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TERMS OF SERVICE

“PATRON” Token Sale Terms of Use

This agreement (hereinafter referred to as “the Agreement”) includes clauses that need to be agreed by purchasers when they use EXTRAVAGANZA ICO Team (hereinafter referred to as “EVG”) Web site or buy PATRON (hereinafter referred to as “PAT”) from EVG.
Please be sure to read the Agreement before using the service as the Agreement is deemed to be agreed by purchasers upon their start of the purchasing procedure, that is stipulated by EVG separately, and purchasing conditions of PAT by purchasers shall be bound by the Agreement.

Article 1 (General Provisions, Scope of Application)
  • 1 PAT does not have the properties of securities in any jurisdiction. The Agreement does not constitute any investment proposal, recommendation or persuasion, and it does not suggest, recommend or urge purchase of securities. The Agreement has not been submitted to or registered with regulatory and other authorities, and not considered and confirmed by the regulatory authority, and there is no plan to be done so.
  • 2 The Agreement stipulates basic rules regarding purchasers’ purchase of PAT, and terms and conditions regarding all purchasers’ purchase of PAT shall be stipulated by the Agreement. Please refer to the contents of PAT and detailed purchasing conditions,which shall be stipulated separately by our company.
  • 3 When EVG posts individual rules or additional rules on EVG Web site, or when EVG send rules and regulations by email or other means, these rules and regulations constitute a part of the Agreement. If these rules and regulations are contrary to the Agreement, the said individual rules, additional rules or regulations shall control.
Article 2 (Definition)
1 In the Agreement, the meaning of each term of the items below is defined in each item.
  • (1) ”The Contract”
    The contractual relationship between purchasers and EVG that arises in purchasing PAT
  • (2) “Purchasers”
    Customers who start the PAT purchasing procedure, which EVG stipulates separately,approving the Agreement
  • (3) “EVG members”
    Members who compose EGV and other persons concerned
  • (4) “EVG website”
    Its domain is https://patron-ico.io, which is operated and administrated by EVG (When the domain or the contents of the website of EVG is changed for any reasons, the said changed domain shall be included.)
  • (5) “Intellectual Property Rights”
    A copyright, a patent, a utility model right, a trademark, a design right or any other intellectual property (including a right to obtain above mentioned rights or a right to file for right registration and others.
Article 3 (PAT purchase limitation)
  • 1 The citizens or residents of any countries or states (including but not limited to People’s Republic of China) where purchase of PAT or any other similar token is prohibited or it is illegal, or any purchasers who might be affected by such relevant laws shall not purchase PAT.
  • 2 PAT purchase shall be done only by individuals, enterprise, or corporates that have abundant experience of software system based on token and blockchain and its usage and complicity. Purchasers should understand the functions of storage method regarding PAT and other token and transmission mechanism.
  • 3 EVG and EVG members shall assume no responsibility for purchaser’s loss of PAT for any reason whatsoever.
  • 4 If prospect purchasers do not have the above mentioned experience or other experience or expertise that is required to be a purchaser, they will not be entitled to purchase PAT. When purchasing PAT, the purchasers shall do so based on your deliberate consideration on the risks, costs, and all other disadvantages associating with the PAT purchase. If prospect purchasers do not have the above mentioned experience, or other experience, or expertise, they shall understand and consider the risks associating the PAT purchase by themselves through such efforts as consulting with an expert and receiving his/her advice.
  • 5 If EVG determines that a purchaser violates the Representations and Warranties provided in Article 5, the purchaser cannot purchase PAT.
Article 4 (Risks associated with the PAT purchase)
Purchasing PAT involves great risks. Prior to PAT purchase, any purchasers shall deliberately consider the below listed risks and if any purchasers do not fully understand the risks, they should consult lawyers, accountants, tax accountants, or other experts to the necessary extent.
  • (1) Any purchasers need to enter a purchaser-defined password to access PAT. If any purchasers do not record their accurate passwords, the purchasers may lose PAT. Also,any instances where a third-party gets to know the purchaser’s password may lead to the loss of PAT.
  • (2) Although EVG makes best possible efforts for PAT to be traded at major virtual currency exchanges, it cannot guarantee the trade at such exchanges. The purchasers shall understand that it may be possible that the liquidity of PAT will be lower than the purchaser’s forecast or expectation.
  • (3) The benefits or rights that the purchaser authorized by EVG can enjoy by holding PAT depend on the advancement of the businesses managed and operated by EVG.
    Although EVG makes best possible efforts, whether such benefits or rights exists, when they are granted to the purchaser, and other details are subject to change and EVG does not assure that the purchaser can enjoy benefits or rights that the purchaser expects.
  • (4) Similar to other tokens, the value of PAT may significantly fluctuate and depreciate for various reasons.
  • (5) PAT is issued on Ethereum Blockchain. A failure of Ethereum protocol or an unanticipated function may adversely affect the purchaser or the value of PAT.
Article 5 (Representations and Warranties by the purchaser)
1 The purchaser represents and warrants the below provisions for EVG on the occasion of purchasing PAT.
  • (1) The purchaser does not fall under any purchase limitations provided in each paragraph under Article 3 and has authority and complete ability to lawfully purchase PAT.
  • (2) The purchaser thoroughly understands the preceding articles and other risks and disadvantages associated with purchasing PAT and purchases PAT assuming full responsibility of deciding whether or not PAT purchase is appropriate for the purchaser.
  • (3) The purchaser purchases PAT for its own benefits and does not act as an agent of a third-party
  • (4) The purchaser does not purchase PAT for an investment purpose.
  • (5) The purchaser confirms, agrees, and acknowledges that PAT does not have the properties of securities in any jurisdiction
  • (6) The purchaser agrees and acknowledges that EVG’s act of promoting PAT does not intend to offer securities or solicit securities investment in the purchaser’s region.
  • (7) The purchaser agrees and acknowledges that this Agreement or implementation and completion of PAT token sale, or future PAT trading at any virtual currency exchanges shall not be interpreted or judged or deemed to indicate the value of EVG or PAT.
  • (8) If PAT purchase is not prohibited or limited by any laws or regulations or rules in the purchaser’s region and if PAT purchase or possession is limited, the purchaser need to follow and comply with all such limitations with its own expenses and without placing any responsibilities on EVG or EVG members.
  • (9) The purchaser agrees and acknowledges that on the timing of purchase defined in this Agreement, PAT is not classified into and traded as any of the below
    • a. A virtual currency as defined in clause 5 in Article 2 of Payment Services Act
    • b. A legal or presumptive currency prescribed by Japan or other nations
    • c. Corporate bonds issued by EVG or its affiliates
    • d. Equities or other authorities issued by EVG or its affiliates
    • e. Rights, or options, or derivatives of such corporate bonds, equities or stock certificates
    • f. Rights under CDF contract or other contracts of which the purpose or the theoretical purpose is to secure benefits or to avoid losses.
    • g. Shares of a collective investment scheme
    • h. Shares of a business trust
    • i. Derivatives or all other securities or any types of securities of business trust shares
  • (10) The purchaser has adequate understanding about virtual currencies, blockchain based software system, virtual currency wallet or other related token storage mechanism, and operation, functions, usage, storage, transmission mechanism and other important features of blockchain technology and smart contract technology.
  • (11) The purchaser fully acknowledges and understands that there are risks associated with EVG or its business and management.
  • (12) The purchaser agrees and acknowledges that EVG and EVG members do not take responsibility for indirect loss, extraordinary loss, incidental loss, derivative loss, and all other types of loss, including loss of revenues, income or profits, loss of inoperability, or loss of data, attributable to or related to the purchaser’s PAT purchase regardless of whether such loss is caused through illegal act or contract or any other acts.
  • (13) The purchaser does not use PAT for any illegal acts including money laundering or terrorism financing.
2 EVG and EVG members do not take any responsibilities for any damages incurred by the purchaser and related to the matters that the purchaser represents and warrants in the preceding clauses or other risks or disadvantages associated with PAT purchase, which have been explained to the purchaser, for any reasons whatsoever. The purchaser exempts EVG and EVG members from such liabilities.
Article 6 (PAT purchase procedure)
  • 1 Please note that PAT purchase is to be made with the purchaser’s firm intention of purchase and no refund is allowed for any circumstances. Individuals, enterprises, or other entities that plan to purchase PAT need to commence the purchase procedure based on deliberate consideration on PAT purchase risks, costs and benefits.
  • 2 Those who wish to purchase PAT can purchase PAT through the purchase procedure separately defined by EVG.
  • 3 EVG makes judgment with the EVG criteria on whether the applicant can purchase PAT, and EVG’s notification to the applicants completes PAT purchase by those who wish to purchase PAT, and a final agreement is to be concluded between the purchaser and EVG.
  • 4 EVG goes through the purchaser’s identification procedure with the method separately designated by EVG at the timing of purchase. If the purchaser purchases PAT without finishing its identification procedure or appropriately providing EVG designated information or materials, EVG will not provide any assurances in regard to PAT provided in the final agreement. In addition, EVG will be entitled to suspend PAT allocated to the purchaser or to completely or partially suspend usage of the PAT granted wallet or to take any other measures.
  • 5 EVG does not assume any responsibilities for any compensations or liabilities caused to the purchaser by the measures taken under the previous clause, and make no refund for the PAT purchase price regardless of clause 1 in Article 9 of this Agreement.
  • 6 If those who wish to purchase PAT under clause 2 fall under one of the below cases,EVG may refuse the applicant’s request to purchase PAT.
    • (1) if the applicant violates or has violated this Agreement,
    • (2) if the applicant does not provide necessary information that EVG has requested,
    • (3) if the information provided for EVG has entirely or partially untrue or erroneous descriptions, or any omissions
    • (4) if EVG judges that the applicant falls under the limitation of purchase stipulated in Article 3
    • (5) if EVG judges that the applicant violates the Representations and Warranties stipulated in Article 5
    • (6) if the applicant was placed on suspension of EVG service including termination of accounts in the past or is now placed on suspension, when using the service operated by EVG and EVG members (hereinafter referred to as EVG service)
    • (7) if the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance and does not obtain the consent of an attorney, a conservator, a curator,or an assistant
    • (8) if EVG judges that the applicant is a member of antisocial forces (an organized crime group, an organized crime group member, a right-wing group, an antisocial force, or any other equivalent group), or the applicant has a relationship or involves in antisocial forces, including managing antisocial forces by providing money or others, or cooperates or involves in the management
    • (9) any other cases, if EVG judges that the applicant is not appropriate to register
  • 7 The purchaser shall provide truthful and accurate information requested by EVG.
    EVG or EVG members shall not take any responsibilities for damages to the purchaser due to untrue or erroneous descriptions, or any omission in the provided information.
Article 7 (Change of information about the purchaser)
  • 1 If the purchaser changes its information provided for EVG, the change shall be notified to EVG within 14 days in the way prescribed by EVG.
  • 2 If notices from EVG do not reach the purchaser due to the purchaser’s negligence of notification defined in the preceding clause, such notices shall be deemed to have reached the purchaser at the time they should have normally arrived and the purchaser shall not make any objections.
Article 8 (Prohibited acts)
The purchaser shall be prohibited to commit acts applicable to one of the below clauses when the purchaser purchases or possesses PAT by themselves or through use of third parties.
  • (1) the act of purchasing PAT for the purpose of utilize PAT for a criminal act or act associated to it
  • (2) the act of purchasing PAT for the purpose contradictory to t the preceding clause or all other clauses of this Agreement or separately stated Terms of Use and the EVG’s intentions and purposes
  • (3) the act of infringing or potentially infringing on intellectual properties, privacy or other rights or interests of EVG or other purchasers or any other third parties.
  • (4) the act of placing excessive load on EVG’s network or system.
  • (5) the act of transmitting or posting a harmful computer virus or program to the EVG website.
  • (6) the act of unlawfully accessing EVG’s systems without due authorization or illegally overwriting or deleting information accumulated in the EVG facilities or any other acts of inflicting damage on EVG.
  • (7) the act of breaching or facilitating the breach of or potentially facilitating the breach of laws, court’s rulings or decisions or imperatives, or legally binding administration actions.
  • (8) the act of fraud or menace to EVG or other purchasers or any other third parties.
  • (9) the act of impersonating EVG or other purchases or any other third parties.
  • (10) the act of directly or indirectly evoking or facilitating the act defined in the preceding clauses.
  • (11) the act of performing by themselves or making any third parties performing an entire or partial service or similar service for this Agreement without EVG’s prior permit
  • (12) any other acts that EVD deems inappropriate
Article 9 (Measures and others in case of violations of Agreement)
  • 1 If EVG judges that the purchaser falls under or possibly falls under any of the following clauses, EVG may limit the purchase of the purchaser or terminate the Agreement concluded with the purchaser without any notices on EVG’s own discretion,and EVG may receive a return of PAT from the purchaser by subtracting the fees separately prescribed by EVG for such termination and other administrative fees for PAT return from the PAT purchase price.
    • (1) if the purchaser violates any of the articles provided in this Agreement.
    • (2) if any untruths in the information provided for EVG are identified.
    • (3) if any unauthorized use of the settlement method designated by EVG for PAT purchase are identified, or the payment agency delegated by EVG suspends or nullifies the settlement of the purchaser.
    • (4) if the purchase is a minor, an adult ward, a person under curatorship, or a person under assistance and does not obtain the consent of an attorney, a conservator, a curator,or an assistant
    • (5) if the purchaser is antisocial forces or others, or has a relationship or involves in antisocial forces, including managing antisocial forces by providing money or others, or cooperates or involves in the management
    • (6) if there are any reasons equivalent to the preceding clauses.
  • 2 The purchaser shall not be exemplified from any of the obligations or liabilities,including but not limited to damage compensation obligations, to EVG under this Agreement even after being imposed the measures in preceding clauses.
  • 3 EVG does not assume any responsibilities for any liabilities caused to the purchaser by the measures taken under this Article.
Article 10 (Change, addition, abolition, or suspension of purchase terms and others)
  • 1 EVG may entirely or partially change or add contents of this Agreement or the details of PAT or the purchase terms without a prior notice to the purchaser.
  • 2 EVG may entirely or partially terminate sales or management of PAT without a prior notice to the purchaser.
  • 3 EVG may entirely or partially suspend PAT sales for a temporary period of time without a prior notice to the purchaser.
    • (1) if PAT sales becomes impossible due to administrative directives or laws or measures under such directives or laws,
    • (2) if hardware or software or communication equipment necessary for PAT sales is maintained or repaired on a regular basis or for emergency. maintenance and repair related to hardware, software, communication equipment etc. necessary for selling PAT
    • (3) if the load on the system in concentrated due to access congestion or any other unexpected reasons.
    • (4) if security of the purchaser needs to be secured.
    • (5) if a telecommunications company does not provide its service.
    • (6) if PAT sales is difficult due to force majeure including natural disasters.
    • (7) if PAT sales is difficult due to a fire, a power outage, or other freak accidents, or a warfare, a conflict, an upheaval, a riot, a labor disputes or any others.
    • (8) if EVG finds it necessary in any other cases equivalent to the previous clauses.
  • 4 EVG does not assume any responsibilities for any liabilities caused to the purchaser by the measures taken under this Article.
Article 11 (Ownership of rights
  • 1 All the intellectual properties in relation to PAT or PAT sales are attributable to EVG or entities which grant license to EVG and does not constitute permission to use the intellectual properties of EVG or entities that grant license to EVG.
  • 2 The purchaser shall not adopt, edit or modify the information provided by EVG, or allow third parties to use it, or disclose it to third parties without EVG’s permission.
  • 3 Although EVG’s trademark or logo or service mark (collectively referred to as “Trademark”) may be displayed, such display does not assign the Trademark to the purchaser or other third parties or authorize them to use it.
Article 12 (Gathering and handling of information about the purchaser)
  • 1 Handling of the information provided by the purchaser for PAT purchase or any other information about the purchase shall be provided in the separately defined privacy policy, and the purchaser agrees that the EVG handles such information observing the privacy policy.
  • 2 The purchaser agrees that EVG uses the information provided by the purchaser for PAT purchase or any other information about the purchase or other related data on its own discretion for the purpose of provision, operation, renovation or enhancement of EVG’s services, and that EVG may disclose it as a statistic information in a manner that any privacy information is not identified.
  • 3 EVG may provide third parties with statistic information collected and analyzed for the purpose described in the previous clause and the purchaser agrees it.
Article 13 (Confidentiality)
  • 1The purchaser shall confidentially treat the non-public information disclosed by EVG with the request to treat as confidential information unless there is not EVG’s prior written consent.
  • 2 The purchaser shall observe EVG’s instruction and return or dispose of the information described in the preceding clause or the documentation with such information or any other recording media or any other duplicate copies.
Article 14 (Compensations for damages)
  • 1If the purchaser causes any damages to EVG due to violation of this Agreement (including cases in which a third party makes a claim against EVG), the purchaser shall make compensations for all the damage for EVG including attorney’s and other expert’s fees and EVG’s expenses equivalent to personnel charges.
  • 2 EVG does not assume any responsibilities for any liabilities caused to the purchaser in relation to PAT purchase. In the event that EVG or EVG members assume the damage compensation responsibilities regardless of the provisions that indemnify EVG or EVG members from the damage compensation responsibilities, the scope of damage compensations that EVG or EVG members will make is limited to the direct and normal damages that actually occurred and caused by reasons attributable to EVG or EVG members.
Article 15 (Disclaimer of warranties and exemption)
  • 1 PAT is purchased “in its present state” and "to a providable limit”without any types of warrants. The purchaser disclaims all implied warranties, including but not limited to merchantability, fitness for special purpose, title, or non-infringement
  • 2 EVG does neither represent nor warrant that PAT is credible, or the latest with no errors, satisfies conditions that the purchaser requests, or that defects in PAT is modified in future.
  • 3EVG does neither represent nor warrant that PAT or a PAT transfer mechanism is not invaded by viruses or any other harmful components.
  • 4 EVG does not make and does not intend to make any forms of representations or warranties or commitment including representations or warranties or commitment on the credibility, accuracy, or integrity of the information described in this Agreement or EVG website or others, and EVG disclaims to make any forms of representations or warranties or commitment.
  • 5 EVG does not assure that information about the estimate PAT value, information provided by EVG, or any information that the purchaser could obtain through PAT meets the purchaser’s specific purpose, has expected functions, commercial values, accuracy, validity, or integrity, or that PAT purchase complies with laws or internal regulations of trade associations applicable to the purchaser, or does not cause any defects, or solve problems regarding PAT.
  • 6 PAT values that EVG sells to the purchaser exclude taxes. The purchaser is responsible for any types of taxes imposed including the consumption tax,the sales tax, the usage tax, and value-added tax. In addition, it is the purchaser’s responsibility to withhold, collect, file and pay the exact tax amounts. EVG does not assume any responsibilities for withholding, collecting, filing or paying the taxed related to PAT purchase.
Article 16 (Revision and change of the Agreement)
EVG may change or add contents of this Agreement or the separate terms of use at any time on EVG’s own discretion. If EVG changes this Agreement or the separate terms of use, EVG notifies such changes to the purchaser in the way prescribed in the next article.
If the purchaser purchases PAT after the notification of such change or does not complete the usage procedure within the period defined by EVG, the purchaser is deemed to have agreed the changes of this Agreement or the separate terms of use at the time of such notification. The purchaser is kindly requested to occasionally confirm the latest contents of this Agreement.
Article 17 (Communications and notification)
  • 1 Notification about the change of this Agreement or other communications from EVG to the purchaser is displayed on an appropriate place on the EVG website, or transmitted via e-mail or push notification or any other ways that EVG deems appropriate.
  • 2 Inquiries about PAT purchase or other communications or notifications from the purchaser to EVG shall be made using the inquiry form set in an appropriate place on the EVG web site or other ways designated by EVG
  • 3 EVG may distribute advertisement or promotion e-mail about EVG services to the email address registered by the purchaser.
Article 18 (Transfer of the status etc. under this Agreement)
  • 1The purchaser is not allowed to transfer (including comprehensive succession caused by merger or company split etc.) or provide for the purpose of security the whole or a part of the status or the rights and obligations under this Agreement without prior written consent of EVG.
  • 2 If EVG transfers a business related to PAT to another company, the status, the rights and obligations, registration information and other information can be transferred to the transferee of the said business transfer with the transfer of the said business. The purchaser shall be deemed to have agreed to the transfer in this clause. The business transfer referred to in this clause includes comprehensive succession caused by merger or company split etc., where EVG may become a consolidated company or a split company.
Article 19 (Separability)
Even if any article of this Agreement or a part of article is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining articles of this Agreement and the rest of the article where a part of it is determined to be invalid or unenforceable shall continue to be fully effective. EVG and the purchaser shall strive to secure the objective and equivalent legal and economic effect of the said invalid or unenforceable article or part of article by amending it to the extent necessary to legalize and make enforceable the said invalid or unenforceable article or the part of article.
Article 20 (Survival provision)
Article 5, from Article 7 to Clause 4 of Article 10 , and from Article 11 to Article 22 shall continue to be effective after the termination of this Agreement.
Article 21 (Governing law and agreement jurisdiction)
This Agreement shall be governed by Japanese law, and for any disputes arising out of or in connection with this Agreement, the Tokyo District Court shall be the exclusive agreement jurisdictional court of first instance.
Article 22 (Consultation resolution)
If any question arises over the interpretation of matters that are not stipulated in this Agreement or of this Agreement, EVG and the purchaser shall resolve it promptly upon consultation in accordance with the principle of faithfulness and mutual respect of each other.

【Enacted on Month date, 2017】

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