The user of the Services (hereinafter referred to as the "User") shall confirm and accept the provisions of this Agreement in order to use the Services.
Article 1 (Application of Agreement)
- This Agreement is intended to establish the contractual rights and obligations between the Company and the User concerning the use of the Services, and shall apply to all relationships between the Company and the User in connection with the use of the Services.
- 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 Agreement.
- The Company may at any time, for any reason, change, add or delete any provision of this Agreement without prior notice to the User.
This Agreement so changed, with additions or deletions, shall become effective when the Company posts these changes on the Services Site.
The Company shall deem that the User approves of this modified Agreement by using the Services after said changes.
Article 2 (Contents of the Services)
- The Services provide the functions available in the arcade game, "Maimai DX" (hereinafter referred to as the "Game") provided by the Company. 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 or consequences incurred by the User as a result of such change.
Article 3 (User registration)
- A person who wishes to use the Services (hereinafter referred to as the "Applicant") shall submit an application for use of the Services after agreeing to this Agreement and entering the information designated by the Company 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 Agreement shall be concluded between the Company and the Applicant, and user registrations shall be completed.
- In the event the Applicant is a minor (under 20 years of age) or other person with limited capacity, she/he shall apply for the use of the Services with the consent of her/his legal representative (including a person with parental authority).
When such Applicant applies for the use of the Services, the Company shall deem that her/his legal representative has agreed to the application made by the Applicant.
- To use the Services, the Applicant shall complete a membership registration for the account (including the SEGA ID issued by SEGA HOLDINGS CO., LTD.,
and the Company shall not be liable for any damages arising from the use of the External Account by the Applicant.
- One External Account can link to one Aime account in the Services. Even if the User has more than one Aime accounts through the External Account retained by the User to use the Services,
the services related to the Services will be reflected solely on the Aime main card that the User designates when using 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 her/his own responsibility and expense, prepare all environments required for the use of Services, including communications equipment, software and communications lines,
and the Company shall not be liable for any damages incurred by the User arising from such environments.
Article 6 (Administration of IDs and passwords)
- IDs and passwords registered by the User in the Services (hereinafter referred to as the "Passwords") shall be used solely by the User and shall not be used by any third party, nor transferred, assigned or otherwise disposed of.
- The User shall be personally responsible for the use, storage, and other administration of the Passwords and the Company shall not be responsible for any damage to the User caused by the use of the Passwords by any third party.
Article 7 (Transmission of information)
- The User shall grant the Company free and nonexclusive right to reproduce, publicly transmit (including making a transmittable form) and otherwise distribute information transmitted (uploaded) via the Services (hereinafter referred to as the "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 in the User Data unless otherwise specified by the Company (in particular, pay attention not to include information that can objectively identify an individual User).
- With respect to the User Data, the User shall not transmit information that infringes the rights of third parties; violates laws and regulations; is contrary to public order and morals;
is generally objectionable to other Users; is aimed at sales, political, or religious activities; or interferes with the provision of the Services.
The Company shall be entitled to change or delete part or all of the User Data without prior notice to the User when it determines that the User Data meet or are likely to meet any of these conditions.
Provided, however, that the Company shall not be obligated to make such changes or deletions.
- In the event that the Company suspends provision of the Services or cancels the usage contract for the Services, or that the User terminates the usage contract for the Services, the Company may immediately delete the User Data.
- The User shall, at her/his own responsibility, back-up or otherwise store the 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 act that falls under or is likely to fall under any of the following items in the use of the Services.
- Infringes 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;
- Has a business, political or religious purpose;
- Acts that are contrary to public order and morality or to encourage such acts;
- Acts that are a violation of laws and regulations, or acts that abet, aid or solicit such acts;
- Acts other than those presumed or permitted in advance as methods to use the Services;
- Use automated tools (macro 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, etc. of the Services;
- Intentionally change the content, progress, composition, etc. of the Services, such as changing the original operation when using the Services;
- Cause other Users or third parties to use, distribute (including making a transmittable form) or encourage programs or data that enable prohibited acts whether or not the Services are being used;
- Illegally access or interfere with the use or operation of facilities related to the Services (communication facilities, communication lines, computers, and other equipment and software prepared by the Company for the purpose of providing the Services);
- Significantly burden the servers or networks related to the Services and affect the provision of the Services;
- Acts that interfere with the operation of the Game, the Services or games and services provided by the Company or its group companies;
- Acts that violate this Agreement; and
- In addition to each of the above, 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 (hereinafter referred to as the "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 her/his own responsibility and expense and shall not cause any damage to 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 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, changing or deleting the User Data) and cancel the usage contract without prior notice or demand.
- All or part of the designated matters of the Company entered by the User in the Services are false, incorrect, or erroneous;
- The User was in the past subject to suspension of use of the services provided by the Company or its group companies or other equivalent actions;
- It is found that the User is an organized crime group, anti-government organization or other anti-social organization or its member or relevant party, or that the User has any relationship with such group or person;
- Minors (under 20 years of age) or other persons with limited capacity who do not obtain the consent of the legal representative including a person with parental authority to use the Services in accordance with this Agreement;
- Correspond to any of the items of Paragraph 1 of Article 8 (Prohibited Matters) of this Agreement or violate any provision of this Agreement;
- Damage the credit of the Company or interfere with the business of the Company with violent demands, unreasonable demands beyond the scope of legal liability, spread of rumors, fraudulent means or force; or
- Other cases where the Company determines that it is not appropriate to provide the Services in addition to the preceding items.
- The Company shall not be liable for any damage or consequence 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, failure, or other such reason of facilities related to the Services (communication facilities, communication lines, computers,
and other equipment and software provided by the Company for the provision of the Services; hereinafter the same shall apply in this Article);
- When maintenance, inspection, repair, or alteration of facilities related to the Services is carried out periodically or urgently;
- When the Services become unavailable due to fires, power outages, etc.;
- When the Services become unavailable due to earthquakes, floods, tsunami, or other natural disasters;
- When the Services become unavailable due to wars, riots, disturbances, labor disputes, the spread of epidemics or other force majeure;
- When the Services become unavailable due to the restriction by laws and regulations, judicial orders, etc.; 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 as they could include defects in completeness, accuracy, usefulness, reliability, etc.
Therefore, the Company shall not make any warranty whatsoever as to the completeness, accuracy, usefulness, reliability, etc.
with regard to the use and the content of the Services and the information provided by the Services, including a warranty that the Services are always connected in favorable environments in use of the Services,
and shall not be held liable for such warranty.
- 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 can foreseen the damages, and the amount of such liability shall not exceed the total amount of the usage fee,
etc. actually paid by the User. Provided, however, that this shall not apply to the case where the Company has willful intention or gross negligence.
- The Company shall not be responsible for any actions taken or services provided by a third party other than the Company in connection with the use of the Services.
Article 12 (Personal information)
In the event that the Company acquires the User's personal information (information concerning a living individual that can identify a specific individual from such information) in connection with the use of the Services,
The Company shall use the User's personal information only to the extent required for the provision and operation of the Services.
In addition, the Company may provide personal information to third parties to whom the Company entrusts its business by requiring such third parties to appropriately manage such personal information to the extent required for the provision and operation of the Services.
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 Agreement 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 Agreement 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 Agreement.
Established and enforced on November 28, 2019
Revised and enforced on January 10, 2020