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Terms of Use

The Terms of Use (here in after referred to as the “Terms”) set forth the matters to be observed by the Registered Users as well as the rights and obligations of BTCTrade.im. (here in after referred to as the “Company”) and the Registered Users with respect to the use of the sale or purchase of Bitcoin and other related service provided by the Company. Every user desiring to register for the service will be required to read through the entire text of the Terms carefully before agreeing thereto.

Article 1 Definitions

For the purposes of the Terms, the following terms shall have the meanings ascribed to them as follows:

• “Digital Asset" means bitcoins and other digital assets that may be purchased, sold or traded via the Services.

• “Digital Asset Account" means any Digital Asset address or account owned or operated by you that is maintained outside of the Services, and is not owned, controlled or operated by BTCTrade.im.

• “Website” means the website on the Internet operated by the Company with the domain of BTCTrade.im, including, without limitation, the new website in cases where the domain or contents of the Website are changed.

• “Applicant” means the “Applicant” defined in Article 3.

• “Registration Information” means the “Registration Information” defined in Article 3.

• “Registered User” means an individual or a corporation who is registered as a user of the Service in accordance with the provisions of Article 3.

• “Service” means the service of the sale or purchase of Bitcoin on the service named “Bitcoin exchange”, other related services provided by the Company including, without limitation, the new service in cases where the name or contents of the Service are changed.

Article 2 Scope of Application

• The Terms shall define the rights and obligations of the Company and the Registered Users (as defined in Article 2), and shall apply to any relationship between the Company and the Registered Users with respect to the use of the Service (as defined in Article 2).

• The rules and regulations concerning the Service which may be posted by the Company on the Website (as defined in Article 2) from time to time shall constitute part of the Terms.

Article 3 Registration

• Any person who desires to use the Service (hereinafter referred to as the “Applicant”) may apply to the Company for registration as a user of the Service by agreeing to abide by the Terms and providing the Company with the information required by the Company (hereinafter referred to as the “Registration Information”) in a manner specified by the Company.

• The acceptance or rejection of applications for the registration will be determined by the Company in accordance with the criteria established by the Company. The registration of an Applicant as a Registered User shall be deemed to have been completed when the Company issues to the Applicant a notice stating that the application has been accepted.

• The completion of the registration under Article 3.2 constitutes the execution of the Service Agreement between the Registered User and the Company with respect to the use of the Service in accordance with the provisions of the Terms, whereby the Registered User shall be entitled to use the Service in such a manner as specified by the Company from the date of the completion of the registration.

• The Company may reject the registration if:

• the Registration Information submitted to the Company contains, in whole or part, false or erroneous statements or omissions;

• the Applicant is a minor, an adult ward, a person under curatorship or a person under assistance, and has not obtained the necessary consent of his/her respective legal representative, guardian, curator or assistant;

• the Company determines that the Applicant is a member of antisocial forces (meaning gang groups, gang members, right-wing groups or other similar entities; the same shall apply hereinafter), or the Company determines that the Applicant is associated with or involved in antisocial forces in any manner such as cooperating or engaging in maintenance, operation, management of antisocial forces through funding or any other method; or

• the Company otherwise determines that the registration would be inappropriate.

• The national or resident of any Restricted Locations.

Article 4 Changes in Registration Information

In the event of any change in the Registration Information, the Registered User shall promptly notify the Company of such change in accordance with the procedure specified by the Company and submit to the Company the required information.

Article 5 Management of Password and User ID

• The Registered User shall be fully responsible for the security and safekeeping of his/her password and user ID and the Registered User shall not cause or permit any third party to use the password or user ID nor shall it loan, assign, or cause to be owned in the name of another person or to be sold or purchase the password or user ID or otherwise cause the password or user ID to be an object of any activity similar to the foregoing.

• The Registered User shall be responsible and liable for any damage incurred by the Registered User as a result of inadequate management, wrong or improper use, or the use by a third party of the password or user ID. In no event shall the Company be responsible or liable for such damage.

• In cases where the password or user ID is found to be stolen or used by a third party, the Registered User shall immediately notify the Company to that effect and follow the instructions provided by the Company.

Article 6 Fee

• The Registered User shall pay to the Company the fee for the Service (hereinafter referred to as the “Fee”) specified in the list of Fees by the Company.

Article 7 Use of the Service

• During the period of valid registration as a Registered User, the Registered User shall have the right to use the Service in such a manner as directed by the Company in accordance with, and within the scope of, the Terms.

• The Registered User shall, with its own costs and responsibilities, prepare and maintain computers, software and other devices, and telecommunication lines and other communication environments which are necessary to use the Service.

• The Registered User shall, with its own costs and responsibilities, prepare and maintain security systems suitable for the Registered User’s environment for use of the Service to avoid computer virus attacks, unauthorized access, information leakage, etc.

• The following are the terms and conditions applied to sales on BTCTrade.im.

• BTCTrade.im provides a place where a Registered User who intends to sell Bitcoin (hereinafter referred to as the “Seller”) may meet a Registered User who intends to buy Bitcoin (hereinafter referred to as the “Buyer”) in principle, the Company shall not be a party to the sales of Bitcoin, excluding exceptional cases where the Company is a party to the sales of Bitcoin.

• The Seller and the Buyer may place the order of sales of Bitcoin in such a manner as directed by the Company. The price of the sales shall be determined to be the price agreed between the Seller and the Buyer, and the Company shall in no event be responsible or liable for such price.

• The sales agreement of Bitcoin between the Seller and the Buyer shall be deemed to be entered into when the price is agreed between both parties. The Registered User shall agree in advance to be bound by the terms and conditions as of the effective time of the sales agreement, and not to cancel thereafter.

• The followings are the terms and conditions applied to sales in the Bitcoin Market.

• Registered Users may place an order of sale or purchase of Bitcoin in such a manner as directed by the Company. The price of the sale or purchase of Bitcoin shall be determined in such a manner as set forth by the Company, and the Registered User shall make no claim against such price.

• The sales agreement of Bitcoin between the Registered User and the Company shall be deemed to be entered into when the price is determined pursuant to the preceding paragraph. The Registered User shall in advance agree to be bound by the terms and conditions as of the effective time of the sales agreement, and not to cancel thereafter.

Article 8 Prohibited Activities

• The Registered User shall be prohibited from engaging in any of the following activities with respect to the use of the Service:

• to perform any act which would infringe any Intellectual Property Rights, portrait rights, privacy rights, credits, or other rights or interests of the Company, other users of the Service or other third parties (including any act which raises such infringement directly or indirectly);

• to perform an act associated with a criminal act, or an act against public order and good morals;

• to transmit information related to relationships with people of the opposite sex;

• to perform any act which violates any law or regulation, or the internal rules of the entity of which the Company or the Registered User is a member;

• to transmit information containing computer viruses or other harmful computer programs;

• to modify information which can be used for the purpose of the Service;

• to transmit through the Service data the volume of which is larger than the size of data specified by the Company;

• to perform any act which is likely to interfere with the operation of the Service by the Company;

• to perform any other acts determined by the Company to be inappropriate.

• In cases where the Company determines that the act of the Registered User falls or is likely to fall under any of the items of Article 8.1, the Company may, at its sole discretion, delete all or part of such information transmitted by the Registered User, suspend or cancel the account of the Registered User or confiscate Bitcoin owned by the Registered User without any prior notice to such Registered User. The Company shall in no event be responsible or liable for any damage incurred by the Registered User as a result of an action taken by the Company pursuant to this Article 8.2.

Article 9 Discontinuation or Suspension of the Service

• In the event of any of the following circumstances, the Company shall reserve the right to permanently discontinue or temporarily suspend all or part of the use of the Service without prior notice to the Registered User:

• When the Company conducts scheduled or unscheduled inspections or maintenance of the computer systems relating to the Service;

• When a computer or telecommunications network ceases to operate or function as a result of an accident;

• When the operation of the Service becomes difficult due to fire, power failure, natural disaster, or any other cause of force majeure;

• When the Company’s property is stolen by way of hacking or other methods;

• When troubles of the evaluating system or any other system necessary for the provision of the Service occur;

• When the Company inspects unauthorized usage of an account, etc; or

• When for any other reason the Company determines that the discontinuation or suspension will be necessary.

• The Company may, in its discretion, terminate the provision of the Service. In this case, the Company gives prior notice to the Registered User.

• The Company shall not be responsible or liable for any damage incurred by the Registered User as a result of any action taken by the Company in accordance with this.

Article 10 Warning for Downloading, etc.

In cases where at the commencement of or during the use of the Service the Registered User installs software or programs from the Website into his/her computers by way of downloading or other means, the Registered User shall exercise due care in order to prevent the loss or alteration of the information held by it, or any fault or damage to his/her equipment. The Company shall in no event be responsible or liable for such loss or damage incurred by the Registered User.

Article 11 Ownership and Intellectual Property Rights

• All ownership rights and Intellectual Property Rights in and to the Service and the Website shall vest in the Company or its licensors, and the use of the Service permitted through the registration under the Terms shall not be construed as granting any license with respect to the Website or the Service under any Intellectual Property Rights held by the Company or its licensors. The Registered User shall not, for any reason whatsoever, perform any act which would infringe any Intellectual Property Rights of the Company or its licensors, including, without limitation, disassembling, decompiling, or reverse engineering.

• The Registered Users shall grant to the Company the non-exclusive, sublicenseable and royalty-free license to copy, reproduce, modify or otherwise use in all forms the texts, graphics, videos and other data uploaded or transmitted in the Website or the Service by the Registered User.

Article 12 Cancellation of Registration

• The Company may suspend temporarily the use by the Registered User of the Service or cancel the registration of the Registered User without any prior notice if:

• the Registered User violates any provision of the Terms;

• the Registration Information is found to contain false information;

• the Registered User uses or attempts to use the Service for such purposes or in such a manner as would cause damage to the Company, other Registered Users or other third parties;

• the Registered User interferes with the operation of the Service by any means;

• payment by the Registered User is suspended, or the Registered User becomes insolvent, or an application for a proceeding for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or other similar proceedings is instituted with respect to the Registered User;

• the Registered User dishonors any note or check issued or accepted by it;

• a petition is filed against the Registered User for attachment, provisional attachment, provisional disposition, judicial enforcement or an auction sale;

• the Registered User becomes subject to the procedures for tax delinquency;

• the Registered User dies or is subject to an order for the commencement of guardianship, curatorship, or assistance;

• the Registered User has not used the Service for a period of three (3) months or more, and has not responded to any communication from the Company;

• the Registered User falls under any of items of Article 3.4;

• the Registered User communicates with the Company or the Company’s employees in an overbearing manner by means of telephone, fax, e-mail, message or other communication tools; or

• the Company determines for any reason that the continuation of the registration of the Registered User would be inappropriate.

• In cases where the Registered User falls under any of items of Article 12.1, any and all monetary debt of the Registered User to the Company shall become forthwith due and payable, and the Registered User shall immediately pay such monetary debt.

• The Company shall in no event be responsible or liable for any damage incurred by the Registered User as a result of any action taken by the Company in accordance with the provisions of this Article 12.

• The Registered User may cancel his/her registration as a Registered User by sending with fourteen (14) days prior notice a request of cancellation of the registration to the Company in accordance with the procedures specified by the Company.

Article 13 Disclaimer and Limitation of Liability

• The Company makes no warranty and does not assume any liability, including, without limitation, warranty against defects with respect to the sale or purchase of Bitcoin, other related service, or the value, function, availability and usage of Bitcoin. Except as expressly provided for in the Terms, the Company makes no other warranties to the Registered User even in cases where the Registered User has acquired from the Company, directly or indirectly, any information concerning the Service or other Registered Users.

• The Company provides the service of the exchange of Bitcoin, and the service which provides a place where Registered Users may exchange Bitcoin with each other, and the Company is not obliged to establish sales agreements. Therefore, the Company shall not be responsible or liable for the damage incurred by the Registered User resulting from failure of establishment of a sales agreement or invalidity, rescission, cancellation or any other event which interrupts establishment or validity of the sales agreement between the Registered Users.

• The Registered User shall investigate at his/her own expense and responsibility to determine whether or not his/her use of the Service will violate any law or regulation applicable to the Registered User or the internal rules of the entity of which the Registered User is a member, and the Company makes no warranty that the use of the Service by the Registered User will comply with the laws and regulations applicable to the Registered User and the internal rules of the entity of which the Registered User is a member.

• The Registered User shall, with his/her full responsibility, treat and resolve all transactions, communications, disputes, etc. in connection with the Service or the Website which arise between the Registered User and other Registered Users or other third parties. In no event shall the Company be responsible or liable for them.

• In no event shall the Company be responsible or liable for suspension, discontinuation, unavailability or modification of the Service caused by the Company, deletion or loss of any message or information from the Registered User, cancellation of the registration of the Registered User, loss of data or failure of or damage to equipment through the use of the Service, or any other damage incurred by the Registered User in connection with the Service.

• Even if the Website contains links to and from other websites on the Internet, the Company shall not, for any reason, be responsible for any websites other than the Website or any information obtained therefrom.

• The Company may cancel the agreement caused by a system malfunction with respect to Bitcoin in the Service. In no event shall the Company be responsible or liable for the damage incurred by the Registered User resulting from such cancellation or any other matter related to the Service.

• In no event shall the Company be responsible or liable for damage incurred by the Registered User caused by future amendment of the law, cabinet order, regulation, ordinance, order, circular notice, prefectural ordinance, guideline or other rule (collectively, the “Law”) or future amendment of applicable taxation system including the same for consumption tax.

• If future amendment of the Law or applicable taxation system including the same for consumption tax has retroactive effect, the Company shall not be responsible or liable for the damage incurred by the Registered User caused by such retroactive effect.

Article 14 Resolution of Disputes and Indemnity

• The Registered User shall indemnify and hold harmless the Company from and against any damage incurred by the Company as a result of any breach by the Registered User of any provision of the Terms or resulting in connection with the use by the Registered User of the Service.

• In no event shall the Company be responsible or liable for the damage incurred by the Registered User in connection with the Service. Even if the Company is responsible or liable, regardless of provisions disclaiming liabilities of the Company such as this Article 14.2, for the damage by the application of Consumer Contract Law or other reasons, the responsibility and liability of the Company for the damage is limited to the total amount that the Company receives actually from the Registered User during the last one (1) month before the date on which the cause of such damage occurs.

Article 15 Confidentiality

• For the purposes of the Terms, “Confidential Information” means any and all information related to technology, business, operation, finance, organization, etc. of the Company which may be provided or disclosed by the Company to, or come to the knowledge of, the Registered User in connection with the Terms or the Service in writing, orally or in storage media, etc., but excluding information (1) which is generally available to the public or known to the Registered User at the time when the information is provided or disclosed by the Company to or comes to the knowledge of the Registered User; (2) which becomes publicly known through publication or otherwise without fault of the Registered User after the information is provided or disclosed by the Company to or comes to the knowledge of the Registered User; (3) which the Registered User has lawfully acquired without any obligation of confidentiality from a third party authorized to provide or disclose the information; (4) which the Registered User has developed independently of the Confidential Information, or (5) which is confirmed by the Company in writing to be excluded from the obligation of confidentiality.

• The Registered User shall use the Confidential Information of the Company solely for the purpose of using the Service hereunder, and shall not provide, disclose or divulge the Confidential Information of the Company to any third party without the Company’s prior written consent.

• Notwithstanding the provision of Article 15.2, the Registered User may disclose the Confidential Information of the Company when such disclosure is required by law or by an order, requirement or request of a court or governmental authority; provided, however, that such order, requirement or request shall be promptly notified to the Company by the Registered User.

• At any time upon request of the Company, the Registered User shall promptly return to the Company or destroy the Confidential Information of the Company and the documents or other storage media containing or including the Confidential Information along with all reproductions thereof in accordance with the instructions of the Company.

Article 16 Effective Term

The Service Agreement shall become effective on the date of the completion of the registration pursuant to Article 3 in respect of the Registered User, and remain in force and effect between the Company and the Registered User until the termination of the registration during the provision of the Service.

Article 17 Amendment and Changes to Terms, etc.

• The Company reserves the right to make amendments or changes to the contents of the Service without restriction.

• The Company reserves the right to make amendments or changes to the Terms (including, without limitation, the rules and regulations concerning the Service which may be posted on the Website; the same shall apply hereinafter in this Article). In the event of any amendment or change to the Terms, the Company shall notify the Registered User to that effect. If the Registered User uses the Service, or fails to take steps to cancel the registration within the time specified by the Company after the notice set forth above, the Registered User shall be deemed to have agreed to such amendments and changes made to the Terms.

Article 18 Notice

• Any inquiries with respect to the Service or other communications or notices from the Registered Users to the Company, or the notices concerning any amendment to the Terms or other communications or notices from the Company to the Registered User shall be made in accordance with the procedures specified by the Company.

• Cancellation of Registered Users shall be made in accordance with the Terms.

Article 19 Resolution Through Discussion

Any matters not provided for in the Terms or those giving rise to any doubts with respect to the interpretation of the Terms shall be promptly resolved through good faith discussions between the Company and the Registered User.

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