2. Definition of Terms
We are presently using the following terms.
- Users - Agree with and abide by the rules and terms. A person who uses our services within accordance of our company.
- Account - Information, including game data, which allows users to use our services.
- Password - Used to verify user (customer) accounts, consisting of characters and numbers, which are decided individually by the user.
- Nickname - Name decided by the user when using our service in order to identify each other or contact us.
- Paid Services - Some of our services require payment in order to use them.
- Points - Virtual currency which allows you to use our services.
- Tickets and Coupons - Right to use electronic data. Electronicinfo and media that can be used for free or via discounted price.
- Operation Policy - General rules for users who use our services. It's indicated on our website for each individual service.
- Prizes – Items won through our services. We do not guarantee all users will win.
3. Application Terms and Changes
- If users disagree with any changes made, they may inform us and cancel their accounts by following the cancellation procedures.
- When users outside of Japan use our services, they need to confirm that our services are available to use legally. Please abide by the laws in your region. We are not in any way responsible for any legal problems regarding our services outside of Japan.
- When using our services, we consider that the user also agrees with the terms of service for Apple Inc. and Google Inc. In principle, Apple Inc. and Google Inc., share no responsibility. These terms only apply to our users and our company, not between users and Apple Inc. or Google Inc., nor between our company and Apple Inc. or Google Inc.
- Any regulation that may apply under law, will be followed accordingly, even if not listed here.
5. User Application
- Users must follow the rules when applying for an account. Users are required to create an account when applying for the use our service.
- When users apply for our service, they must supply current and correct information. The users must update their information in a timely manner in observance of any changes as soon as possible. If the personal information is incorrect or not current, we are not responsible for any losses or damages that may occur.
- Users who are underage, according to law, or disabled, must have a parent or legal guardian agree with these terms and create the user account with their approval. If the account is already created, we consider that the parent or guardian of any such users, have read and agreed with our terms.
- Our company can refuse or deactivate any user account for any of the following reasons:
- If a user's information is not current or accurate, or incomplete, including an e-mail address that is inaccurate or no longer in use.
- If underage users create an account without the consent of a parent or guardian.
- If a user's nickname is unethical or immoral. We reserve the right to the final interpretation of “unethical” or “immoral” in case of dispute.
- The right to use an account and qualifications for using the accounts we provide only applies to the users, exclusive of any third parties. Users cannot transfer, loan, or inherit account information or services to the third parties, regardless of the matter of compensation. Users are not permitted to use our service in collaboration with any third partie.
- Users cannot create multiple accounts.
- When users want to change their accounts ID or password, they can do so by following our guidelines.
6. Account Creation
- Users should apply for an account following the guidelines given in section 5 and with the acceptance of the application from our company, the corresponding account is created.
- When the account is created, we consider that the corresponding user and our company has reached to an agreement in terms of the the created account and the corresponding service provided by our company.
- Our company reserves the right to consent for account creation until the following matters have concluded:
- When we determine that we cannot provide accounts while lacking equipment.
- When an error occurs and we can no longer provide sufficient service.
- When we cannot provide accounts due to a business matter.
- When we determine that it is not rational to create an account.
- Due to our company's circumstances such as maintenance during a trial period.
7. Contents & Changes of Service
- Our company reserves the right to add, change and remove part of, or the entirety of service at any time without notice.
- Users should check for notices regarding modifications at any time. We are not responsible for any damages caused by not knowing the changes.
- We are not responsible for damages or losses caused by either of the issues mentioned in the previous two sentences.
8. Attribution of Rights
- Any articles, images, software, contents, programs or individual data are the intellectual property of our company or it's licensee, who retains property rights, which are protected by copyright, trademark and patent laws, therefore users cannot distribute such items without permission of our company or licensee for marketing purposes.
- Users cannot use articles, images, software, contents, programs or individual data, with the exception of the usage of the copyrighted material and with the exception of private use, which is mentioned within the copyright, in accordance with copyright law.
- If any problems occur due to violations of those copyright laws, all the expenses to resolve the situation is fully the responsibility of the user. The user can not make any damage to our company or the licensor.
- Any data within our service is attributed to our company. We have the right to make copies, distribute, change or delete any information uploaded to our service unconditionally. When we distribute such uploaded information, we also have the ability to conceal user information.
- Our company can use any idea uploaded to our service, unconditionally without compensation.
9. Prize Delivery & Article Ownership
- Users will receive prizes won through our service via delivery to the address provided by the user, no third party addresses are allowed for delivery.
- If you want us to deliver your prize, you must make a delivery request within 14 days of the initial winning day, 12:00 AM being the cut-off time. All deliveries must follow our delivery rule guidelines. If you do not make the delivery request within the rules, the user will lose delivery rights for that particular item.
- Any risk of damaging the prize will transfer from our company to the user when an application of delivery is received. The right of prize ownership will be transferred from us at the time the user receives the prize.
- We follow our own fees and pricing, including shipping fees and the method of shipping.
- We decide the method of shipping. Users cannot request the shipping company, alternate methods of shipping, or specify delivery date and time.
- If the prize is damaged or lost before shipping, for any reason attributable to it. Damages and losses of prizes which users receive are included, among other situations, we will reimburse the equivalent value of compensated points only. We are not responsible for any compensation of any damage done to the items.
- When users stops the payments to the service, including requiring reimbursement of the service charge, we will no longer ship the prize. However if the user cancels the above mentioned action within our delivery period, we can still ship the prize.
- If the shipped prize is not delivered due to the mistake or wrong doing caused by user, such as wrong address or having no one available to pick up the delivery at the destination, the user will lose the right to the prize, and prize ownership will be returned to the company. Our company has no obligation to hold any undelivered prizes due to such occurrences, or redeliver, and the user will not be reimbursed with points or money.
- Users are required to pay fees for compensated points and general use of our services, following our guidelines which are already established separately. Including the obligation of being in charge of what users get by using our service and the amount undetermined due to a dispute. Once we've received payment, the payment is non refundable.
- If the user receives a damaged prize or there are other problems to the prize, or if it's impossible to deliver the prizes for any reason attributable to the situation (prizes damage and lost are included, among other situations), they have three days from the day of delivery to contact our company's corresponding contact to exchange it for a new prize without damage. If it is determined that the damage was caused by the user, the prize will not be exchanged. If the user has not contacted our company within the designated period after delivery, we will consider that the prize was undamaged. If we don't have the same prize in stock, we will compensate you. We are not responsible for any compensation for damaged prizes, however we will claim responsibility for defective prizes as stated above.
- Import duties, taxes and charges are not included in the item price or shipping charges. These charges are the buyer’s responsibility.Please check with your country’s customs office to determine what these additional costs will be prior to bidding/buying.These charges are normally collected by the delivering freight (shipping) company or when you pick the item up do not confuse them for additional shipping charges.
10. Temporarily Suspended Services & Other Service Suspensions
- We can suspend our entire service or parts of our service without notice, at our discretion at any time, for the reasons listed below. When it's difficult to provide our entire service or parts of our service, we can suspend our entire service or parts of our service without notice, at our discretion.
- We are not responsible for any indirect or direct loss of the user due to the suspension of the service caused by the circumstances and damages listed below. Direct and indirect loss including but not limited to phone charges, internet fees, and any contract fees between the user the the third party.
- We do not refund or return any points, lost or unused, that a user possesses nor do we compensate damages due to stopping services under following situations:
- Earthquake, tsunami, flood, volcanic eruption, war, political upheaval, riot, fire, blackout, or broken communication lines.
- General or emergency maintenance for our service.
- In case of government order, command or court order.
- In case of any other technical reasons.
- We reserve our right to suspend part of or our entire service within 30 days of notice, due to our own decision, or for any other reasons.
- If a part of, or the entire service gets suspended, the user cannot request lost points, information or data, including the number of points before suspension.
11. Paid Services
- The user can find our paid service price or price setting on either our website or application. When our company or settlement office changes the price setting, the price will always be updated for the user to see.
- When users use our paid services, the user needs to follow our payment guidelines.
- If users are underage, we can put a hold on the payment approval process. After approval, we reserve our right to suspend the entirety, or part of, our paid services to underage user accounts.
- If users are underage or disabled, their legal guardians must approve the use of paid services. Once an underage or disabled person uses points for paid services, we consider that their legal guardians have already given their approval.
- If users using paid services failed to pay by our deadline, we can suspend that user's account without notice. If the user does not pay after a second warning, we can cancel the contract between the user and our company and suspend your account.
- If users use credit cards to pay for our services, any usage fee dispute regarding a settlement operator, credit company, or user must be resolved by the user itself. We claim no responsibility for negligence. If our company is affected in any dispute for any reasons caused by the wrongdoing of the user, the user has to compensate all the damages caused to our company.
- Points purchased are valid for 180 days (cut off time being 12:00 AM) after the day of purchase and is valid only while a user has the right of usage. If the user cancels their account or are suspended by us, all of their points will no longer be valid, even within the 180 days. Users cannot make a complaint or claim regarding this issue.
- We will not provide a receipt directly to the user or notification of payment for our paid service.
- Users cannot cancel or request a refund for any reason. Our company does not need to respond to such requests. Even if you still have points in your account upon cancellation (including when your account is suspended by us), we are not responsible for compensating the user's remaining points.
- We are not responsible for any damages caused by users giving us inaccurate credit card information. If users use false credit card information and a negative situation occurs within our company, the user must take full responsibility in compensating us.
- If a user uses a credit card when using our service, we request approval from the credit card company following our guidelines. If the credit card company does not approve the transaction, we will discontinue the transaction. We are not responsible for any problems caused by this situation.
- Even after a credit card company approves a transaction, but then they asks us to cancel or suspend the transaction, or we find out that the user is using a false credit card, we can stop all transactions.
- We will not hold your credit card information and any other payment information, only pass it along to our settlement office.
- When users have both free points and compensated points, we will take your points from the compensated points first.
12. Handling of Communication & Personal Information
- We will use the user provided private information only for the following reasons:
- Providing our service, when we ship the prize to users, or when we have a Q&A.
- When we send updates by e-mail, such as newsletters or event campaign information regarding our service.
- When we verify your/user’s account.
- When we have to study, analyze and investigate statistics for marketing purposes.
- Our company will protect matters that apply to communication secrets in accordance with relevant laws and regulations, and we will not publish it, excluding to people who have the right or authority, or our partner company via non-disclosure agreement.
- Our company will hold any user history, including data, chatting which consists of characters or symbols, or personal logs, these will be held for use in court cases for dispute arbitration between users and petition for public institution, for maintaining order. If we deem them necessary, we will disclose these logs.
- Our company might entrust personal information to our partner company or subcontractors, which agreed to a confidentiality agreement, only to benefit our service.
- We are able to save a user's IP address, the time of use, and access history logs. We can disclose those if we are requested to clarify something via procedure of trial law or investigation, or we receive an inquiry from an organization, such as a bar association.
- We use our own, as well as third party, cookies for understanding the web application's usage. Cookies are data files which are stored in the user's hard disc drive. Cookies are used to better grasp and analyze application and website usage situations. You can adjust the cookie settings, such as the concern of the cookie, or acceptance of cookies, on your browser. Those cookies are not linked to your personal information. Some links appearing as reference on our website may include other cookies that are not related to our company.
13. User's Information Upload
- When users upload any text message, information, or design while using our service, they have to make sure not to violate our company's or third party's intellectual property right. We are able to check and see those uploads for content management anytime.
- Our company can modify or delete user's uploaded information without notice for the following listed reasons. We do not have the responsibility for managing the uploaded information. We are not responsible for any fee or damage occurred toward a third party, due to not modifying or deleting corresponding information.
- If uploaded information does, or might, violate a third party right unfairly.
- If the uploaded information, is or might be, unethical, hateful, or slanderous toward others.
- When we decide to use the uploaded information for maintenance management.
- If the user's uploaded information causes some damage or cost, the user must cover the cost attributed to our company and compensate us for the damages, based on our company's claim. The user must resolve the situations on their own.
14. User's Obligations
- In order to use our services, users must provide themselves corresponding supplies, such as a user terminal, communication equipment, software, all devices that apply for an internet connection service, and program installation.
- Users cannot share anything related to security such as their account or password with anyone, and must maintain their account on their own, and they have to be responsible for anything regarding usage and management of them. Users are responsible for problems caused by third party interference.
- When a user's account needs to be modified, it needs to be modified as soon as possible under our guidelines. Any damage, losses or disadvantages caused by not modifying the account is the user's responsibility. We are not responsible for anything.
- When users find any errors or problems within our service, they must use our contact form to contact our website as soon as possible. When users find another user violating our policies, they must report the incident as soon as possible. We consider that users understand that we don't accept any other method of contact.
- Users must use our service within legal responsibility and own capacity, and the user is responsible for what they have done, regardless of the situation. Users are responsible for any damage, such as legal fees. Therefore our company is not responsible for any illegal activity regarding user's acts conducted by the user.
15. Prohibited Matters & Account Suspension
Regarding our service matter, users must not do the following, either inside or outside the service:
- Violate our or the third party intellectual property rights. Including actions that would violate Japanese law or be unethical.
- Disclose or report third party personal information, or violate their privacy and right of publicity. (Including third party information not within our service.)
- Unless when consented by our company, users cannot transfer,lend or inherit any data or information to the third party,regardless of the cost or price.
- Interfere with our management or other users, such as creating or sending harmful things, such as computer virus, etc.
- You cannot modify, tamper with, or edit any information contents or copyright which we sent to users through our service, or redistribute in any other methods. Users cannot announce any instructions or methods in which to modify, tamper with, or edit on our company's website, application or any other websites including user's own websites.
- Publish, disclose, provide or send, false information or scams, which would violate our company or third party's rights and properties. Discrimination, defamation, or any defamatory acts that discriminates, slanders or that violates a third party's communication privacy.
- Publish, disclose, provide or send something to upset our company including the third party, such as unethical behavior, slander or disclosure of information to the public.
- Use a false identity, hacking, receiving points by illegal means, stealing points or using software bugs on purpose.
- Make or organize accounts related to a cult, racist group, sex, ethnic group, a group with commercial purposes, creed based on prejudice, or any sales or for profit activities, or preparation for those.
- Disclose your (the customer’s) own or third party account ID and password, or buy and sell it.
- Users cannot take part in program or software (including client software and server software) bug usage for unjust reasons, or disclose that to the public.
- Any action involving server emulation regarding our service in regard to the development, creation, distribution, or any utilities regarding our service program or emulated software.
- Modify, edit, translate our service's program or software, create a copy using another method, a malicious act such as decompiling, disassembling, or analyzing communication regarding our service.
- Aside from the items listed above, any act that violates and damages our or a third party's rights or profit. Any actions that violate law, regulations or order, or similar actions which are listed in prior sections or do something which might cause these things to occur.
- Always provide normal operations of our service.
- Bug free, error free, or have no problem with our data,information, services or any software we provide.
- No suspension, provide on time, or have continuous access to our server.
- That the method or purpose of our service will meet your expectations.
- The information we provide is always accurate and reliable.
- That any information you receive or have saved using our service will be definitely saved to the prescribed server, or that the information you have sent will have been sent to us or our third parties, or displayed correctly.
- That a part of or entire uploaded information to our service won't be lost.
- That our service is safe. (Including but not limited to instance such as using our service will not interfere with a user's computer or internet environment)
- That the individual internet and communication environment that our service and users rely on will always be functioning properly. We are also not responsible for any points lost due to unexpected suspension, as a result of the computer environment.
17. Usage Limit of Our Service & Usage Limit Disqualification
- When users do the following things, we can suspend your service at our discretion without any additional procedures. We can also decide the suspension limit.
- When a user's password or account information leaks to a third party, and the third party uses our service inappropriately or do something which might cause these things to occur.
- When we consider that a user's act affects our company detrimentally.
- When a user's act violates Apple Inc. and Google Inc.'s policies.
- When a credit card company or settlement agency rejects a user's payment, when we receive notification of a declined credit card , or when they find an injustice regarding a user's payment.
- When a user creates several accounts and one of their accounts is suspended, we can suspend the rest of their accounts.
- When a user receives a notification from us regarding usage limit, but did not correct the situation within required time limit, we can disqualify them and stop their service. When we decide that a problem of their usage limit is aggravated or enormous, we can disqualify the account without notice and stop service.
- When a user's account is suspended indefinitely, all compensated points or rightfully earned prizes will be terminated. Therefore we will not refund the points or deliver the prize, and we claim no responsibility for this matter.
18. Suspension of Use & Cancellation of Service
- When a user wishes to cancel our service, please follow our guidelines and contact us.
- When a user cancels an account, they will lose the right of their compensated points or prizes won. We have no obligation to refund any points or deliver any prizes.
- When users wish to stop our service, there is no extra fee to stop our service.
- Even if the user deleted our application, your posted information will not be deleted.
- The user is responsible for use of our service and result of our services. If a user inflicts damage upon a third party, it's the user's responsibility and needs to be resolved on their own, therefore they cannot inflict damage toward our company.
- Users must save any content they post on their own, therefore if we lose any of the user's data, the user cannot issue blame toward us.
- When someone verifies an account using copied information, we consider it an effective procedure, and are not responsible for any damages.
- Users must take care of their health, therefore it is their responsibility to limit the amount of game-play in order to reduce any ill effect. We are not responsible for any ill effects caused by deviating from this warning.
- We are not responsible for any errors against users and third parties caused by installing each game client program, including token failure and errors. Our company provides our services rationally and we consider that users are in agreement that we will not always correct errors. We are not responsible for the information you receive by using our service regarding it's integrity, accuracy, applicability or usefulness. We are not responsible for any disadvantages or damages, (everything included in the software, data, or trouble which has occurred to the hardware, is included) against users or third parties.
- We are not responsible for cases where users change their cell- phone, smart-phone or tablet-like-devices and are unable to use their previous accounts.
20. Liability for Damages
- When a user commits even one violation that is prohibited, we can claim compensation.
21. Jurisdiction and Governing Law
- If any trouble occurs in relation to our service between the user and our company, within principle, we will resolve the issue sincerely in good faith between us. If it is difficult to resolve the issue between us on our own terms, lawsuits will be taken care of by Tokyo's Summary Court or Tokyo District Court, which are exclusive jurisdiction courts, but for any lawsuit, the court will begin within one year. If times passes beyond one year, the lawsuit will be thrown out.
(Appendix) Effective March, 1st 2018
Revision effective on May 17th, 2018