Effective Date: March 24, 2021
IMPORTANT: PLEASE READ—USE MEANS ACCEPTANCE!!
2. Device Usage
You represent that you own or control the device you use to access our Services ("your Device"), and understand that airtime, data, messaging, and other charges from the provider of your Device may apply. It is your responsibility to determine what costs apply, and to pay those costs. In addition, it is your responsibility to determine whether your Device is compatible with our Services.
DeNA does not make any representations, warranties, or guarantees that our Services will be compatible with, or accessible by, your Device.
(b) Compliance with Third-Party Terms. This grant of license is conditional on your compliance with the terms and conditions of use of third parties as may be applicable to your use of our Services, including the terms and conditions of any mobile application storefront/marketplaces of our Services.
(c) No Sale. You agree that our Services and any DeNA Content are at all times licensed and not sold.
4. User—Generated Content
(b) Ownership and License — How We May Use Your Content. Subject to the following license between you and DeNA, you retain ownership of all of your rights in the User Content. By posting, storing, or transmitting User Content, you (i) authorize DeNA to reproduce, distribute, transmit, and use such User Content as necessary to facilitate the posting, storage, and transmission of, and the access to, such User Content; and (ii) grant to DeNA a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, distribute, publicly perform, publicly display, reformat, translate, excerpt, modify, and create derivative works of your User Content for any purpose (commercial or non-commercial). You may request removal of any of your User Content from our Services at any time, in which case the foregoing license will terminate with regard to future use after we remove it; however, DeNA may retain archived copies of your User Content for so long as is necessary for administrative purposes, and, if DeNA has used your User Content prior to removal, DeNA may continue to use your User Content in any manner DeNA previously had used such content unless privacy laws applicable to you provide otherwise. (For example, if your User Content was included in an advertisement, DeNA may continue to use such advertisement.)
(c) No Liability for User Content. DeNA has no liability to you for User Content, and makes no representations or warranties, express or implied, as to or the accuracy, reliability, or content of User Content and such User Content does not necessarily reflect the opinions, positions, or policies of DeNA. Although DeNA provides rules and principles for user conduct and postings, DeNA does not control, and has no liability to you for, what users post, transmit, or share. Further, DeNA has no liability to you for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter or access.
5. User Conduct
(a) General. You may use our Services solely for your personal, non-commercial, and entertainment use. You represent, warrant, and agree that you will not use our Services in an unlawful, threatening, or harassing manner, or take any action that, in DeNA's sole discretion, is considered offensive, libelous, defamatory, immoral, objectionable, or unethical or that is otherwise inconsistent with the standards of the relevant community and good conduct that DeNA intends to govern the use of our Services. In addition to the above, you agree not to do any of the following in connection with our Services:
- Post, upload, publish, submit, or transmit any text, graphics, images, software, music, audio, video, information or other material that:
- infringes, misappropriates, or violates a third party's rights (including intellectual property rights);
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading, or deceptive;
- is defamatory, obscene, pornographic, vulgar, or offensive; promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
- is harmful to minors
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
- Use, display, mirror, frame, or utilize framing techniques to enclose any content, or any individual element or materials of any content, any name or trademark, logo, or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without express written consent;
- Access, tamper with, or use non-public areas of any system, software, or network;
- Attempt to probe, scan, or test the vulnerability of any system, software, or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure;
- Attempt to access or search services or content, or download content, through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by the service or content provider or other generally available third-party web browsers (such as Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, Apple Safari, or Opera);
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing any trademark, logo URL, or product name without express written consent;
- Use any services or content for any commercial purpose or the benefit of any third party;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way any services or content to send altered, deceptive, or false source-identifying information;
- Attempt to decipher, decompile, disassemble, or reverse engineer any software used to provide services or content;
- Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing;
- Collect or store any personally identifiable information from any service, or from other users of services, without express permission;
- Impersonate or misrepresent your affiliation with any person;
- Violate any applicable law or regulation;
- Take any action that infringes or violates the rights of any other person or entity;
- Bully, harass, or intimidate any person;
- Circumvent any restriction to Services based upon age, geography, or any other restrictions imposed by us;
- Solicit credentials from another person or collect user content or otherwise access any system, software, or network by automated means, including bots, robots, or spiders;
- Create an account for anyone other than yourself;
- Use your account or profile for personal commercial gain;
- Use cheats, exploits, hacks, bots, mods, or third party software designed to gain an advantage, perceived or actual, over other persons, or modify or interfere with any system, software, or network in any way;
- Abuse or exploit a bug, glitch, or other mechanism in any system, software, or network
- Engage in any fraudulent behavior, including credit card scams or credit card misappropriation; or
- Encourage or enable any other person to do any of the foregoing.
(b) Not Restricted Country/Party. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(c) Legal Action by DeNA. DeNA reserves the right to investigate and take legal action against violators as appropriate.
(d) Notification of Prohibited Acts. If you believe any of the foregoing prohibited acts are taking place, please notify us promptly at firstname.lastname@example.org.
6. Content Removal & Termination
8. Policy on Infringing Use
(a) Policy Statement. DeNA respects the intellectual property rights of others and expects its users to behave likewise. Accordingly, you may not upload, post, send, or transmit to or through our Services any materials that violate third party intellectual property rights. Further, in accordance with DeNA's repeat infringer policy expressed in our Copyright Infringement notice available here and incorporated herein by reference, it is the policy of DeNA to suspend, restrict, or terminate, in appropriate circumstances, subscriptions and accounts held by users who are repeat infringers. For greater certainty, the foregoing is in addition to and without limitation of anything else herein or at law, including DeNA's right, in its sole discretion, to cause the suspension, restriction, or termination of access to our Services for users who infringe any intellectual property rights of ours or of any third party at any time, including those who are repeat infringers for the purposes of applicable law.
(b) Infringement. If you believe that any copyrighted work owned by you has been copied or used in such a manner so as to constitute copyright infringement in connection with material or data provided through our Services, you may notify DeNA's designated copyright agent for receiving claims of copyright infringement as follows:
ATTN: COPYRIGHT AGENT
DeNA Co., Ltd., Shibuya Hikarie, 2-21-1 Shibuya, Shibuya-ku,Tokyo 150-8510 JAPAN
Please note, though, that as referred to in more detail in our Copyright Infringement notice available here certain legal requirements and restrictions apply to such notices; you are encouraged to familiarize yourself with such requirements and restrictions, or to consult an attorney, before providing any notices of any kind to us in this connection.
9. Disclaimers; No Warranties
YOU EXPRESSLY AGREE THAT THE USE OF OUR SERVICES OR ACCESSED SERVICES IS AT YOUR SOLE RISK. OUR SERVICES, INCLUDING ANY CONTENT PROVIDED THROUGH OUR SERVICES AND ACCESSED SERVICES, IS PROVIDED ON AN "AS IS" BASIS AND DENA HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. FURTHERMORE, DENA HEREBY EXPRESSLY DISCLAIM ANY LOSS OR DAMAGE CAUSED AS A RESULT OF VIRUSES, BUGS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL ARISING FROM A USER'S USE OF THE SERVICES, AND USERS ARE RESPONSIBLE FOR USING THEIR OWN VIRUS PROTECTION SOFTWARE.
DENA MAKES NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DENA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, LICENSES, OR CONTENT PURCHASED OR OBTAINED THROUGH OUR SERVICES OR ACCESSED SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES OR ACCESSED SERVICES.
TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR ACCESS TO OR USE OF OUR SERVICES.
10. Limitation of Liability
IN NO EVENT WILL DENA, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM YOUR USE OF ANY OF OUR PRODUCTS OR SERVICES, EVEN IF DENA IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, DENA'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS (100 US DOLLARS). TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE DENA'S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR ACCESS TO OR USE OF ANY OF OUR PRODUCTS OR SERVICES.
(a) With Third Parties. You are solely responsible for your interactions with third parties.
(c) Jurisdiction and Venue. You and DeNA agree to submit to the exclusive jurisdiction of, and venue in, the Tokyo District Court in Japan with respect to any dispute between you and DeNA. You hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to this choice of jurisdiction and venue. This choice of jurisdiction and venue does not prevent either you or DeNA from seeking injunctive relief for any violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
DeNA Co., Ltd., Attn: Legal Department, Shibuya Hikarie, 2-21-1 Shibuya, Shibuya-ku, Tokyo 150-8510 JAPAN.