Jizo Cats Terms of Use

Welcome to the Jizo Cats website (the “Website”), owned and operated by Kevin Riley (the “Owner”), founder and creator of Jizo Cats. Please read the following terms and conditions (the “Terms”) carefully before accessing the Website, as they contain important information that affects your legal rights. By accessing the Website, you (the “User”) agree to be bound by the Terms herein.

If you disagree with, and don’t accept, any of these Terms, please do not use this Website.

1. Definitions

“Terms” means the entire contents of this document.
“Website” means the Jizo Cats website, including all of the pages hosted at jizocats.kinsta.cloud
“Owner” means Kevin Riley, the founder and creator of Jizo Cats, and owner of the Website.
“User” means anyone accessing any of the pages on the Website.
“Approved Marketplace” means the popular and secure OpenSea marketplace, operated by Ozone Networks, Inc.
“NFT” means a non-fungible token, tracked and recorded on the relevant blockchain.
“Owned NFT” means an NFT that has been minted, purchased, or otherwise acquired from a legitimate source, and whose current ownership is recorded on the relevant blockchain.

2. Use of the Website and Limitations of Liability

The Website does not cater to minors. Users under the age of 18, or the age of majority in the User’s jurisdiction, may only use the website with the permission and active involvement of a parent or legal guardian. Users under the age of 18, or the age of majority in the User’s jurisdiction, must not provide the Website or other Users with any personal information.

The information on the Website is provided on an “as is” basis. The User agrees that their use of the Website is at their own risk, and assumes total responsibility and risk for their use of the Website.

The content on the Website may contain inaccuracies or typographical errors. The Owner makes no guarantees about the accuracy, completeness, reliability, timeliness, or other conditions of the content on the Website, nor does the Owner make any guarantees about the results obtained from using information presented on the Website.

Information on the Website should not be construed to be professional advice and, therefore, should not necessarily be relied upon as the sole source of information. The Owner does not guarantee the accuracy or completeness of the information provided on the Website, and is not responsible for any loss resulting from reliance upon the information.

The Owner disclaims all warranties of any kind, including, but not limited to, any express warranties, implied warranties, or statutory warranties. The Owner does not warrant that the Website will be error-free.

If the User’s jurisdiction does not allow limitations on warranties, the User cannot use the Website.

Under no circumstances will the Owner be liable or responsible for any incidental, consequential, indirect, or other damages, including, but not limited to, loss of profits, business interruption, or loss of information, occurring due to the use of the Website or any of the information obtained from the Website.

3. Website Availability & Modifications

Although the Owner attempts to provide continuous availability of the Website to all Users, the Owner cannot guarantee that the Website will always be available or accessible at any particular time. The Owner reserves the right to modify, update, alter, or remove portions of the website at any time.

4. External Links

The Website may contain links to other websites. When accessing a third-party website via a link on the Website, the User does so at their own risk. The Owner does not control or endorse external websites.

The Website uses the Approved Marketplace for minting, selling, and otherwise transacting Jizo Cats NFTs. When using a link on the Website to access the Approved Marketplace, the User is also agreeing to the terms of use of the Approved Marketplace.

5. Anti-Spam Policy

The Owner fully endorses and complies with the requirements of the CAN-SPAM Act of 2003, and all other laws governing commercial email. When the User subscribes to get email notification, a newsletter, or any other communication from the Website, the User will always have an easy option to unsubscribe immediately at any time.

For more information, please see also the Jizo Cats Privacy Policy.

6. Intellectual Property

All content, including, but not limited to, images, videos, and written content, is the intellectual property of the Owner. The intellectual property on the Website is protected in various ways, including, but not limited to, copyrights, trademarks, service marks, and other rights and laws. The User acknowledges and agrees to respect all intellectual property on the Website. The User also agrees to not modify, in any way, any of the intellectual property on the Website, or otherwise create any derivatives of any of the content on the Website.

No part of the Website may be reproduced or transmitted in any form, or by any means, mechanical, electronic, or otherwise, including, but not limited to, printing, photocopying, email, and information storage and retrieval systems, or used in any other fashion, without the express written permission of the Owner.

This excludes the downloading and temporary storage of any of the pages on the Website done by the User’s browser for the explicit purpose of viewing the Website. This also excludes any images, videos, written content, or other content that is clearly marked as reproducible and/or shareable.

DMCA & Copyright Issues

The Digital Millenium Copyright Act (“DMCA”) of 1998 details a system of legal requirements for dealing with any claims of copyright infringement. The Owner complies with the DMCA, and responds to any claims of alleged infringement, made by any User who is the bona fide owner of copyrighted material and has a good faith belief that their copyright has been infringed upon by any content shared on the Website, whether by the Owner or another User.

The Owner is committed to complying with all copyright laws. Upon receipt of a properly filed claim under the DMCA, the Owner will block access to the infringing material and forward a copy of the claim to the alleged infringer. If, however, the alleged infringer believes in good faith that the clai9m has been wrongfully filed against them, they may submit a counterclaim to the Owner.

Please send any DMCA notifications to the Owner at:

Kevin Riley
White Heights 202
Ikuno Nishi 2-1-3, Ikuno-ku
Osaka 544-0024
JAPAN

To file a claim of copyright infringement with the Owner, the User must provide a written claim that gives sufficient details about the copyrighted work that has allegedly been infringed upon, includes the URL of the page(s) where the allegedly infringing material is located, provide an address, email address, and phone number where the User can be contacted.

The claim must also bear the following statement: “I swear, under penalty of perjury, that the information in this claim is accurate and that I am the copyright owner or person authorized to act upon the behalf of the copyright owner. I also confirm that I have a good faith belief that use of the material in question has not been authorized by me, my agent, or the law.”

The claim must be signed by the copyright owner or a person authorized to act upon the behalf of the copyright owner.

The User should be advised that the person making a claim of copyright infringement will be liable for damages, which include, but are not limited to, attorney’s fees and other costs incurred by the Owner, if the User materially misrepresents that the Website, or any content found on the Website, is infringing upon their copyright. Therefore, if the User is not sure whether or not certain material is protected by copyright laws, it is advisable to first contact an attorney before making a claim of copyright infringement.

7. Governing Law & Dispute Resolution

The User agrees to obey all applicable laws while using the Website.

The User acknowledges and agrees that the Terms that set out the terms and conditions of use of the Website are governed by the laws of Osaka Prefecture in Japan, without regard to conflict of law principles.

The User also acknowledges and agrees that any dispute between the User and the Owner, excluding any copyright infringement claims pursued under the DMCA, must be initiated within one year after the cause of action occurred, or be forever waived, and any legal claim shall be subject to the limitations set forth in the Terms. Any dispute between the User and the Owner shall be settled solely by confidential and binding arbitration, conducted in Osaka, Japan. Each party shall bear one half of the arbitration fees and costs incurred, with each party responsible for their own attorney fees. All claims shall be arbitrated on an individual basis, without consolidating with any other claim or controversy.

8. Jizo Cats NFTs

Jizo Cats NFTs are not minted, sold, transferred, or stored on the Website. All transactions of Jizo Cats NFTs are conducted on the Approved Marketplace, and transactions and ownership are recorded on the relevant blockchain. The User acknowledges and agrees that the Owner cannot be held responsible or liable for any losses incurred when minting, buying, selling, and transferring Jizo Cats NFTs on the Approved Marketplace, nor for any losses incurred by the User when storing an Owned NFT in a digital wallet or other storage unit.

The Owner cannot, and does not, guarantee the future value of any Owned NFT, due to the variables detailed below. When minting or purchasing a Jizo Cats NFT, the User acknowledges and agrees that they are solely responsible for determining the suitability of a Jizo Cats NFT as an investment.

For details about the Users rights to use the artwork of their Owned NFT, please see the Jizo Cats Licensing Agreement.

When minting, purchasing, or re-selling a Jizo Cats NFT, the User does so in compliance with the terms and conditions of use of the Approved Marketplace.

Assumption of Risk

When minting, purchasing, trading, selling, or otherwise transacting a Jizo Cats NFT, the User acknowledges and agrees to the following:

i) due to the volatile nature of the value of blockchain assets, fluctuations in prices could adversely affect the value of an Owned NFT. The Owner cannot guarantee future value of an Owned NFT.

ii) due to the risks associated with Internet-based currencies, including, but not limited to, the risk of software or hardware malfunction, Internet connections, malicious software, and unauthorized third-party access to the User’s digital wallet, the Owner cannot be held responsible for any loss experienced when holding or transacting an Owned NFT on the relevant blockchain.

iii) any taxes that apply to transactions of an Owned NFT are the sole responsibility of the User. All NFT transactions are conducted on the Approved Marketplace, with no transactions connected to the Jizo Cats website, and the Owner is not responsible for determining any taxes that may apply to transactions of Owned NFTs.

iv) future developments in blockchain technology and digital assets could adversely affect the value of an Owned NFT.

v) changes in regulations that govern blockchain technology, cryptocurrencies, and tokens could adversely affect the value of an NFT.

vi) future upgrades to the relevant blockchain, changes in the methods of transactions, or other changes in the technology or performance of the relevant blockchain could adversely affect the value of an Owned NFT.

The User agrees to hold harmless and indemnify the Owner from and against any liability, loss, damage, or other claim arising from the ownership, transaction, or other use of an Owned NFT.

9. Waiver and Severability Clause

Any failure by the Owner to enforce any of the provisions of the Terms shall not in any way be construed as a waiver of the provision or the right of the Owner to enforce the provision.

Should any part of the Terms be determined to be invalid or unenforceable by a court of competent jurisdiction, that part of the Terms shall be limited or eliminated to the extent necessary to make the remaining Terms fully enforceable and legally binding.

10. Contacting the Owner

Any User having questions or concerns about the Terms should contact the Owner via the Jizo Cats contact form, providing the Owner with details relating to the question or concern.

The User can also contact the Owner by sending mail to the following address: