TRANSLATION FOR REFERENCE PURPOSES ONLY
- This is an English translation of the original Japanese text of the Application Terms of Service, and is prepared for reference purposes only. The Japanese original is the governing document and this English translation shall have no legal force.
Application Terms of Service
Article 1 (Use of the Application)
- 4. Minors and competency-restricted individuals such as adults under a legal guardianship must obtain the prior consent of a legal representative, such as a parental authority, before using the Application.
Article 2 (Application of the Terms of Service)
- 1. By agreeing to the stipulations of the Terms of Service, the user establishes an agreement to use the Application in accordance with the Terms of Service.
- 2. The user may terminate use of the Application at any time by uninstalling, discarding, or deleting the Application.
Article 3 (Licensing and Related Matters)
- 1. The license granted to the user by the Company is limited to a license to use the Application in accordance with the Terms of Service, and does not include any rights to sell the Application. Furthermore, in the case that the Company should terminate the contract for any reason, the ownership rights to the Application will be transferred as-is to the user at the same time that the contract is terminated, under the understanding that the Company retains absolutely no liability.
- 2. The user shall use the Application under a single user name and on a single mobile device, in its as-is condition as provided by the Company, only for non-profit purposes, and not for any other purpose, such as use in another person's name, or transfer or sublease to any third party, whether in return for compensation or free of charge.
- 3. The user may not commit acts such as reproducing, amending, modifying, revising, or translating all or any part of the Application.
- 4. The user is strictly prohibited from committing acts such as decompiling, disassembling, or reverse engineering all or any part of the Application, or any other method that would extract the source code of the Application.
- 5. All copyrights, trademarks, and other intellectual property rights for the Application, including its characters, storyline, images, pictures, video, music, text and so on, are the property of the Company, and may not be used by the user without the permission of the Company.
Article 4 (Disclaimer)
- 1. The Company provides the contents of the Application as-is to the user at the time of download by the user, and makes no guarantee to the user of normal operation of the Application in any usage environment, or of the operation of all functions of the Application.
- 2. The Company bears no responsibility for the preservation, maintenance, restoration and so on of any information related to the Application, including information related to in-Application purchases as established in Article 7. Due to the nature of the Application itself, all information related to the Application is stored on the mobile device of the user, and is, therefore, the sole responsibility of the user.
- 3. The Company shall not be held responsible for any damages incurred by the user due to use of the Application, with the exception of damages originating from bad faith or gross error on the part of the Company.
- 4. In the event that the Company assumes the obligation to compensate the user for damages originating from bad faith or gross error, the sum of said compensation shall not exceed the total usage fees paid by the user to the Company before the relevant damaging incident, and the scope of said compensation will be limited to immediate damages which have actually occurred. The Company accepts no responsibility for indirect damages, secondary damages, or special damages as well as lost profit, including any and all predicted future damages.
- 5. The Company shall not provide any form of individual support to the user regarding the use of the Application.
Article 5 (Methods of Use)
- 1. In order to use the Application, it is the responsibility of the user to make certain beforehand, at the user's own expense, that all means necessary for use of the Application are available to the user, including equipment such as any necessary software and a mobile device, as well as any other means such as an internet connection.
- 2. The Company may alter all or any part of the content of the Application, or suspend provision or updates of the Application, at any time without the prior consent of the user. Furthermore, these Terms of Service, as is recorded in the Application, shall as a matter of course continues to include the Application after it has been altered.
Article 6 (Usage Fees)
- 1. When using the Application, the user shall pay the usage fees as established on the official website for the Application, according to the method or methods established on said website.
- 2. Said usage fees and payment methods may be altered at any time, and in the case of such an alteration, the altered usage fees and payment methods shall go into effect immediately. In such a case, the user shall not be individually notified. Therefore, it is recommended that the user regularly check the official website for the Application.
- 3. The Company shall not make any refund whatsoever of usage fees paid by the user, with the sole exception of the cases established in Article 4, Clause 3.
Article 7 (Purchase System)
- 1. At the time that the user begins using the Application, some of its functions, information, and other components of the Application may be limited. If the user wishes to use these limited components, an individual usage fee must be paid in accordance with the in-Application guide.
- 2. The payment of an individual usage fee as outlined in the above clause is designated as an "in-Application purchase", and all features which may involve in-Application purchases (including all elements related to in-Application purchases, such as features for purchasing in-Application items and said items, and features such as websites or any online platform provided by a third party which provide access to said items) are designated as the "in-Application purchase system".
- 3. The in-Application purchase system will require payment in actual currency only when purchasing medals. In every other instance, without exception, no exchange of actual currency between the Company and the user, or the user and any third party, will be conducted or allowed.
- (1) "Medals" are special items which can be used to gain access to other point-related items. Regardless of the implications of their name, medals are essentially the usage rights to access point-related items. They are not a virtual currency or "net money" and cannot be used to make purchases like a real currency.
- (2) "Point-related items" are a type of item which can be accessed via an exchange of medals, not actual currency.
- 4. When the user purchases medals, those medals can be redeemed for the usage rights to an equivalent point value of point-related items.
- 5. Any point-related items which have been acquired by the user cannot be exchanged between any combination of the Company, the user, or any third party for anything beyond the effects of said item, including benefits, goods, currency, or anything with monetary value. Also, medals which have already been spent cannot be re-spent to purchase another point-related item.
- 6. Please be aware of the following points when using any acquired medals and/or point-related items.
- ①According to their individual natures, medals and/or point-related items may be reduced in quantity or disappear entirely when spent or consumed in-Application. An explanation of any reduction or disappearance which may occur upon use is given when said items are provided, and it is recommended that the user make use of said items only after carefully reading said explanation. In the case that these items should be reduced or disappear due to use, as explained, it shall be assumed that the user made use of said items after agreeing to the Company's explanation. In accordance with this, the user may not cancel orders, or receive a refund, an exchange for other goods, or another download of said items.
- ②The term of validity for medals is 180 days from the date of purchase. Please be sure to use any purchased medals within this period. Medals for which the term of validity has expired will become unusable, without exception, and the Company accepts no responsibility for the expiration of the term of validity for any medals.
- ③According to their individual natures, some point-related items may also have a set term of validity. In such cases, point-related items for which the term of validity has expired will become unusable, and may disappear.
Article 8: (Prohibited Acts)
- 1. The user is prohibited from committing any of the following acts while using the Application or related services.
- ①Acts which violate the law, or which risk violating the law
- ②Acts which are detrimental and/or damaging to the Company or any third party
- ③Acts which slander, defame the prestige or credibility, or violate the privacy of the Company or any third party
- ④Acts which violate the rights of any party related to or using the Application, including the Company, other users, or any third party (including but not limited to intellectual property rights, other property rights, privacy, rights to usage of one's likeness, prestige, and/or credibility)
- ⑤Acts which use the Application for money-making purposes, commercial purposes, or for the profit of any third party without the consent of the Company
- ⑥Acts which utilize the Application or the official website for the Application for the purpose of gathering or meeting face-to-face with other users, and/or for the purpose of spreading an announcement of any meeting targeted at unspecified large numbers of people with the intent to gather participants
- ⑦Acts which exchange medals and/or point-related items for profit in the form of any real-world currency, property, or other assets, whether within or outside of the Application (also known as "real-money trading") and all acts of preparation for such, including incitement to an offer of exchange, any such offers themselves, and consent to such offers
- ⑧Acts intended to advertise a commodity, display profile content intended for publicity purposes, or any other solicitation such as spam mail or chain mail, without the consent of the Company
- ⑨Acts involving masquerading as an employee of the Company, any of its affiliated companies, as well as any third party
- ⑩Acts involving use of the Application and/or accessing or attempting to access the Application or the official website of the Application via means or methods not authorized by the Company
- ⑪Installation or use of the Application by a competency-restricted individual without the consent of a legal representative
- ⑫Any other act which the Company may judge to be prohibited and of which users have been informed via a notification or public announcement
- 2. In the case that the user should commit any of the acts in the above clause, or any acts which violate the Terms and Services, the Company reserves the right to terminate the use of the Application by the user as well as to claim restitution from said user.
Article 9 (Company Inquiries)
- 1. In the event that, due to rational reasons, the Company is in doubt as to whether the user is using the Application in compliance with the Terms and Services, the Company may require an explanation regarding said doubts from the user, and the user shall be required to provide said explanation.
- 2. In the case that the user does not provide an explanation as outlined in the above clause, the Company may terminate the use of the Application by the user.
Article 10 (Management of User Information)
- 1. The Company may collect information such as technical information specifying the user's mobile device, operating system, application software, and peripheral hardware as well as related information (hereinafter referred to as "User Information"), and may use, save, transmit and/or publicly announce said collected information.
- 3. In the case of a built-in function in the Application which uploads data to the user's mobile device at any time and/or displays advertisements with content which may change at any time, in order to calculate the number of times the user has viewed said advertisements while using the Application, data may be collected from the user's mobile device such as age, identification number, manufacturer, model, location, advertisement display available time, and size, and in the case that the user views said advertisements, any responses made by the user. Also, in situations where the customer appears unable to make specifications, only those total numbers can be made public except for applicable advertisement vendors as well as those transfers approved by the Company. In the case that the user does not wish to receive such advertisements, please do use the Application.
Article 11 (Governing Law and Jurisdiction)
- The Terms and Services are in conformity with Japanese law, and it is agreed that the first hearing shall be under the exclusive jurisdiction of the Osaka Summary Court and Osaka District Court.
Article 12 (Contact Information)
- Please direct any questions or comments about the Terms of Service to the following:
Company Name: SNK PLAYMORE Corporation
Address: 1 -16-17 Esakachō, Suita-shi, Osaka, Japan 564-0063
Contact Us: Please contact firstname.lastname@example.org