De:Lithe Last Memories Terms of Use

These De:Lithe Last Memories Terms of Use (hereinafter referred to as the "Terms") set forth the conditions of use, usage precautions, and other necessary matters concerning the application provided by enish Inc (hereinafter referred to as "the Company") and the services provided through this application, including any associated services (hereinafter collectively referred to as the "Service").

Article 1 (Scope and Amendment of These Terms, etc.)

Users of this Service (hereinafter referred to as "Users") shall use the Service upon agreeing to these Terms (the contract between the Company and the User regarding the use of the Service based on these Terms, etc., is hereinafter referred to as the "Contract"). In addition, the Company may establish various rules and usage regulations concerning the Service, and these shall constitute a part of these Terms and apply to all usage of the Service by Users (hereinafter collectively referred to as "these Terms, etc.").
The Company may amend these Terms at any time in the following cases:
1. When the amendment of these Terms is in the general interest of Users
2. When the amendment of these Terms does not contradict the purpose of the Contract, and is reasonable in light of the necessity of the change, the adequacy of the content after the change, and other circumstances related to the amendment
In the event of an amendment to these Terms as per the previous paragraph, the Company will notify the effective date of the amendment and the content of the amended provisions by posting on the Service at least two weeks prior to the effective date of the amendment.
If a User does not agree to the amendment of these Terms, the only recourse is to cancel their registration and terminate the Contract. If a User continues to use the Service after the date specified in the notification mentioned in the previous paragraph, it will be considered that the User has agreed to the amendment of these Terms.
Users agree in advance to the following matters when using the Service:
1. The User's agreement to these Terms and compliance with these Terms, etc., in using the Service are preconditions for the Company granting the User permission to use the Service. If the User violates these Terms, etc., the Company may refuse further use of the Service without prior notice. In such cases, the Company will not refund any expenses already incurred by the User.
2. Users acknowledge that the content of these Terms, etc., may change and shall periodically check the notices posted within the Service.
3. In the event of any contradiction or conflict between the provisions of these Terms and other provisions of these Terms, etc., the provisions of these Terms shall prevail, except as otherwise specified by the Company.

Article 2 (Definitions)

The definitions of terms used in these Terms are as follows:

"NFT" refers to non-fungible tokens or similar digital items created on the blockchain.
"Wallet" refers to a system for managing private keys used for transferring cryptocurrency assets and NFTs, etc., through blockchain technology.
"Self-managed Wallet" refers to a wallet where the User manages the private keys themselves.
"The NFT" refers to NFTs issued by the Company in relation to the Service.
"The Service Site" refers to the website operated by the Company for the Service.
"The Products" refers to all data sold to Users by the Company through the Service (including but not limited to The NFT).
"The Product Purchaser" refers to Users who purchase The Products through the Service.
"User Page" refers to a web page within The Service Site where Users can manage their registration information and view and manage the products they have purchased.
"GEEK" refers to the cryptocurrency issued by the Company that can be used on the Service.
"The Marketplace" refers to the platform service operated by the Company where the sale of The NFT by the Company and the sale and purchase of The Products among Users can be conducted.

Article 3 (Use of the Service by Minors)

When minors use this Service, all use of the Service (including agreeing to these Terms, which includes this Article) such as purchasing and using paid services (hereinafter referred to as "Paid Services") including cryptocurrency, points used within the Service, item purchases, etc., requires the consent of their legal guardian (parent, etc.).
When minors use Paid Services within the Service, they may only use the Service within the monthly usage limit amount separately determined by the Company.
If a minor uses the Service by falsely claiming to have the consent referred to in paragraph 1, or by falsely representing themselves as an adult through the input of their age or date of birth, etc., the Company will regard such actions as having employed deceit to make believe they possess legal capacity, and will not consent to the annulment of any and all legal acts made by such User within the Service.
If a User who was a minor at the time of agreeing to these Terms uses the Service after reaching adulthood, it will be deemed that they have ratified all legal acts related to the use of the Service performed while they were a minor.

Article 4 (User Registration)

Users shall obtain their own account by registering as a user in the Service and shall use the Service.
The user registration mentioned in the preceding paragraph may be automatically cancelled if there is a continuous period of non-use of the Service by the User, or other conditions posted on the Service by the Company are met.
When changing the device used for the Service, Users may continue to use their account on the changed device only by following the procedures specified by the Company (hereinafter referred to as "Account Transfer"). The scope of possible Account Transfers shall be determined by the Company.
In addition to the user registration stipulated in paragraph 1, when the Company requests registration of information (including personal information such as email addresses) during necessary procedures, Users shall register said information by the method separately specified by the Company.
Users guarantee that the information they register on the Service is accurate and not contrary to the facts.
Should any changes occur to the information registered by a User on the Service, the User must promptly carry out the change procedures by the method specified by the Company.
Users may register for only one account per person.
The Company may refuse the application for user account registration if it falls under any of the following items:
1. If the registration information provided to the Company by the user contains inaccurate or false information
2. If the user is a minor, adult ward, person under curatorship, or person under assistance and has not obtained the consent of their legal guardian, guardian, curator, or assistant
3. If the user has previously received a suspension of use or other disciplinary action from the Company due to a violation of the terms
4. If the Company determines that there is a possibility of the user's actions interfering with the operation of the Service, the provision of the Service, or the use of the Service by other users
5. If the user is considered to be an antisocial force (defined in Article 20, Paragraph 13) or a resident of a state supporting terrorism, etc. (defined in Article 21, Paragraph 2)
6. If the Company determines that the user may violate or is likely to violate the representations and warranties stated in Article 22
7. If the Company determines that there is a possibility of the Service being used for fraudulent or other criminal activities
8. If the Company determines that there is a possibility of the Service being used in a manner that violates the Contract
9. If the user has already registered an account
10. If the Company reasonably determines that it is inappropriate to approve the account registration for any other reason

Article 5 (Responsibility for Managing Login Information)

Users shall manage their account names, passwords, and other login information (hereinafter collectively referred to as "Login Information") at their own responsibility and shall not allow third parties (including other users; the same shall apply hereinafter) to use, share, lend, transfer, change names, or buy or sell them. Users shall bear all responsibility for damages arising from insufficient management of Login Information, errors in use, use by third parties, etc., and the Company shall bear no responsibility whatsoever.
Users shall bear all responsibility for the content and results of actions taken using their own Login Information, regardless of whether the user themselves performed the action.
The Company shall regard actions taken using a user's Login Information as the actions of the user who bears the responsibility for managing said information under paragraph 1, regardless of who actually used the Login Information to use the Service.
If a user forgets their Login Information, they must immediately notify the Company and follow the Company's instructions. The Company shall not be responsible for any disadvantages (including but not limited to the loss of game data as defined in Article 19) that may occur to the user due to the said forgetfulness.
The same shall apply if a user loses their Login Information due to unauthorized use, loss, theft, malfunction, or other reasons related to the management of the device used to access the Service.
If a user's Login Information is stolen, leaked, or found to be used by a third party, the user must immediately notify the Company and follow the Company's instructions. If theft, leakage of Login Information, or unauthorized use/access by a third party causes damage to the Company or a third party, the user shall compensate the Company or the third party for such damage, except when the occurrence of such damage is due to the intentional misconduct or gross negligence of the Company.
The Company shall not be responsible for any damage, including but not limited to theft, loss, or unavailability of cryptocurrency or NFTs (including The NFT) in the user's self-managed wallet, caused by malfunction, loss, attacks by malware, spyware, viruses, hacking/cracking, etc., on the user's communication device, poor management and errors in use of account information, or use by third parties, except in cases of intentional misconduct or gross negligence by the Company.
Data transfer of in-game points, etc., to a new communication device due to a change of the device used to access the account is possible by performing the transfer operation specified in the game. If the specified transfer operation in the game is not performed, data transfer cannot be done.
If the specified transfer operation mentioned in the previous paragraph is not performed, the user understands and agrees in advance that all data of in-game points, etc., obtained through purchase or gameplay may disappear without prior notice to the user.
Users shall not register and use multiple accounts. If it is confirmed that a user has registered and used multiple accounts, the Company may suspend all accounts registered by the user without notice. The user shall bear all responsibility for damages resulting from the suspension of such accounts, and the Company shall bear no responsibility.
Users shall not log into the Service using multiple devices simultaneously with one account. If using the account on multiple devices, the user must end the session on one device before logging into the account on another device.
The Company may delete accounts that have not been accessed for more than one year without prior notice to the customer.
All rights of the user to use the Service shall be extinguished when the account is deleted for any reason. Even if a user accidentally deletes their account, recovery of the account is not possible.

Article 6 (Integration with External Service Accounts)

The Company may offer a feature (hereinafter referred to as "External Service Integration") that allows the use of the Service with accounts and corresponding passwords (hereinafter collectively referred to as "External Account Information") of services operated by third parties other than the Company (hereinafter referred to as "External Services") instead of the user IDs normally issued in the Service.
Users wishing to use External Service Integration shall follow the procedures (hereinafter referred to as "Integration Procedures") set forth by the Company to link their External Service account, thereby making use of it.
Users consent to the Company obtaining the following information about the user (hereinafter referred to as "External Service Information") held by the operator of the External Service during or after the Integration Procedures, and to the possibility of the acquired information being displayed on the Service subsequently. The information to be acquired may change in the future due to the circumstances of the operators of the External Services.
Users are responsible for acquiring their account on the External Service and for the subsequent use of the External Service, in accordance with the terms and conditions set by the External Service.
The provisions regarding Login Information in the previous article shall apply mutatis mutandis to External Account Information.

Article 7 (Third-Party Services)

The use of the Service may require the use of services or systems provided by businesses other than the Company, as designated by the Company. The Company bears no responsibility for services or systems provided by businesses other than the Company.
Users understand that when using services related to the provision of the Service (including services related to blockchain), they must follow various terms and conditions applicable between the user and the provider of such services, and use such services after agreeing to these terms and conditions. The Company reserves the right to take any action, including suspension of the user's account, in case of breach or suspicion of breach of these terms and conditions by the user.
Users shall, at their own responsibility, prepare a self-managed wallet that can be used on the Service for using a self-managed wallet on the Service. Users must not share or transfer the self-managed wallet connected to the Service with third parties.

Article 8 (Intellectual Property Rights)

All rights, including copyrights, trademarks, and other intellectual property rights related to the Service and all programs, software, trademarks, trade names, and associated technology used in the Service and its servers, belong to the Company or third parties with legitimate authority.
Users may not use any information obtained through the Service in a manner that infringes on the copyrights of the Company or third parties, such as reproduction, publication, broadcasting, public transmission, etc., without prior written permission from the Company or third parties with legitimate authority.

Article 9 (Intellectual Property Rights and Licenses Related to the Products)

The intellectual property rights related to the Products or other works posted on the Service belong to the Company or third parties licensing to the Company, in accordance with copyright law and other applicable laws, and are not transferred to the purchasers of the Products. Except as provided in the following paragraph, purchasers of the Products must not replicate, distribute, repost, transfer, publicly transmit, modify, adapt, or otherwise secondarily use the Products.
The Company grants the purchasers of the Products a non-exclusive right to use the Products (including but not limited to the rights to replicate, transfer, modify, or publicly transmit) free of charge, within the scope necessary for the following actions:
1. Viewing, listening, and using the Products on the Service as intended by the Service.
2. Selling The NFT to other users on the Service under conditions and methods specified by the Company.
3. Using the individual Products in accordance with the license terms stated on the Service site.
Purchasers of the Products may use the Products they currently own within the scope specified in the preceding paragraph.
Users grant the Company the right to use and modify content contained in their user page (including text written by users and the user page itself) for promotion of the Company's services or other purposes deemed appropriate by the Company, free of charge. Users shall not exercise moral rights within the scope of such modifications.
The provisions of the preceding paragraph shall continue to be effective even after the termination of this Contract.

Article 10 (Posting Information)

The Service may provide functions (hereinafter collectively referred to as "Posting Functions") that allow multiple users to post messages or to bulletin boards.
Users bear all responsibility for the content of texts, images, or other information (hereinafter collectively referred to as "Posting Information") posted using the Posting Functions, and the Company bears no responsibility.
The Company may freely use, store, and accumulate Posting Information for the smooth operation and improvement of the Service and for promotional purposes (including the right to modify and use modified content).
If there are third parties with copyright and moral rights over the Posting Information, users must ensure these third parties have granted permission for the Company to use the information as described in the previous paragraph.
Users guarantee that the content of the Posting Information itself, and the use of the Posting Information by the Company as described in the previous paragraph, do not infringe on any third party's copyrights, trademarks, other intellectual property rights, privacy rights, rights of publicity, or any other rights or interests (hereinafter collectively referred to as "Intellectual Property Rights, etc.").
The Company may, if deemed necessary, review Posting Information and delete all or part of it.

Article 11 (Handling of User Information and Posting Information)

The Company may collect the following information from users in the Service (hereinafter referred to as "User Information"):
1. Nickname, email address.
2. Device information (device ID hash values such as UDID, device used, OS, device language setting, access country, etc.).
3. Usage of the Service (version of the Service, usage history, etc.).
4. External Service information.
If User Information or Posting Information constitutes personal information under the Personal Information Protection Law, the Company will handle such information appropriately in accordance with the privacy policy defined by the Company's affiliates (support_lastmemories_pre@lastmemories.io).
The Company will use User Information or Posting Information for the following purposes:
1. For identification.
2. For after-service and inquiries.
3. To provide notifications about the Service and other information about the Company's services.
4. To provide advertisements for third-party products or services.
5. To conduct surveys, contests, and campaigns.
6. To seek consent from users regarding the handling of personal information.
7. To investigate actions suspected of violating these Terms, etc., and other investigations and responses to protect the Company's rights.
8. For analysis of user trends and providing services and advertisements tailored to these trends.
9. To create statistical information related to the usage of the Service and to publish such information on the Service or the Company's website.
The Company may provide User Information or Posting Information to third parties in the following cases:
1. With the user's consent.
2. When disclosure is deemed necessary to provide services requested by the user.
3. When sending information related to advertisements and services of the Company or third parties to users.
4. For improving the Service, related business development, marketing purposes, etc., involving aggregation or analysis of Posting Information and User Information.
5. When outsourcing the handling of User Information or Posting Information to third parties.
6. When lawfully requested by courts, prosecutors, police, or similar authorities.
7. Under laws.
8. When necessary to protect life, body, or property.
9. When particularly necessary for improving public health or promoting the sound growth of children, and it is difficult to obtain consent from the person.
10. When necessary for cooperating with state organs, local governments, or their delegates in executing affairs prescribed by laws and obtaining consent could impede the execution of such affairs.
11. In case of disclosure to successors in business due to mergers, business transfers, or other reasons.
The Company may outsource the handling of all or part of User Information or Posting Information to third parties.
Users can request disclosure, deletion, correction, suspension of use, or suspension of provision of their registered User Information in the Service, and the Company will promptly respond to such requests, provided that the request can be confirmed to be made by the user themselves, in accordance with the methods defined in the Company's privacy policy.

Article 12 (enish ID)

The Company may assign a shared ID (hereinafter referred to as "enish ID") used for account interconnection features among multiple applications provided by the Company (including this Service, hereinafter referred to as "Company Apps") to users. The Company will not notify users of the enish ID assigned to them.
If a user has acquired accounts in different Company Apps through different methods, the Company may not be able to identify that the users of each Company App are the same person and may assign multiple enish IDs.
The Company may offer a portal site or application independent from Company Apps using the enish ID. In such cases, users agree to use the portal site and application in accordance with terms of use separately stipulated by the Company.
Users may share and use specified cryptocurrencies among multiple Company Apps associated with the same enish ID.
The Company may collect the following information about users and use it in other Company Apps associated with the user's enish ID:
1. Nicknames and other profile information related to user registration.
2. enish IDs of other users registered as friends.
3. Posting information.

Article 13 (Confidentiality of Communications)

The Company may view, disclose, or delete information related to the confidentiality of users' communications without prior notice to users in the following cases:

When there is a compulsory disposition or court order based on the Code of Criminal Procedure or the law concerning the interception of communications for criminal investigations, or other compulsory dispositions based on laws.
When the Company determines that the requirements for disclosure requests based on Article 4 of the Act on Limitation of Liability for Damages of Specified Telecommunications Service Providers and Disclosure of Identifying Information of Senders have been satisfied.
When the Company deems it necessary to protect someone's life, body, property, honor, privacy, etc.
When there is consent from the user.
When necessary for the appropriate operation of the Service.

Article 14 (Updates to the Service)

Users shall download the update program or data provided by the Company and keep the Service up to date when the Company releases an updated version of the Service. The Company does not guarantee that the update program or data will be compatible with all devices or will operate correctly.
When users connect to the server required for using the Service, the Company may require users to download an update program or data from the server side to optimize and update the user's client automatically.

Article 15 (Individual Paid Services)

The Company may offer a mechanism for users to apply to purchase cryptocurrencies, points, items, etc. (hereinafter referred to as "Paid Items, etc.") using payment methods and units determined by the Company.
Upon application by a user as described in the previous paragraph, the Company will provide Paid Items, etc., in accordance with the application content, provided that payment through the payment method chosen by the user can be confirmed.
If a dispute arises between a user and a third party involved in payment procedures, it shall be resolved between the parties, and the Company will not be liable except in cases attributable to the Company.
Users may not transfer, lend, or assign, convert to other cryptocurrencies, or receive a cash refund for Paid Items, etc., they own, except through legitimate features provided within the Service.
The Company will not refund any fees paid by users for any reason, except in cases attributable to the Company.
The Company will specify the usage period and other conditions for the use of Paid Items, etc., in the "Display based on the Payment Services Act" within the Service. Users shall purchase and use Paid Items, etc., in accordance with these specifications.
If there are defects in the provision of Paid Items, etc., the Company may substitute the provision of alternative products or services as a remedy for the defects.
Content displayed as prepaid payment methods in the "Information Provision based on the Payment Services Act" will be handled as prepaid payment methods under the Payment Services Act, and other in-game content purchased from such content will be considered provided once acquired, and not applicable as prepaid payment methods.

Article 16 (Sales of Products by the Company and Purchase of Products by Users)

When selling Products, the Company shall post information about the Products, their prices, and the sales period, etc., on the Service site and sell the Products to users by the methods prescribed by the Company.
Users who wish to purchase Products must understand and agree to the sales conditions set by the Company and enter the necessary information prescribed by the Company for the purchase. To purchase Products, users must manage their own self-managed wallet that is usable on the Service and comply with the connection of such wallet to the Service and other sales conditions set by the Company.
After satisfying the sales conditions set by the Company mentioned in the previous paragraph and entering the prescribed information, users shall transmit this information to the Company by the prescribed method. A sales contract for the Products between the Company and the user is established when the Company receives the transmitted information.
Users shall settle the payment for the Products based on the sales contract established in the previous paragraph by the method defined in paragraph 1.
After the sales contract for the Products is established as mentioned in paragraph 3, the Company shall register that the purchaser owns the Products on the purchaser's account and display this on the purchaser's user page, thereby completing the delivery of the Products to the purchaser. However, if the Product is an NFT, the Company can complete the delivery by sending the NFT to the purchaser's self-managed wallet.

Article 17 (User's Responsibility for Environment Setup)

The installation and setting of devices necessary for connection to the server, construction of communication environments, and expenditure of costs shall be the responsibility and at the expense of the user.
Except as expressly stated in these Terms, the Company will not compensate for any costs incurred by users due to the non-use or inability to connect to the server, or the non-use or inability to use the Service.

Article 18 (Changes to the Service)

Users shall not have any intellectual property rights or claims to any data constituting the Service, except for Posting Information made by the users themselves, and may use it only within the scope permitted by these Terms, etc.
The Company may delete, move, adjust the balance, or otherwise change all or part of the data constituting the Service without obtaining prior consent from users if deemed necessary for the smooth operation of the Service, if it is in the interest of a large number of users, or if the Company deems it necessary. However, the Company will announce in advance within the Service about changes that have a significant and adverse effect on users.

Article 19 (Handling of Game Data, etc.)

Game data and other statuses realized in the Service, including Products purchased by users, items owned within the Service, usage status of the Service, progress status of games within the Service, information posted within the Service (hereinafter referred to as "Game Data, etc."), may be deleted after a certain period set separately by the Company has elapsed from the last day the user used the Service. [However, this does not apply to cryptocurrencies and NFTs, etc.]
The Company does not guarantee that Game Data, etc., will be stored without defects or be retrievable, regardless of whether the period mentioned in the previous paragraph has elapsed.
The Company will not guarantee or restore app data, etc., that becomes unreadable due to changes in the user's device.

Article 20 (Prohibited Actions in Using the Service)

Users shall not engage in the following actions, or actions that have the potential to fall under these categories:

Actions that violate, or have the potential to violate, any laws or regulations (including laws, treaties, ordinances, and other publicly binding norms, regardless of their nomenclature), or actions that encourage or promote illegal activities.
Criminal activities and actions linked to criminal activities, as well as actions that encourage such activities.
Actions that infringe on the intellectual property rights of the Company or third parties.
Removing or altering copyright notices or other rights notices attached to the Service.
Disrupting the Company's operations through false declarations or fraudulent means.
Coercing the Company or third parties into obligations or actions without any legitimate reason.
Actions of slander, threats, discrimination, causing anxiety or discomfort, or other forms of harassment towards third parties (including but not limited to posting texts, images, drawings, or other expressions and information that are violent, grotesque, or generally unpleasant, as well as attacking specific or unspecified individuals or groups, or otherwise causing mental distress to third parties).
Defaming or slandering the content and operation of the Company, the Service, or any other services or products provided by the Company.
Selling, displaying, or transmitting advertisements for information or media that correspond to obscenity (including all expressions that the Company deems to stimulate sexual feelings, regardless of artistic value), child pornography or child abuse, or violates public order and morals.
Linking to adult sites, dating sites, age-restricted sites, etc., or otherwise leading or directing to such sites.
Soliciting relationships with the opposite or same sex, responding to such solicitations, or mediating information regarding such relationships.
Promoting, soliciting, or glorifying the use of narcotics, drugs, underage drinking, smoking, gambling, etc., or encouraging suicide or self-harm.
Collaborating with or involving in antisocial forces (defined by the Act on Prevention of Unjust Acts by Organized Crime Group Members, etc.), or recruiting for such forces.
Posting or registering information that includes false or misleading content.
Improperly collecting and using third-party personal information (including disclosing information within or outside the Service that can identify other users, but not limited to these instances).
Conducting business activities, fundraising, creating pyramid schemes, pre-election campaigning or other political activities, proselytizing or other religious activities (including advertising, promotion, solicitation, and the act of forwarding links to affiliate programs, but not limited to these).
Inviting or soliciting to services other than the Service.
Buying, selling, or trading in-game data, etc., for cash or equivalent value, except where legitimate functionality is provided within the Service.
Any act of promising to buy, sell, or trade as described in the previous item or any preparatory acts for such transactions (including actions taken for the purpose of auction listings, exchanging messages, etc., but not limited to these).
Engaging in spam activities as described below (including linking to web pages or programs that engage in such activities, but not limited to these):
1. Spam postings: Posting the same or similar texts, or sending emails, repeatedly by one or multiple users within the Service.
2. Spam words: Listing unrelated or marginally related phrases by one or multiple users within the Service, or posting excessively long texts or a large number of terms.
3. Spam URLs: Posting the same URL or sending it via email by one or multiple users within the Service.
Manipulating or altering any data constituting the Service in any way not permitted by these Terms, etc., or attempting such actions.
Modifying, reverse engineering, decompiling, disassembling, analyzing programs used in the Service, or utilizing the results of such actions by third parties for one's own benefit.
Using external tools (including but not limited to BOTs, cheat tools, or any external tools that illegitimately manipulate outcomes of the Service) not explicitly approved by the Company, applications, software, or technologies, or exploiting bugs or unintended functions of the Service to acquire game data, etc., or gain other benefits, or attempting such actions.
Transmitting computer viruses, sending excessively large data, or other actions that burden the server.
Bypassing, disabling, neutralizing, or otherwise circumventing technical measures implemented by the Company to protect the Service.
Connecting to the server by means not intended by the Company for the purpose of evading prohibited actions or for other illegitimate purposes.
Mediating or facilitating access to the Service through communication or other means.
Using the Service with multiple login information from the same or multiple devices, except as permitted by the Company.
Sharing one account among multiple people.
Using another person's account, with or without consent.
Operations performed by borrowing a device or lending it to a third party for such operations.
Intentionally providing or disclosing information about discovered bugs to third parties, other than reporting to the Company.
Impersonating Company executives, employees, designated customer support personnel, or any other third parties, or falsely claiming a partnership or cooperation relationship with third parties.
Encouraging or promoting the actions listed above to third parties, or any preparatory actions for such.
Altering or deleting information that can be utilized through the Service.
Acquiring Products through illegitimate methods, or acquiring or using Products known to be obtained through such methods.
Exchanging Products for cash or other economic benefits by means other than those prescribed by the Company.
Engaging in sham transactions or other deceptive or manipulative trading activities.
Engaging in actions for the purpose of manipulating the price of GEEK or NFTs, including spreading baseless facts to an unspecified number of people, engaging in fraudulent actions using deceptive methods, or making statements that unjustly incite others' gambling spirit.
Making false or misleading representations regarding transactions or important matters related to GEEK or NFTs.
Using GEEK or NFTs for gambling or betting activities.
Using NFTs as a payment method for goods, services, etc.
Lending, transferring, selling, etc., accounts or target data outside the Service to third parties.
Connecting wallets shared with third parties' secret keys to the Service, or sharing secret keys of wallets connected to the Service with third parties.
Engaging in or attempting double transfer of GEEK or NFTs.
Spam listing with the intention of appearing at the top of search results.
Using the Service for purposes other than those reasonably intended by the Company.
Registering multiple accounts for the purpose of engaging in the actions listed above.
Any other actions deemed inappropriate by the Company that hinder the operation of the Service.

Article 21 (Exclusion of Antisocial Forces)

The Company prohibits the use of the Service by antisocial forces, those closely associated with such forces (including those involved in providing funds or other benefits), and those equivalent to such forces. The Company may terminate the provision of the Service to a user without prior notice if it determines that the user falls under these categories. The Company shall not be liable for any damages or disadvantages incurred by the user due to this termination of service.
Users guarantee that they do not reside in countries under embargo by the United States government or designated as supporting terrorism by the United States government, nor are they individuals whose transactions are prohibited or restricted by the United States government (referred to as "Residents of Terrorism-Supporting Nations, etc.").

Article 22 (Representations and Warranties)

Users represent and warrant to the Company that their access and use of the Service are legal in their country of residence.

Article 23 (Compensation for Damages)

Users shall compensate the Company for any damages caused to the Company due to a breach of these Terms, or any other reasons attributable to the user.

Article 24 (Measures Against Violations)

If the Company deems that a user has violated these Terms or there is a risk of violation, it may take the following measures without prior notice to the user:
1. Changing or deleting all or part of the user information and posting information.
2. Suspending or restricting all or part of the functions provided in the Service or the ability to post data.
3. Deleting paid items or other game data.
4. Cancelling the listing of NFTs offered by the user and restricting access to the data related to the NFTs held or offered by the user.
5. Suspending the use of the Service (including forced withdrawal).
6. Reporting to the police or other public authorities if there is a possibility of criminal or administrative cases, including disclosing the violation facts within and outside the Service.
Deletion of user information and posting information as mentioned in item (1) above does not reduce or exempt the user's liability for uploading such information.
In case of a violation of these Terms, users shall, at the Company's discretion, implement measures reasonably necessary for compensating damages to the Company and third parties caused by the violation, returning unjust profits, and restoring the situation caused by the violation.
The Company may suspend or revoke the use of paid items held by the user without prior notice under the following circumstances or if the Company deems there is a possibility of such circumstances:
1. If paid items are acquired through improper means.
2. If paid items are unjustly granted due to system failure.
3. If the payment for paid items is not made.
In addition to the provisions of paragraph 1, the Company may suspend the use of the Service without prior notice to the user in the following cases:
1. If the user has not used the Service for a period separately defined by the Company.
2. If claims or complaints are made against the Company by third parties regarding the user's use of the Service, and the Company deems it necessary.
3. If the user does not pay for paid items.
4. If the user is found to be or have been an antisocial force or to have had capital or transactional relations with antisocial forces.
5. If there are falsehoods, errors, or omissions in all or part of the registration information.
6. If there is non-performance of monetary obligations.
7. If payment suspension or insolvency occurs.
8. If subjected to seizure, provisional seizure, provisional disposition, or other enforcement actions or delinquency procedures.
9. If bankruptcy proceedings, civil rehabilitation proceedings, or similar procedures are initiated.
10. If the user dies.
11. If there is a significant change in the user's credit status.
12. If the Company reasonably judges that the user is involved in or suspected of being involved in money laundering or financing terrorism.
13. If it is discovered or suspected that the user is impersonating another user.
14. If the Company is unable to contact the user for a certain period or loses contact.
15. If there is no use of the Service for a certain period since the last use.
16. If the user does not agree to changes in the Terms.
17. If the user has previously been restricted from using the Service or other services by the Company.
18. If the Company judges that there are reasons equivalent to the above.
19. If the Company reasonably determines that it is difficult to continue the contract with the user.
The Company is not obligated to disclose the reasons for taking measures under this article to the user.
The Company may refuse to provide the Service, including the Service mentioned herein, to users who have received a forced withdrawal penalty under paragraph 1, item (4). The Company may retain and use the personal information of such users to the extent necessary for this decision.

Article 25 (Changes, Interruptions, Termination, and Conclusion of the Service)

The Company may change, interrupt, terminate, or conclude the provision of the Service, in whole or in part, without prior notice to users. When changing or discontinuing the entire or part of the Service, the Company will endeavor to notify users in advance by a method deemed appropriate by the Company, as far as it is operationally possible. In this case, users understand and agree in advance that Products or related target data may be lost or become inaccessible.
The Company may update parameters or reset or change specifications to balance gameplay and game operation. Users understand and agree in advance that these updates or resets may affect the Products they hold, in-game characters or items, game balance, etc.
Changes or discontinuations based on paragraphs 1 or 2 are not considered a breach of obligation or illegal act by the Company, and the Company shall not be liable for any damages incurred by users as a result. Even if the Company is liable, the amount shall be limited to the actual direct and ordinary damages incurred by the user in the month immediately preceding the occurrence of the damage or 10,000 yen, whichever is higher.
The Company may temporarily interrupt or conclude the Service without prior notice to users under the following circumstances:
1. Regular or emergency maintenance of the Service equipment, etc.
2. When the provision of the Service becomes impossible due to server, communication line failures, or other reasons.
3. If the Company's assets are stolen through hacking or other methods.
4. If necessary to investigate unauthorized use of accounts.
5. If there is an anomaly in the system required for providing the Service.
6. If issues related to the handling of NFTs arise due to a hard fork or similar events.
7. If the provision of the Service becomes impossible due to legal or regulatory measures.
8. If it becomes difficult to continue operating the Service due to natural disasters, fires, power outages, wars, conflicts, riots, labor disputes, etc.
9. If the Company arbitrarily determines that it is necessary for operational or technical reasons.
The Company is not liable for any damages incurred by users or third parties due to changes, interruptions, terminations, or conclusions of the Service based on this article, except in cases attributable to the Company.

Article 26 (Disclaimer)

The Company shall not compensate or indemnify for any malfunctions or damages incurred by the user as a result of using the Service.
The Company bears no responsibility for damages incurred by the user or third parties due to the user's violation of these Terms or failure to perform designated procedures or security measures, regardless of the user's intent or negligence.
Users shall resolve inquiries and claims from third parties regarding their use of the Service at their own responsibility and expense; the Company bears no responsibility.
The Company is not liable for damages to users caused by system failures, communication failures, power outages, fires, natural disasters, wars, civil unrest, riots, labor disputes, etc., that render the operation of the Service impossible, except in cases attributable to the Company.
The Company does not guarantee the completeness, certainty, accuracy, validity, usefulness, or compatibility of the Service itself, the information provided by the Company to users in the Service, and the information recorded by users in the Service. The Company also does not guarantee that the Service does not infringe on the rights of third parties.
The Company is not responsible for maintenance, functional corrections, or user support related to the Service, except in cases attributable to the Company.
Users acknowledge that the amount charged at the time of purchasing paid items, etc., may differ from the displayed amount due to exchange rate fluctuations or other effects related to the payment method chosen by the user. The Company is not liable for the possibility of such effects.
The Company bears no responsibility for damages incurred due to the user's inability to connect to servers provided by third parties. Users are responsible for resolving such damages with the third party providing the server.
The Company is not liable for damages incurred by users due to malfunctions in the Service, except in cases attributable to the Company.
The Company bears no responsibility for damages incurred by users due to unauthorized access, computer virus intrusions, or acts by third parties.
Users acknowledge that the functions, various data, and all other services and information provided in the Service include developmental elements and may be updated daily due to other reasons. The Company does not guarantee the permanence of the service and information.
Except in cases of intentional or gross negligence, the Company is not liable for damages as detailed in the following items, regardless of the legal basis for claims:
1. Damages arising from the user's connection environment or failures in internet connection services.
2. Damages due to performance values of internet connection services, such as response times from the Service equipment.
3. Damages due to unauthorized access, attacks, or interception on communication routes by third parties that could not be prevented even with the care of a prudent manager.
4. Damages due to cyber attacks causing dysfunction in the distribution of goods.
5. Damages due to suspension or cancellation of account functions, in whole or in part.
6. Damages due to compulsory disposals based on laws or court orders.
7. Damages due to the establishment, abolition, or change in interpretation of laws, regulatory commands, self-regulation rules, etc. related to the Service (including retrospective effects).
8. Damages related to third-party websites or services.
9. Losses due to events related to blockchain, such as surges in network fees or the occurrence of hard forks, and delays (or lack of) in the Company's response to such events.
10. Losses due to vulnerabilities or malfunctions in blockchain, wallet software, or other related functions, and the Company's delayed response (or lack thereof) to such incidents.
11. Damages due to the corruption of wallet files.
12. Damages due to reasons not attributable to the Company, in addition to the damages listed above.
Users shall resolve disputes related to the Service, including those arising under the premise of future use of the Service, at their own expense and responsibility. The Company bears no responsibility.
In case of disputes resulting in damages to the Company (including legal fees), the disputing parties are jointly liable to compensate the Company for such damages.
The Company may, at its discretion, provide or assist in providing information regarding disputes between users and third parties to the third party without the user's consent.
Notwithstanding paragraph 1, if the Company is liable for damages to the user due to negligence (excluding gross negligence), breach of obligation, or unlawful acts, the amount of liability shall be limited to the direct and ordinary damages actually incurred by the user in the month immediately preceding the occurrence of the damage, or 10,000 yen, whichever is higher.

Article 27 (No Warranty)

The Company does not expressly or implicitly warrant that the Service, GEEK, NFT, target data, or blockchain are free from factual or legal defects, including deficiencies related to safety, reliability, accuracy, completeness, effectiveness, suitability for specific purposes, security, communication failures, inaccessibility, errors, bugs, computer viruses, infringement of rights, or loss of data created by users.
The Company does not guarantee that the sales contracts established for the products are free from invalidity, cancellation, rescission, or any other cause that impedes the establishment or validity of the contract.
Users are responsible for investigating at their own expense and responsibility whether the use of the Service violates any applicable laws, industry group internal rules, etc. The Company does not guarantee compliance with these regulations.
The Company does not guarantee that there will be no future enactment or changes in laws or related tax systems regarding NFTs and cryptocurrencies. Users understand and agree that regulations and policies related to blockchain technology are uncertain and that new regulations or policies could significantly impact the development and utility of the Service and NFTs. The Company may take measures such as restricting access to target data or making it non-public as necessary due to changes in laws.
The Company makes no warranties regarding the value, stability, and legality of GEEK and NFT.
The Company does not guarantee information obtained from websites linked from the Company's website if the Company's website contains links to other websites.
The Company does not guarantee that the Service and its associated services will continue to function in the future. Users understand and agree that they may become unable to access all purchased products on the Service, including NFTs and tokens, and that they will not receive compensation from the Company in such cases.

Article 28 (Withdrawal)

Users may withdraw from the Service following the Company's specified procedures. The Company considers a user to have withdrawn if they uninstall the Service. However, this does not apply if the user owes any outstanding obligations to the Company.
If a user uninstalls the Service or changes the device used to access the Service, all or part of the game data obtained by the user may be lost. The Company will not refund any unused paid items, etc. However, this does not apply if the account transfer specified in Article 4, Paragraph 3, is performed.
The Company is not obligated to retain user information, post information, app data, etc., related to withdrawn users.

Article 29 (Public Charges)

Users are responsible for public charges imposed on them. Users are also responsible for confirming the type and amount of public charges.

Article 30 (Other Precautions)

Users may only use the content provided in the Service within the scope defined by the Company.
The Company may distribute advertisements from the Company or third parties on the Service.

Article 31 (Support)

Users must contact or inquire about the Service using the method specified by the Company. The Company is not obligated to respond to contacts or inquiries made through other methods.

Article 32 (Prohibition of Transfer of Rights and Obligations)

Users shall not transfer, change the name of, pledge, provide as collateral, or otherwise dispose of all or part of their rights, obligations, and legal status under these Terms to third parties. However, this does not apply if there is a separate provision in these Terms or if there is prior written consent from the Company.
In the event of a business transfer involving the Service, the Company may transfer the position under this contract, rights and obligations under these Terms, and user information and other information related to users to the transferee of the business transfer, with users pre-agreeing to such transfer by consenting to these Terms. This provision includes all cases where the business related to the Service is transferred, such as company splits.

Article 33 (Validity of the Terms)

Even if any provision of these Terms is judged to be invalid based on laws, the remaining provisions of these Terms shall remain valid.
Even if any provision of these Terms is judged to be invalid or its validity is denied in relation to a certain user, it does not affect the validity of these Terms in relation to other users.

Article 34 (Governing Law and Jurisdiction)

These Terms shall be governed by and interpreted in accordance with Japanese law (Singapore law can be an alternative).
The Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction as the court of first instance for disputes related to these Terms.

enish, Inc.
Established on 2024/4/17

De:Lithe Last Memories Marketplace Terms and Conditions

Article 1 (Application of the Terms)

These terms are established as additional provisions to the "De:Lithe Last Memories User Terms of Use" (hereinafter referred to as the "Basic Terms") set by enish Inc. (hereinafter referred to as "the Company").
Users agree to these terms in addition to the Basic Terms when using De:Lithe Last Memories and its associated services.
In the event of any conflict between these terms and the Basic Terms, the provisions of these terms shall prevail.
Terms not defined in these terms shall be as defined in the Basic Terms.

Article 2 (Definitions)

The definitions of terms used in these terms are as follows:

"xGEEK (Free)" refers to the in-game points issued by the Company on this Service, which can be used within the Service, as outlined in Article 6.
"xGEEK (Paid)" refers to the in-game points issued by the Company on this Service, which can be used within the Service, as outlined in Article 7.
"Gems" refers to the in-game points issued by the Company on this Service, which can be used within the Service, as outlined in Article 8.

Article 3 (Primary Sales in the Marketplace)

The Company will sell NFTs to users in a manner specified by the Company. Specific sales content and methods will be separately posted on the Company's website (hereinafter referred to as "Primary Sales Specifications").
Users wishing to purchase NFTs must enter and submit the specified information in the manner prescribed by the Company.
A sales contract for the NFT between the Company and the user is established upon the Company's receipt of the submitted information. Once established, the sales contract cannot be canceled, rescinded, or annulled by the user, except as permitted by the Civil Code, Consumer Contract Law, other laws, and these terms.
Upon establishment of a sales contract, users must pay the purchase price for the NFT using a credit card or a cryptocurrency equivalent to the purchase price, to a wallet address specified by the Company.
After receiving the purchase price, the Company will send the NFT to a wallet address specified by the user.

Article 4 (Secondary Listings in the Marketplace)

Users owning items eligible for listing (hereinafter referred to as "Eligible Items") can apply to sell these items on the Marketplace in accordance with the method specified by the Company (hereinafter referred to as "Secondary Listing"). Eligible Items are locked and cannot be used or transferred while listed.
If a sales contract for the Eligible Item is established between the Secondary Purchaser (defined in the following article) and the Company, the Company will notify the Secondary Lister, thereby establishing a sales contract between the Secondary Lister and the Company. The payment to the Secondary Lister by the Company will be in xGEEK (Free) or Gems, after deducting specified fees from the amount paid by the Secondary Purchaser to the Company.
Upon establishment of a sales contract for the Eligible Item, the Secondary Lister must immediately transfer the item to the Company as specified. The Company will then make the payment to the Secondary Lister as specified.
Users cannot list NFTs or other digital items not approved by the Company for Secondary Listing on the Marketplace.
Secondary Listers represent and warrant that they have all necessary rights to sell the Eligible Items and that such sale does not infringe on the rights of third parties.
If a Secondary Lister violates these terms or the Company deems the listing inappropriate, the Company can suspend, cancel, or invalidate the listing without prior notice. The Company is not liable for any damages to the Secondary Lister or Secondary Purchaser unless caused by the Company's intentional or gross negligence.

Article 5 (User Purchases of Secondary Listed Items)

Users wishing to purchase Secondary Listed Items must select the item and perform operations specified by the Company. A sales contract between the Company and the user (hereinafter referred to as "Secondary Purchaser") is established upon the Company's notification.
Upon establishment of a sales contract, the Secondary Purchaser must pay the price using xGEEK (Paid) as specified by the Company. The Company will then provide the Eligible Item as specified, although technical reasons on the Service may delay delivery.

Article 6 (Paid xGEEK)

Users can acquire Paid xGEEK through the following methods:
1. By transferring GEEK, which the user holds in their self-managed wallet, to a wallet designated by the Company, thereby purchasing Paid xGEEK for their account.
2. By purchasing from the in-game store (Paid xGEEK acquired this way will be referred to as "Paid xGEEK (AppStore)" if purchased from the AppStore, and "Paid xGEEK (GooglePlay Store)" if purchased from the GooglePlay Store).
Paid xGEEK can only be used within the service for character development or other purposes specified by the Company.
Users operating on iOS cannot use Paid xGEEK (GooglePlay Store).
Users operating on Android cannot use Paid xGEEK (AppStore).
Users accessing the service via PC or the user page cannot use Paid xGEEK (AppStore) or Paid xGEEK (GooglePlay Store).
Users cannot exchange Paid xGEEK for GEEK or any other cryptocurrency. Also, the Company does not refund Paid xGEEK.
Users cannot transfer Paid xGEEK to other users or third parties.

Article 7 (Free xGEEK)

Users can acquire Free xGEEK through the following methods:
1. As rewards for using designated NFTs (hereinafter referred to as "Designated NFTs") that the user holds, in gameplay.
2. By selling eligible items on the marketplace.
Users can convert the Free xGEEK they hold into GEEK using the method specified by the service. However, the Company may set a limit on the amount that can be converted.
Free xGEEK can only be used within the service for character development or other purposes specified by the Company.
Users cannot exchange Free xGEEK for cryptocurrency, except for converting Free xGEEK to GEEK as mentioned above. Also, the Company does not refund Free xGEEK.
Users cannot transfer Free xGEEK to other users or third parties.

Article 8 (Gems)

Users can acquire Gems through the following methods:
1. As rewards for gameplay.
2. By selling eligible items on the marketplace.
Gems can only be used within the service for character development or other purposes specified by the Company.
Users cannot transfer Gems to other users or third parties.

Article 9 (Order of xGEEK Consumption)

When using both Paid and Free xGEEK for eligible services, they will be consumed in the following order automatically:

Paid xGEEK acquired most recently.
Older Paid xGEEK.
Free xGEEK.

Article 10 (Prohibited Actions in the Marketplace)

Users must not engage in the following actions or actions that may fall under these categories when using the marketplace:

Listing items on the marketplace without the intent to genuinely conduct a transaction.
Listing illegal items on the marketplace.
Misrepresenting the content, nature, or other information of items listed on the marketplace.
Providing only information that does not allow for a clear understanding of the content and nature of the listed items.
Listing items for the purpose of concluding contracts or transactions only with specific users.
Listing or attempting to purchase items on the marketplace in a manner that violates laws, these terms, or public order and morals.
Listing items not approved by the Company on the marketplace.

enish, Inc.
Established on 2024/4/17