Terms of Service

"Let's be real---nobody cracks open a comic hoping to read legal fine print. If physical comics had to come with the same kind of paperwork, it might look a lot like what you're about to see below. But digital platforms have to spell out the rules, so what follows might feel a little...less fun than your usual panel-to-panel adventure.

At Neon Ichiban, our vision is to deliver digital comics and manga that has the thrill of reading and collecting print. That means not just the best reading experience in digital comics---smooth, crisp, and built for immersion---but also the joy of collecting, if that's what you're into: limited variants, signatures, even remarques. All the stuff fans actually care about.

So, think of the Terms below like the bag and board around your favorite issue: not the exciting part, but what keeps everything protected so you can enjoy the good stuff. We're building a playful, future-forward platform that honors the past, and every detail (even this section) is designed to help fans and creators thrive."

David & Chip
Co-Founders
Neon Ichiban

DSTLRY Media, Inc.
NEON ICHIBAN TERMS OF SERVICE

Date of Last Revision: January 13th, 2026

Welcome to the Ichiban Marketplace!

DSTLRY Media, Inc. d/b/a Neon Ichiban ("Ichiban," "we," "us," "our") has developed this one-of-a-kind online store and marketplace located at neonichiban.com (the "Ichiban Marketplace") where users can purchase, view and resell digital comic books, manga, related artwork and collectibles ("Digital Collectible(s)"). Ichiban operates both as a store and as a marketplace. For the initial sale of a Digital Collectible, Ichiban acts as the seller, either on its own behalf or as the authorized agent of the applicable Creator. For any resale of a Digital Collectible, Ichiban acts solely as the agent facilitating the transaction between the buyer and seller. All Digital Collectibles available on the Ichiban Marketplace feature content from some of the most reputable publishers and creators in the comic book and manga industry (each, a "Creator"). You can use the Ichiban Marketplace to resell the Digital Collectibles that you buy, and you can purchase in-demand Digital Collectibles from other Ichiban Marketplace users ("Users"). We refer to your ability to access the Ichiban Marketplace, list and sell your Digital Collectibles and purchase Digital Collectibles from other Users collectively as our "Service". Our Service includes any new features, enhancements and upgrades to the Ichiban Marketplace. Your use of the Service is subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). These Terms of Service apply to you and your ability to create Listings (defined below), as well as your ability to access and use the Service in the capacity of a User.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Service's user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ICHIBAN ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at neonichiban.com/privacy. All such terms are hereby incorporated by reference into these Terms of Service.

If you are registering to use the Service on behalf of a company, business or other legal entity, you represent and warrant that (i) such entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such entity to act on its behalf and on behalf of its affiliates. In addition, references herein to "you" will mean, collectively, you and such entity and its affiliates.

Access and Use of the Service

The Ichiban Marketplace: Your Digital Collectibles will be stored in a library that only you can access through your account on the Service (your "Library"). You can list the Digital Collectibles in your Library for sale to other Users in the Ichiban Marketplace (each, a "Listing"). When you create a Listing you accept that any sale will be final, and that you will not be able to cancel the sale or retain your applicable license in the Digital Collectibles. Once a sale is completed the applicable Digital Collectibles will be automatically removed from your Library.

When you purchase a Digital Collectible directly from Ichiban, such transaction is considered an initial sale ("Initial Sale"). In an Initial Sale, Ichiban will either act as the seller of record or as the authorized agent of the Creator for the purpose of consummating the Initial Sale. After the Initial Sale, you may list the Digital Collectible for resale on the Ichiban Marketplace ("Resale"), in which case Ichiban acts solely as the agent connecting you and the purchasing User. Users who use the Service to purchase Digital Collectibles are called "Buyers", and Users who use the Service to sell Digital Collectibles are called "Sellers". If you are using the Ichiban Marketplace as a Buyer, you acknowledge and agree that you are entering into a binding contract to purchase a Digital Collectible when you commit to make a purchase at the price stated in a Listing.

For Initial Sales, the Price is set by Ichiban or the applicable Creator. For Resales, the Price is set by the Seller. Ichiban does not make any warranty or representation that any Price, whether set by Ichiban, a Creator, or a Seller, is reasonable or reflects value. All sales of Digital Collectibles in the Ichiban Marketplace are final and non-refundable, except as required by applicable law or in the event of a confirmed technical error in the Service.

What you purchase in the Ichiban Marketplace: Buyers acknowledge that when you pay the Price for a Digital Collectible in the Ichiban Marketplace that you are purchasing the unique digital certificate associated with the Digital Collectible (the "Edition"), and not the intellectual property rights in the Digital Collectible. The Edition is the technical representation of your limited license to access the associated Digital Collectible and may enable certain capabilities, including the ability to resell the Digital Collectible on the Ichiban Marketplace, to request a Remarque, and, where expressly permitted, to download the Digital Collectible for offline use, with or without digital rights management (DRM). These capabilities are conditional on your continued ownership of the Edition. Once you pay the Price, Ichiban will cause any Digital Collectibles that you purchase using the Service to appear in your Library. Your purchase of the Edition includes a limited license to the intellectual property rights in the Digital Collectible owned by Ichiban or its licensors. When you own the Edition, you can access and use the Digital Collectible solely through your Library and other Ichiban services we provide, unless otherwise expressly authorized by the applicable Creator, pursuant to these Terms of Service. This limited license only applies for so long as you own the Edition. If at any time you sell, swap, donate, give away, transfer or otherwise dispose of your Edition for any reason through any means, your rights under the limited license will immediately be revoked and expire with respect to the Digital Book associated with the Edition, and you will have no further rights to such Digital Collectible.

Remarques: You may have the ability to purchase a personalized Digital Collectible in the Ichiban Marketplace called a "Remarque" that is commissioned for you by a Creator (subject to availability). While a Remarque is made specifically for you, you do not own the intellectual property rights in a Remarque and all the terms and conditions of these Reseller Terms and Conditions that apply to Digital Collectibles will apply to any Remarque (except when we expressly say otherwise). You may have an opportunity to provide the applicable Creator with requests, sketches or instructions but the applicable Creator has full creative discretion in executing the sketch underlying the Remarque, including ignoring or loosely interpreting your directions or requests. You may not request a Remarque that (a) poses or creates a privacy or security risk to any person; (b) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (c) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable; (d) in the sole judgment of Ichiban, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Ichiban or its users to any harm or liability of any type; or (e) includes trademarks, logos, characters, artwork or other elements owned by any third party. Ichiban does not guarantee likenesses or changes after delivery, themes or compliance with your sketch requests. Each Remarque is created as a unique, one-of-a-kind, edition and the applicable Creator will not make edits or changes to the Remarque once delivered. Ichiban will endeavor to ensure your Remarque is unique from other Remarques available on the Ichiban Platform but the applicable Creator ultimately determines whether a Remarque is unique. We reserve the right to remove or disable access to any Remarque that we determine, in our sole discretion, is inappropriate or violates these Terms."

Marketplace Role in Resales: Except in the case of an Initial Sale,the Service provides a marketplace platform that allows Buyers and Sellers to purchase and sell the Edition affiliated with a Digital Collectible. The actual contract for sale of any Edition affiliated with a Digital Collectible is directly between the Seller and Buyer, and Ichiban is not a party to the Resale. However, upon successful payment processing through our designated payment processor, Ichiban will automatically transfer the Edition from the Seller's Library to the Buyer's Library. As a result, Buyers are assured of receiving the Edition associated with a Digital Collectible once payment is completed, and Sellers are assured of receiving the Price, less applicable Fees, once the transfer occurs.

Payment for Digital Collectibles: Payments are made in U.S. dollars. For an Initial Sale, the Price is set by Ichiban or the applicable Creator, and you will be charged the Price at checkout. For a Resale, the Price is set by the Seller, and Ichiban, acting as the Seller's agent, will charge you the Price on behalf of the Seller. You will be charged the Price when you purchase a Digital Collectible in the Ichiban Marketplace along with a fee (currently 30%) that we assess on each Digital Collectible purchase as the charge for using the Service (the "Fee"). We may change, modify, decrease, or increase the Fee on thirty (30) days' notice and will notify you according to the process set forth in these Terms of Service. If you do not wish to pay any increased Fee then do not purchase any additional Digital Collectibles using the Service. You hereby authorize Ichiban to deduct the U.S. dollars representing the Price and the Fee for each purchase you make. In the case of a Resale, Ichiban will deposit into the Seller's Ichiban Account the Price for each Digital Collectible sold to a Buyer, less the Fee. By using the Service, you acknowledge and agree that it is your responsibility to calculate and pay any taxes applicable to the transactions you conduct on the Service. Ichiban will have no responsibility and no liability for any fees associated with your payment method or currency conversion.

Your Registration Obligations: You are required to register with Ichiban in order to access and use the Service.You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service without a parent's or guardians' permission. If you are under 13 years of age, you are not authorized to use the Service, with or without registering.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Ichiban of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Ichiban will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: Ichiban reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Ichiban will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, (iii) the ability to track and store location data and (iv) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

By using the Services, you consent to receive information from us via SMS and/or MMS messages sent through an automated telephone dialing system ("Text Service"), even if you have opted in to the National Do Not Call List, any state Do not Call List, or the internal Do Not Call List of any company. You may be required to respond to an initial message as instructed to complete your registration and confirm enrollment in the Text Service. You do not have to participate in the Text Service to use the Services. In the event you no longer want to participate in the Text Service, you agree to notify us directly. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Ichiban account information to ensure that your messages are not sent to the person that acquires your old number.

There is no additional charge for the Text Service, but your mobile carrier's standard message and data rates apply to any messages you send or receive through the Text Service, including confirmations and subsequent texts. Your carrier may prohibit or restrict certain mobile features, and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.

As described in the Text Service enrollment and welcome messages, including messages sent to a code associated with the Text Service or by reply to any message you receive from us, you may text "STOP" to cancel or "HELP" for customer support information. If you choose to cancel your Text Service, you agree to receive a final text message from the Text Service confirming your cancellation.

The Services may also permit you to invite others to use the Services through the Text Service by providing the numbers of those you want to invite or by selecting the individuals you want to invite from your contacts list (if you have uploaded one). By asking us to invite others to use the Services, you represent to us that those you invite consent to receive the automated invitation messages and that you are authorized to convey that consent to us.

Conditions of Use

User Conduct: The Service may allow you to upload or submit certain content, such as notes attached to Listings, reviews, videos, images, or other materials ("User Content"). You are solely responsible for your User Content and for ensuring you have all rights necessary to submit it.

You agree not to upload or submit any User Content that: (i) infringes any intellectual property or proprietary rights of others; (ii) you do not have the legal right to provide; (iii) contains viruses or malicious code; (iv) is false, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, or otherwise objectionable; or (v) in Ichiban's judgment, may expose Ichiban or its users to liability or harm (for example, spam, impersonation of others, solicitation of minors, or attempts to interfere with fair buying and selling on the Platform).

By submitting User Content, you grant Ichiban a limited license to use, display, host, and store such User Content solely as part of operating the Service (for example, displaying your note with a Listing or showing your review alongside a Collectible). Ichiban does not claim ownership of your User Content.

User Notes in Listings:

When you create a Listing, you may include a note that will be logged with the history of the Digital Collectible. You are solely responsible for the content of your notes. Notes may not contain infringing, unlawful, offensive, or misleading material. Ichiban may remove or restrict any note that violates these Terms. By submitting a note, you grant Ichiban a limited license to display and store it solely with the associated Digital Collectible in the Service.

Copyright Complaints:

Ichiban respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Ichiban of your infringement claim in accordance with the procedure set forth below.

Ichiban will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Ichiban's Copyright Agent at admin@neonichiban.com (Subject line: "DMCA Takedown Request").

To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Termination. Ichiban may remove or restrict access to any User Content at any time that it believes violates these Terms or applicable law. we restrict your access to the Service, we may limit your access to view the Digital Collectibles in your Library indefinitely. In such cases, you will not be able to read Digital Collectibles in your Library, use the Ichiban Marketplace to buy, sell or transfer Digital Collectibles or access the Ichiban Account. If you use the Service to acquire Digital Collectibles through the Ichiban Marketplace in a manner that is in breach of these Terms of Service we may restrict or revoke access, subject to notice where practicable. In the event of termination due to fraud, chargebacks, or unlawful activity, Ichiban may restrict or revoke access to any Digital Collectibles obtained through such activity. Otherwise, you will retain access to legitimately purchased items in your Library. With respect to any funds held in your Ichiban Account, you authorize us to direct our payment processor to apply such funds to satisfy any amounts you owe to Ichiban or affected Users, and to return any remaining funds to you, subject to applicable law.

When a Buyer or Seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both Buyers and Sellers.

If Ichiban provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Service. Additionally, you may not use user information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

Payments: Registering for the Service is free, and you only pay on your purchase or sale of Digital Collectibles in the Ichiban Marketplace. For an Initial Sale, you pay only the Price set by Ichiban or the applicable Creator. For a Resale, the Buyer pays the Price set by the Seller, we deduct our Fee, and the Seller receives the remainder. You represent and warrant to Ichiban that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Ichiban or Stripe (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. If you dispute any charges you must let Ichiban know within sixty (60) days after the date that Ichiban charges you, or within such longer period of time as may be required under applicable law.

Notwithstanding any amounts owed to Ichiban hereunder, ICHIBAN DOES NOT PROCESS PAYMENTS. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates ("Stripe"). These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe's Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements for the payment function the user is using, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Ichiban assumes no liability or responsibility for any payments you make through the Service.

Ichiban Account Withdrawals: We may permit a User to withdraw from their Ichiban Account after Stripe authenticates the User and verifies any other forms of information Stripe deems necessary. Ichiban or Stripe may refuse, cancel or disable withdrawal requests at any time. You may only withdraw from your Ichiban Account which you received from the sale of Digital Collectibles in the Ichiban Marketplace.

No Investment or Financial Product: Digital Collectibles on the Ichiban Marketplace are intended for personal enjoyment and collecting. They are not investment products, securities, or financial instruments, and Ichiban does not represent or guarantee that any Digital Collectible will increase in value. Buying and selling Digital Collectibles is for consumer use only, and any funds you may receive from resales are your sole responsibility to report and pay applicable taxes on.

Listing Conditions: When listing a Digital Collectible for sale on the Service, you agree to comply with Ichiban's listing and selling policies that it publishes from time to time, and that:

• Your listing may not be searchable by keyword or category;
• Content that violates any of Ichiban's policies may be modified, obfuscated or deleted at Ichiban's sole discretion;
• We may revise product data associated with listings to supplement, remove, or correct information;
• We may determine the appearance or placement of listings in search and browse results in our discretion; and
• A listing may not appear in some search and browser results regardless of the search parameters chosen by the Buyer.

Purchase Conditions: When buying a Digital Collectible on the Service, you agree to comply with Ichiban's buying policies that it publishes from time to time, and that You are responsible for reading the full Digital Collectible listing before making committing to buy.

Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

General Practices Regarding Use and Storage: Ichiban may deactivate accounts that remain inactive for an extended period. Where practicable, we will provide notice before deactivation, and you may contact us to reactivate your account. We may retain certain information as permitted under our Privacy Policy or applicable law.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Ichiban, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Ichiban from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Ichiban, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Ichiban.

The Ichiban name and logos are trademarks and service marks of Ichiban (collectively the "Ichiban Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Ichiban. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Ichiban Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of the Ichiban Trademarks will inure to our exclusive benefit.

Digital Collectibles: Each Digital Collectible is first made available through an Initial Sale by Ichiban, acting either as seller or as agent for the applicable Creator. All subsequent transfers are Resales facilitated by Ichiban acting solely as agent between Users.You acknowledge and agree that the intellectual property rights in all Digital Collectibles remain with Ichiban, the applicable Creator(s) and its and their licensors. You are buying the Edition associated with the relevant Digital Collectible through a transaction recording your ownership thereof on our ledger database. We grant you, for so long as you own the applicable Edition, a personal, non-commercial, non-exclusive (except in the case of Remarques), non-transferable, non-sublicensable, revocable, limited license to view and display the Digital Collectible solely for your permitted use in the Service, including reselling the Digital Collectible on the Ichiban Marketplace in accordance with these Terms of Service.

You agree that you will not, nor permit any third party to: (a) modify the Digital Collectibles in any way (except in the case of Remarques); (b) use the Digital Collectibles to advertise, market, or sell any third party product or service; (c) use the Digital Collectibles in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, political matters, X-rated material, or anything else that could reasonably be found to constitute hate speech, infringe upon the rights of others, generally be considered untrue, defamatory, obscene, profane or indecent, or otherwise harm or be reasonably likely to harm Ichiban's (or any of the Creator's) names, brands or reputation; (d) use the Digital Collectibles in movies, videos, or any other forms of media, including without limitation the creation or minting of any non-fungible tokens; (e) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of Digital Collectibles; (f) attempt to trademark, copyright, or otherwise acquire any intellectual property rights in or to the Digital Collectibles; or, except as expressly permitted by these Terms of Service, (g) otherwise utilize the Digital Collectibles for your or any third party's commercial benefit or personal gain (e.g. crowd-funding or similar activities). You also agree to comply with all applicable law in using, selling, or transferring the Edition and your use of the associated Digital Collectibles. Any violation of the terms of this limited license automatically voids the rights granted to you hereby. You acknowledge and agree that as between you and Ichiban or the Creators, Ichiban or the Creators own or control all legal right, title and interest in and to the Digital Collectibles and all intellectual property rights therein. The rights that you have in and to the Digital Collectibles are limited to those described in this limited license. Except as specifically provided in this limited license, you will have no rights in or to the Digital Collectibles. You also understand and agree that neither Ichiban nor any of the Creators are liable in case of any inability for you to access the Digital Collectibles for any reason, including as a result of any downtime, failure, obsolescence, removal, termination or other disruption relating to the storage of or access to any Digital Collectibles. Each Creator is a third-party beneficiary of these Terms of Service, and, upon your acceptance, every Creator as a third-party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you.

Third Party Material: Under no circumstances will Ichiban be liable in any way for any content or materials of any third parties (including Creators or Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Ichiban does not pre-screen content, but that Ichiban and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Ichiban and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Ichiban, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

We offer product data (including images, descriptions and specifications) that are provided by third parties (including Creators and Users). You may use that content solely in your Ichiban listings. Ichiban may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We try to offer reliable product data but cannot promise that the content provided through the Service will always be available, accurate, complete, and up to date. You agree that Ichiban is not responsible for examining or warranting the listings or content provided by third parties through the Service, and that you will not attempt to hold us or our data providers liable for inaccuracies.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Ichiban has no control over such sites and resources and Ichiban is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Ichiban will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Ichiban is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

You agree to release, indemnify and hold Ichiban and its affiliates and their officers, employees, directors and agents (collectively, "Indemnitees") harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, any dispute or issue between you and a third party (including another user), your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Edition Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ICHIBAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

ICHIBAN MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY DIGITAL COLLECTIBLES THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THAT YOUR REMARQUES WILL BE UNIQUE FROM OTHER REMARQUES ON THE ICHIBAN MARKETPLACE (III) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS OR ITEMS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY DIGITAL COLLECTIBLES OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ICHIBAN WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ICHIBAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USER IN CONNECTION WITH THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL ICHIBAN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ICHIBAN IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

1. a.Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Ichiban, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Ichiban are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

1. b.Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND ICHIBAN AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ICHIBAN AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

1. c.Pre-Arbitration Dispute Resolution

Ichiban is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at hello@neonichiban.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Ichiban should be sent to 3680 Wilshire Blvd, Suite P04 -- 1420, Los Angeles, CA 90010 ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Ichiban and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Ichiban may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Ichiban or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Ichiban is entitled.

1. d.Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Ichiban and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Ichiban agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

1. e.Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Ichiban will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Ichiban will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Ichiban will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.

1. f.Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Termination

Ichiban may suspend or terminate your account or limit your access to certain features of the Service, if we reasonably believe you have violated these Terms, engaged in fraud, abuse, or illegal activity, or otherwise used the Service in a way that harms other users or the platform. We may also discontinue the Service (or any part of it) at any time. If your account is suspended or terminated, you may lose access to marketplace functions, including the ability to buy or sell Digital Collectibles. In cases of confirmed fraud, chargebacks, or other unlawful activity, we may restrict or revoke access to affected Digital Collectibles. Otherwise, you will retain access to legitimately purchased items in your Library. We are not liable to you or any third party for any suspension, termination, or modification of the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Ichiban will have no liability or responsibility with respect thereto. Ichiban reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service, together with Ichiban's Privacy Policy, constitute the entire agreement between you and Ichiban with respect to your use of the Service. They supersede any prior agreements specific to the Service.

Your Privacy

At Ichiban, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Questions? Concerns? Suggestions?
Please contact us at hello@neonichiban.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.