Article 1 Definitions
For the purposes of the Guideline, the following terms shall have the meanings ascribed to them as follows:
- "Service" means the crowdfunding service and other related service named fundFlyer provided by the Company including, without limitation, the new service in cases where the name or contents of the Service are changed.
- “Service Agreement” means the agreement to be executed between the Company and the Registered User pursuant to Article 2.3 with respect to the use of the Service under the provisions of the Guideline.
- "Project" means a crowdfunding project arranged by Project Owner (defined in the following section) in fundFlyer.
- "Project Owner" means an individual or a group who arranges a crowdfunding at fundFlyer, and manages the Project by asking for Bitcoin from Supporters (defined in the following section).
- "Supporter" means an individual or a group who support a Project by purchasing a Gift (defined the following section) from or making a Bitcoin donation to the Project Owner.
- "Gift" means deliverable or result report provided to Supporters once the Project is established and carried out.
- "Project Established" means the funded Bitcoin from Supporters reached the target amount within the deadline shown in the Project.
- "Deadline" means from posting the Project to fundFlyer until the date that Gifts can no longer be purchased or donations can no long be made.
Article 2 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 Guideline.
- Project Owners and Supporters are required to register as a user of bitFlyer. Those who are not bitFlyer users may not use this Service.
- The completion of the registration under Article 2.1 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 Guideline, 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.
Article 3 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 Service. Except as expressly provided for in the Guideline, 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.
- Any buy/sell contract or donation agreement (execution, retraction, cancellation, termination, etc.) related to support of a Project by the Registered User shall be the responsibility of the concerned parties (or but not limited to a related third party (hereinafter referred to as the Registered User, Etc.), and the Company shall not be involved in any way in fulfilling the obligations of the contract between the concerned parties to retract, cancel midway, terminate, change, refund, warrant, etc.
- The company does not assume responsibility for damages caused or triggered by information offered through the Service, results obtained through use of the information, the legality or morality of the information, consent of right, accuracy, any and all contracts between Project Owner and Supporter including buy/sell orders or donation agreements.
- In no event shall the Company be responsible or liable for damages resulting from cessation, suspension, or change in service contents of the Service.
- In no event shall the Company be responsible or liable for problems (proposing activities which are illegal or go against the public order and decency, libel, insult, threat, malicious slander, harassment, etc.) arising between the Registered User and third parties with respect to the service offered by the Company.
- Any problems which may arise between the Project Owner and Supporter with respect to gifts are to be resolved between the concerned parties and in no event shall the Company be responsible or liable.
- The Company makes no guarantee regarding the delivery by the Project Owner of any gift purchased or accepted by the Supporter or the quality of the gift's contents. Even if the Project is established, this in no way guarantees that the Project will succeed according to plan, and the Company shall in no event be responsible or liable for non-delivery of the gift to the Supporter, or gift contents or quality differing from what was stated on the Project page due to failure of the Project or other reasons.
- bitFlyer makes no guarantees for taxes incurred by or any necessary accounting for the Supporters or the Project Owner. We are not responsible for any matters involving taxes or accounting for Supporters or Project Owners.
Article 4 Project
- The Project Owner shall apply for his/her Project according to the process defined by Company, and he/she can start posting Project details in fundFlyer and crowdfunding only if the Project passed the Company's screening.
- In the case that the Project Owner presents a Project or post project explanation which violates (or potentially violates) this Guideline, the Company shall have a right to hide or delete the related explanation without any prior notice, or cancel the Project Owner’s account. The Company shall in no event be responsible or liable for any damage incurred by the Project Owner as a result of an action taken by the Company pursuant to this Article.
- The Project Owner shall not post any false statements or omissions regarding Project content, pictures and movies.
Support to Project
- In case Supporters agree with the Project concept and wish to support it, they can participate in the Project by purchasing Gifts provided by Project Owner or by donating Bitcoin. The deadline shall be written on each Project Detail page.
- When a Supporter purchases a Gift or makes a donation, the required amount of Bitcoin will be paid instantly from Supporter's bitFlyer account.
- In case the Bitcoin balance in the Supporter's bitFlyer account is not sufficient to purchase the Gift or make a donation, the Supporter can not purchase the Gift or make the donation.
- Supporters purchasing Gifts or making donations shall be considered to agree to provide the required personal information written in the Project from the Company to Project Owner in the case of Project completion.
- Purchased Gifts or donations made cannot be cancelled for any reason.
- At the time the Project is established or before the deadline, funds will be moved between the Supporters and the Project Owner based on whether the “purchase model” or “donation model” is being used. For “purchase models”, the funds are moved as a buy/sell order. In the case of the “donation model”, funds are moved as a donation order. Project completion means the timing that collected Bitcoin from Supporters reached the target amount.
- The Project Owner cannot cancel the Project once the Project has started and until it is established, or after Project completion.
- Collected Bitcoin from Supporters will be sent to Project Owner after the deadline only in the case that the Project is established. However, it is possible to designate a specific project to pay the project owner in JPY instead.
- In the case of Project completion, the Project Owner shall provide the purchased Gifts to Supporters.
- Even if the Project is established, because of "considered risk" shown in the Project page or for other reasons, there may be cases where the Gift is not provided. The Company shall in no event be responsible or liable for this case.
Article 5 Usage of Registration Information/Personal Information
- The relevant personal information provided by the Supporter shall be made available to the Project Owner only after the Supporter agrees to these terms and purchases the gift, and the Project is established.
- The Project Owner shall receive the relevant personal information of the Supporter from the Company only once the Project is established. This personal information shall be used solely for delivering the gift or for other such related communication, and shall promptly be disposed of once no longer of use.
- The Project Owner shall take the responsibility at his or her own expense to manage the Supporter's personal information, and shall not allow its usage, lend, transfer, sell/buy, pawn, publicize, etc. to third parties without the Supporter's consent.
- The Project Owner shall be responsible for any damage caused by leakage of information, incorrect usage, usage by the third party, illegal access and others because of Project Owner's insufficient management of personal information, and the Company shall in no event be responsible or liable for it. In the case the Company suffers from damage because the information is illegally used, the Project Owner shall compensate the Company for its loss.