls under any of the items in the preceding paragraph;
(2). the Company reasonably determines that the Player is not appropriate to continuously play the GAME.
10.3. Measures, as provided for in the preceding two (2) paragraphs, shall not preclude the Company from making claims for damages against the Player. In addition, the Company shall not be liable for any damage as a result of measures as provided for in the preceding two (2) paragraphs unless there was willful misconduct or negligence on the part of the Company.
11.1. The Player may terminate the Contract by applying for an unsubscribe request. By making such a request, the contractual relationship between the Company and the Player shall be terminated.
11.2. The Player shall not be exempt from any obligations and debt (including, but not limited to, obligation for compensation) under the Contract owned to the Company and third party even after the termination of the Contract.
11.3. If the contractual relationship between the Company and the Player is terminated according to Article 11.1 hereof, the Player acknowledges that all in-game items that the Player keeps in the GAME such as the Farmcoin and the Star will be subjected to burning, and such in-game items shall not be transferred to the Wallet after being converted to NFT.
11.4. The Player may trade the VariousNFT that the Player keeps in the Wallet in an external NFT marketplace even after the termination of the contractual relationship with the Company under Article 11.1 hereof.
12.1. If any of the following items occur, the Company may suspend all or a part of the GAME by giving the prior notice to the Player.
(1) a periodical or an emergency check or maintenance of hardware, software, communication devices, and/or related devices or systems.
(2) the provision of the GAME is rendered difficult due to failure, operation mistakes, access concentration, unauthorized access, hacking, or other unexpected factors of computers or communication lines.
(3) security issues of the GAME.
(4) events beyond the control of the Company such as acts of God, war, threat of war, embargo, revolution, riot, plague or other epidemic, destruction or damage of supplies or premises, fire, typhoon, earthquake, or floor.
(5) a proper operation of the GAME is rendered difficult due to the amendment of the Laws and Regulations or measures taken under the amended Laws and Regulations.
(6) a case where the Company reasonably determines that it is necessary to suspend the GAME.
12.2. The Company shall not be liable for any damage incurred by the Player as a result of measures taken by the Company according to the preceding paragraph, except for cases where such damage is caused by the Company’s willful misconduct or negligence.
13.1. The Company may, at its convenience, modify or add the contents of the GAME to the extent that such modification or addition does not cause significant change in the nature of the GAME.
13.2. The Company shall not be liable for any damage incurred by the Player as a result of measures taken by the Company according to the preceding paragraph, except for cases where such damage is caused by the Company’s willful misconduct or negligence.
14.1. The Company may cease to provide all or a part of the GAME with the prior notice to the Player. However, in a case of emergency or in other cases where giving prior notice is difficult, the Company shall provide the Player with the notice after it has ceased to provide all or a part of the GAME.
14.2. If the Company ceases to provide the GAME as provided for in the preceding paragraph, the in-game items such as the Farmcoin and the Star that the Player holds in the GAME shall be subjected to _burning_ and shall not be transferred to the Wallet after being converted to NFT.
14.3. To cease to provide the entire GAME, the Company shall give the Player prior notice at least one (1) month prior to such cessation.
14.4. The Company shall not be liable for any damage incurred by the Player as a result of measures taken by the Company according to the preceding three (3) paragraphs, except for cases where such damage is caused by the Company’s willful misconduct or negligence.
15.1. The Player shall be liable for any damage incurred by the Company or a third party due to the Player’s violation of these Terms or for any reasons attributable to the Player in connection with the GAME.
15.2. The Company shall not be liable for any damage incurred by the Player arising out of or in connection with the GAME or these Terms, except for cases where such damage is caused by the Company’s willful misconduct or negligence.
15.3. The total liability of the Company on any claim for damage incurred by the Player (excluding indirect damage such as loss of profit, special damage, and attorney’s fee for direct damage that occurred), arising out of the negligence of the Company shall in no event exceeds the total amount of MATIC paid in the last one (1) month by the Player to the Company in relation to the GAME. The limits of the total liability of the Company shall be the amount calculated after being converted into Japanese yen with the closing price of MATIC in Japanese yen at the end of the month including the time when the compensation has been claimed based on (i) information on 'CoinMarketCap’ (https://coinmarketcap.com), or (ii) the closing price of MATIC used in succussing service thereof. However, this shall not apply to a case where there is willful misconduct or gross negligence on the part of the Company.
16.1. The Company and the Player covenant and warrant that themselves or (if applicable) their officer (directors, executive officers, executive managing officers, corporate auditors, or any equivalent person thereto) does not and will not fall under the category of the Anti-Social Forces and under any of the followings.
(1). any relationship whereby either party herein is deemed controlled by the Anti-Social Forces;
(2). any relationship whereby the Anti-Social Forces is materially involved in the management of either party herein;
(3). any relationship whereby either party is deemed to be using the Anti-Social Forces wrongfully to gain illegal profit itself or a third party or cause any damage to any third party;
(4). any relationship whereby either party is deemed to be knowingly involved with the Anti-Social Forces by providing funds or favors to it; or
(5). any officer or other person substantially involved in the management is in a relationship deemed socially reprehensible with the Anti-Social Forces.
16.2. The Company and the Player covenant and guarantee that either party does not or cause the third party to engage in any one of the following acts:
(1). Violent demands;
(2). Unreasonable demands exceeding legal responsibilities;
(3). Act of using intimidating words or violation in relation to a transaction;
(4). Spreading of rumors, use of fraudulent means, or use of force to harm the reputation of the other party or the other party’s business; or
(5). Any other acts that are equivalent to each of the preceding items.
16.3. In the event that the other party breached this Article, the Company or the Player may immediately terminate the Contract without any procedures such as demands.
16.4. The Company and the Player shall not be liable for any damage incurred by the other party as a result of termination pursuant to this Article. Also, the Company and the Player may claim against the other party for damage arising out of or in connection with such termination.
17.1. In a case that falls under any of the following items, the Company may amend these Terms.
(1). When amendment of these Terms conforms to the general interest of the Player.
(2). When the Amendment of these Terms does not run afoul of the purpose of these Terms and is reasonable in light of circumstances concerning amendment such as the necessity of amendment, the appropriateness of the details of the amended conditions, and the appropriateness of the details of the amendment.
17.2. In the case referred to in the preceding paragraph, the Company shall notify the Player of its intention to amend these Terms, the changed content, and the effective date of such change in a manner deemed appropriate by the Company (either posting them to the Website or sending notification in the GAME) prior to the effective date of such amended.
17.4. In addition to those stipulated in Article 17.1, the Company may amend these Terms with the consent of the Player.
17.5. The Company shall not be liable for any damage incurred by the Player as a result of the amendment of these Terms pursuant to this Article, except for cases where such damage is caused by the Company’s willful misconduct or negligence.
The Player shall not transfer to any third party, lend, or please as security of its contractual status, rights, and obligations under the Contract without prior written consent of the Company.
In the event that any provision hereof or a part thereof is found invalid or unenforceable under the Laws and Regulations, the remainder or a part of the Term of Use shall remain in full force and effect, and the Company and the Player shall endeavor to make such invalid or unenforceable provision or part thereof legitimate and to amend it to the extent necessary to make it enforceable, and to ensure intent or equivalent effect to legal and economic effect to such invalid or unenforceable provisions or parts thereof.
The provisions of Article 3.5, Article 4, Article 6 through Article 9, Article 10.3, Article 11.2 through Article11.4, Article 12.2, Article 13.3, Article 14.2, Article 14.4, Article 15, Article 16.4, Article 17.5, Article 18 through Article 23, and any other provisions that, by their nature, are intended to survive shall survive the expiration or termination of the Contract.
Any questions arising out of the interpretation of these Terms or any matter not stipulated herein shall be resolved upon mutual consultation between the Company and the Player in good faith.
These Terms shall be made in Japanese. The Contract may be translated into other languages than Japanese, provided, however, that Japanese text shall prevail in any case.
1. These Terms shall be governed by and construed in accordance with the laws of Japan.
2. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court for the first instance, depending on the amount of the suit. The same shall apply to a case where arbitrations are conducted.