These terms of use (these "Terms of Use") set forth the conditions for use between the Users (as defined in Article 1) using the Services (as defined in Article 1) provided by mUniSm Co., Ltd. (the "Company"), and the Company. The Services are available only after the User has confirmed these Terms of Use, and consented to all of the contents hereof.

Article 1Definitions

Services
The provision of the application including the game production tools and the agent services for registration of the game produced by the users to the store
User(s)
Users of the Services, or those intending to use the Services
Terminal(s)
Computers or mobile terminals through which the Users use the Services
Game
Game created by the Users using the Services

Article 2Application and Modification of These Terms of Use

  1. The User must consent to these Terms of Use upon starting their use of the Services. Upon the User consenting hereto, these Terms of Use will be applied between the User and the Company. If the User is unable to consent hereto, he/she will not be permitted to use the Services.
  2. In the event that the User is a minor, he/she shall obtain the consent of a legal representative such as a person with parental authority, etc. in using the Services. In the event of the User continuing the use of the Services after reaching adulthood, he/she shall be deemed as having retrospectively approved his/her use during his/her childhood.
  3. These Terms of Use may be modified without notifying the Users in advance. The Terms of Use after such modification shall become effective from the time they are displayed within the Services, except for cases separately set forth by the company. In the event of the User using the Services after modification, he/she shall be deemed as having consented to the modified Terms of Use.
  4. The Company will not be liable for any damage incurred by the User due to him/her not confirming the content of these Terms of Use.
 

Article 3Use of the Services

  1. In using the Services, the User may use data such as texts, images, movies, sounds, etc. possessed by the User (the “Materials”); provided, however, that such Materials may not be used if any of the following situations apply:
    1. When there is a danger of infringing upon any third party intellectual property or other rights;
    2. When it is possible that others may feel uncomfortable; or
    3. When the Company otherwise considers that it is inappropriate.
  2. The Users represents and warrants that usage of the Materials and the Game do not infringe any third party intellectual property or other rights
  3. The Users must correctly enter the settings of their mobile terminals. They must not enter such settings with false IP addresses, regions or languages, etc.
  4. The Users shall bear the burden of procuring their mobile terminals, telecommunication fees and other equipment and services required for the use of the Services at their own responsibility and expense.

Article 4Obligations of the Users

  1. The User agrees to use his/her account (if an ID and password is to be registered, including the password and all information incidental to the saved information) only for the purpose of using the Services.
  2. The User may not transfer, lend or sell his/her account under any circumstances. If the application (the “Application”) is used via a User’s account, the Company will deem such use as use by the User who owns the account, and will not be liable for any consequences of the use of such account.
  3. In the event of the User becoming aware that his/her account has been wrongfully used, the User must report it to the Company, and make reasonable efforts to correct the situation. The Company will not be liable for any damage arising due to the wrongful use of the Users’ accounts.
  4. In the event that the User detects any malfunctions such as bugs or errors with regard to the Services, he/she shall promptly report the same to the Company, and shall agree not to communicate the fact to anyone but the Company.

Article 5Intellectual Property Rights Concerning the Services

  1. The intellectual property (images, movies, text, music, programs and any other information) concerning the Services belong to the Company or any person or entity individually permitted by the Company. Except for cases where it is permitted under the relevant laws or regulations, the User must not use such contents of the Services by means such as copying, transferring, lending, modifying, transmitting to the public, publishing or using the same for his/her own sales activities, etc., without the Company’s permission.

Article 6Damages

  1. In the event that damage is incurred by the Company and/or any third party, due to the User wrongfully using his/her or a third party’s account, he/she shall compensate the Company and/or such third party for the damage.
  2. In the event that the User’s usage of the Materials or the Game infringes any third party intellectual property or other rights contrary to Paragraph 2 Article 3, the User shall compensate the damage incurred by the Company and/or any third party. Provided that, if the Company compensates primarily the damage incurred by third party, the Company may demand for reimbursement of compensation from the User.
  3. In the event that the Company inflicts damage upon the User due to reasons attributable to the Company, the Company will provide compensation for the damage. As for the scope of the Company’s liability, the maximum amount shall be the total amount of the usage fees for the Services that the Company has received from the User (excluding the commission fees, etc. for the usage fee collection agent), and the scope thereof shall cover only the directly incurred damage (excluding any lost profits and consequential damage, etc.).

Article 7Prohibited Matters

When using the Services, the User shall refrain from intentionally or negligently engaging in any of the following acts:
  1. Acts that breach any laws or regulations, or acts against the social order;
  2. Acts relating to criminal acts;
  3. Acts of destroying or obstructing the functions of the Company’s server or network;
  4. Acts which carry the danger of obstructing the operation of the Company’s Services;
  5. Acts of taking advantage of any bugs, errors or other malfunctions of the Services, or aiding or abetting such act;
  6. Use of any wrongful tools in connection with the Services modifying any applications, acts of deriving source code or internal data, and any and all acts inducing or promoting such acts;
  7. Acts of collecting or accumulating personal information concerning other Users;
  8. Acts of impersonating other Users;
  9. Acts of providing benefits, either directly or indirectly, to anti-social forces, in connection with the Services of the Company;
  10. Acts infringing upon intellectual property, portrait rights, privacy, fame or other rights or benefits of other Users of the Services or of any third party;
  11. Acts of posting or transmitting excessively violent expressions, explicit sexual expressions, expressions that may trigger discrimination based on race, nationality, ideology, gender, social standing, origin, etc.; expressions that may induce or promote suicide, self-harm or drug abuse, and other expressions that include anti-social contents and/or give others a sense of discomfort;
  12. Acts aimed at sale, promotion, advertising, solicitation, or other acts for the purpose of gaining benefit (excluding those permitted by the Company); acts for the purpose of sexual conduct or obscene acts; acts for the purpose of getting to know or dating unknown persons of the same or opposite gender; acts for the purpose of harassing or defaming other clients; and other acts of using the Services for a purpose of use other than those contemplated in connection with the Services;
  13. Religious activities or acts of soliciting entry into religious groups; and
  14. Acts which the Company otherwise considers inappropriate.

Article 8Discontinuation or Deletion of the Services

  1. The Company may discontinue all or part of the Services with regard to the User without giving advance notification, if any of the following situations arise:
    1. The User breaches any of the provisions in these Terms of Use;
    2. A wrongful use of the User’s account is detected;
    3. The User has not used the Services for more than six (6) months; or
    4. The Company otherwise considers the use of the Services by the User to be inappropriate.
  2. f any of the items in the preceding paragraph apply, the User’s relevant account and/or the date therein shall be temporarily or permanently invalidated. The User shall, at the same time, lose the in-Service virtual currency which he/she owns, as well as the right to use the Services, etc.
  3. The Company will not be liable for any damage incurred by the Users due to any acts of the Company based on these Terms of Use.

Article 9Use of in-Service Virtual Currency

  1. The User shall purchase the in-Service virtual currency at his/her own responsibility and expense.
  2. As a general rule, the Company will not transfer the in-Service virtual currency between different accounts, even if two (or more) accounts are owned by the same User.
  3. In the event that the User is a minor, the Company may set a limitation on the purchase of the in-Service virtual currency. Such limitation shall be separately set forth in the Services.
  4. The User must not (i) trade the in-Service virtual currency with a third party, or (ii) transfer or sell the in-Service virtual currency to a third party.
  5. The User may no longer use the in-Service virtual currency if his/her account becomes invalid due to the termination of the Services, changing of mobile terminals or cancellation of use. In such cases, the Company will not refund the in-Service virtual currency.
  6. If any error occurs in the amount, etc. of the in-Service virtual currency upon the issuance thereof, such amount, etc. may be corrected or cancelled.
  7. The Company will not refund the in-Service virtual currency upon the termination of the Services, except where otherwise provided for by relevant laws or regulations, etc., or otherwise stated.

Article 10Handling of Personal Information

  1. The Company may obtain personal information upon the Users’ use of the Services. The Company will handle such information appropriately under the Privacy Policy to be separately published (within the Services or the services through which the Services are distributed, etc.) The Users shall consent to the said Privacy Policy.

Article 11Disclaimers

  1. The Company provides no guarantee, whether explicitly or implicitly, that the Services do not include any virtual or legal defects (including, for example, any guarantee as to safety, reliability, correctness, integrity, validity, fitness for a particular purpose, deficiency, errors or bugs concerning security, etc., or infringements of rights).
  2. The Company will not be liable for any damage arising with regard to the Users due to the Services. The Users may only claim compensation for damage from the Company in the case where there are reasons attributable to the Company.
  3. The Company may suspend or discontinue the operation of the Services or change all or part of the information posted on its website (the “Website”) without giving advance notification.
  4. In the event that any third party incurs damage, or any dispute arises with a third party due to the use of the Services, the relevant User shall resolve the same at his/her own responsibility and expense, and the Company will not bear any liability whatsoever. In the event that any obligation to provide compensation for damage arises, or any fee arises, due to a dispute between the User and a third party, the User shall compensate or indemnify such third party for the same.

Article 12Validity of These Terms of Use

  1. Even if any part of these Terms of Use is found to be invalid due to any laws, regulations, etc., such fact shall not affect the validity of the parts other than the relevant invalid part of these Terms of Use.

Article 13Governing Law and Jurisdiction

  1. These Terms of Use shall be governed by and interpreted in accordance with the laws of Japan. In the event of any dispute arising in court due to or in connection with these Terms of Use, the Tokyo District Court shall be the court with exclusive agreed jurisdiction for the first instance.

Article 14Contact Information

For inquiries concerning these Terms of Use, please contact us at the following contact point:

Contact



2nd edition: April 17, 2018 formulated

mUniSm Co.,Ltd. All rights reserved.