This Terms of Service (“TOS") sets forth the terms and conditions for the use of the service known as Maimai DX NET (the "Services") as provided by SEGA CORPORATION (the "Company").
The user of the Services ("User") must acknowledge and accept the provisions of this TOS in order to use the Services.
Article 1 (Application of TOS)
- This TOS is intended to establish the rights and obligations between the Company and the User in connection with the use of the Services.
- Any rules, guidelines, regulations, notes, explanations and other statutes of the Services posted by the Company on the Services website ("Services Site") shall form part of this TOS.
- The Company may from time to time, at its discretion, modify, add or delete any provision of this TOS without prior notice to the User.
Any modifications, additions or deletions (together, “Changes”), shall become effective when the Company posts these Changes on the Services Site.
The Company shall deem that the User acknowledges and accepts any Changes by continuing to use the Services after said Changes.
Article 2 (Contents of the Services)
- The Services provide the functions available in the Company’s arcade game, Maimai DX (the "Game"). Details of the Services shall be set out on the Services Site.
- The Company may change the contents of the Services, in whole or in part, without prior notice to the User.
The Company shall not be liable for any damages incurred or consequences or other claims by the User as a result of such change.
Article 3 (User registration)
- A person who wishes to use the Services ("Applicant") shall submit an application for use of the Services, acknowledge and agree to this TOS and enter the requested information on the Services Site.
- When the Company indicates on the Services Site that the application has been completed for the use described in the preceding paragraph,
a usage contract for the Services under the terms and conditions of this TOS shall be deemed concluded between the Company and the Applicant, and the Applicant’s user registration process will be complete.
- In the event that the Applicant is a minor (for the purposes of this TOS only, a minor shall mean: (1) if you are a resident of Australia,
then under the age of 15 or; (2) if you are a resident of Hong Kong SAR, then under the age of 18 or; (3) if you are a resident of Singapore,
then under the age of 13 or (4) if you are a resident of Japan, then under the age of 20) or a person with limited capacity, then the Applicant must first obtain the consent of the Applicant’s parent or legal guardian.
When an Applicant is a minor and applies for the use of the Services, the Company shall deem a parent or legal guardian has given its approval and consent under the terms and conditions of this TOS.
- To use the Services, the Applicant shall complete a membership registration for an account that is issued by a third party as well as register for a SEGA ID (issued by SEGA CORPORATION) (collectively,
the "External Account"). The third party system is compatible with the Company’s Aime authentication system.
The Company shall not be liable for any damages arising from the use of the External Account by the Applicant.
- Only one Aime account that is linked to the External Account can be used for the Services. Even if the User has more than one Aime account linked to the External Account, only the Aime account (main card) that the User designates can be used for the Services.
Article 4 (Cancellation by User)
The User may cancel a usage contract for the Services at any time in the manner separately set forth by the Company on the Services Site.
Article 5 (Usage environment)
The User shall, at their own responsibility and expense, ensure they have proper usage environment required for the use of the Services, including but not limited to communication equipment and connection, proper hardware capabilities and the software needed to use the Services as they were designed.
The Company will not be liable for any damages incurred by the User arising from or in relation to the User’s usage environment or lack thereof.
Article 6 (Administration of IDs and passwords)
- IDs and passwords registered by the User in the Services shall be used only by the User and shall not be used by any third party, nor transferred, assigned, shared or otherwise disposed of.
- The User shall be personally responsible for the use, storage, and management of their ID and passwords. The Company shall not be responsible for any damage to the User caused by the use and/or misuse of User ID or password by a third party.
Article 7 (Transmission of information)
- The User shall grant the Company free and nonexclusive right to reproduce, transmit and otherwise distribute information transmitted (uploaded) via the Services ("User Data").
In the event that copyright derives from such information, the User shall not assert the moral rights of author against the Company.
- The User shall not include personal information (anything that can personally identify the User) in the User Data unless otherwise specified by the Company.
- With respect to the User Data, the User shall not transmit information that infringes the rights of third parties; violates laws and regulations in the jurisdiction they reside in; is contrary to public order and moral; violates the uses the Services; is aimed at sales, political,
or religious activities; is discriminatory; or interferes with the use of the Services by other Users. The Company shall, modify, remove or place a temporary hold on part or all of the User Data without prior notice to the User when the Company determines,
in its sole discretion, that the User Data meets or is likely to meet any of the above prohibited acts. The Company is not obligated to modify, remove or place a temporary hold on a User’s User Data.
- In the event that (a) the Company suspends the Services or cancels the usage contract for the Services, or (b) that the User terminates the usage contract for the Services, then the Company may immediately delete the User Data or take any other action deemed appropriate.
- The User shall be responsible for backing-up or otherwise storing a copy of their User Data and the Company shall not be liable for erasure, deletion, damage,
or loss of the User Data for any reason whatsoever, including but not limited to discontinuation, suspension, cancellation, or termination of the Services.
Article 8 (Prohibited matters)
- The User shall not engage in any of the following:
- Infringes the intellectual property rights (including copyrights, design rights, patents, utility model rights and trademarks) or any other rights held by a third party or the Company;
- Infringes upon the property, credibility, reputation, privacy or portrait rights of a third party or the Company;
- Uses the Services for any business, political or religious purpose;
- Commit acts that are contrary to public order and morality or to encourage such acts;
- Commit acts that are a violation of laws and regulations of Japan and those of the User’s jurisdiction, including solicitation of such acts;
- Commit acts other than those permitted under this TOS;
- Uses automated tools and programs, macros, or other tools that are not approved by the Company in the use of the Services;
- Engage in analysis, alteration, modification, reverse engineering or any other similar acts of the Services;
- Intentionally change the content, progress, composition or similar of the Services;
- Cause other Users or third parties to use, distribute programs or data that enable prohibited acts;
- Access or interfere with the use or operation of facilities (i.e. communication facilities, communication lines, computers, and other equipment or software) related to the Services;
- Knowingly burden the servers or networks related to the Services and affect the provision of the Services;
- Commit acts that interfere with the operation of the Game, the Services or games and services provided by the Cmpany or its group companies;
- Commit acts that violate this TOS; and
- Any other acts deemed inappropriate by the Company.
- The User shall not use any defect in the Services to gain an advantage in an unfair manner in the Game. In the event such defect is discovered,
the User shall not notify nor publish such defect to any third party and shall report such defect to the contact address separately designated by the Company.
- In the event of any complaint, trouble, claim or dispute (collectively, "Disputes") by any third party due to any of the prohibited acts set forth in the items of the preceding paragraph,
the User shall resolve the Disputes at their own responsibility and expense and shall not cause any damage to nor seek any indemnification from the Company. In addition, the Company shall not be liable for any damage to the User caused by the Disputes.
Article 9 (Restriction on usage)
- In the event that the Company determines, in its sole discretion, that the User falls under or is likely to fall under any of the following items, the Company may immediately suspend the provision of the Services,
in whole or in part, to the User (including, but not limited to, modifying or deleting the User Data) and cancel the usage contract without prior notice:
- All or part of the information provided by the User in the Services is false, incorrect, or erroneous;
- The User was in the past subject to suspension of use of the Services;
- It is found that the User is or is part of an organized crime group, anti-government organization or other criminal organization, or that the User has any relationship with such group or persons;
- User is a minor according to the terms outlined in Article 3 (User Registration) paragraph 1 of this TOS and violated the provisions thereof;
- Commits any one of the prohibited provisions outlined in Article 8 (Prohibited Matters), paragraph 1 of this TOS or violates any part of this TOS;
- Damages the reputation of the Company or interferes with the business of the Company through violent acts, fraudulent behavior, defamation and other similar acts and
- Any other situation or acts where the Company determines that it is not appropriate to provide the Services to the User.
- The Company shall not be liable for any damage or consequences incurred by the User or a third party as a result of the suspension of the Services or cancellation of the usage contract pursuant to Paragraph 1 of this Article.
Article 10 (Suspension of the Services)
- In the event of any of the following, the Company may suspend or discontinue the Services, in whole or in part, without prior notice to the User:
- When the Services become unavailable due to breakdown or failure of communication facilities, communication lines, computers,
and other equipment and software or similar, including but limited to fires, power outages, that is necessary for the provision of the Services;
- Periodic or emergency maintenance, inspection, repair, or alteration of facilities related to the Services;
- When the Services become unavailable due to earthquakes, floods, tsunami, or other natural disasters, including global or local health pandemics and/or outbreaks;
- When the Services become unavailable due to wars, riots, disturbances and labor disputes;
- When the Services become unavailable due to the restriction by laws and regulations and/or administrative or judicial order.; or
- When deemed necessary by the Company for operational and technical reasons.
- The Company shall not be liable for any damages or consequences incurred by the User or any third party as a result of the suspension or discontinuation of the Services pursuant to the preceding paragraph.
- The Company shall not refund the usage fee even if the Services are suspended or discontinued pursuant to the preceding paragraph.
Article 11 (Damages)
- The Services shall be provided on an as-is basis. The Company does not warrant to the completeness, accuracy, usefulness, reliability, free of bugs and viruses regarding the use and the content of the Services.
- Notwithstanding the provision of the preceding paragraph, even if the User suffers damages in connection with the use of the Services and the Company is liable for such damages,
the scope of liability for damages shall be limited to actual and direct damages incurred by the User and the Company shall not be liable for damages, loss of profits, indirect damages,
or any other damages arising from any special circumstances, regardless of whether or not the Company could have foresaw the damages, and the amount of such liability shall not exceed the total amount of the usage fee or any other actual expenditures paid by the User.
This shall not apply when the Company acted willfully or knowingly with the intent to cause damage or acted in gross negligence.
- The Company shall not be responsible for the actions taken by or for the services provided by a third party in connection with the use of the Services.
Article 12 (Personal information)
Article 13 (Copyright and other intellectual property rights)
- All information, programs, software, trademarks and trade names that constitute the Services, and copyrights, trademarks, other intellectual property rights and other rights associated therewith shall,
unless otherwise indicated, belong to the Company or a duly authorized third party.
- The User shall not use, in whole or part, the information obtained through the use of the Services beyond the scope of private use, whether by reproduction, publication, broadcasting,
public transmission or otherwise, without the prior and express permission of the Company or a third party right holder.
Article 14 (Jurisdiction)
- This TOS shall be governed as to all matters, including validity, construction, and performance, by and under the laws of Japan.
- Even if a part of this TOS is held invalid pursuant to the mandatory provisions of consumer protection laws and regulations or other mandatory provisions,
it shall be in force and effect to the fullest extent not contrary to the mandatory provisions.
- The Tokyo District Court shall have exclusive jurisdiction to all disputes, controversies, or differences that may arise between the User and the Company hereto, in relation to or in connection with this TOS.
Established and enforced on November 28, 2019
Revised and enforced on October 26, 2020