Article 1 – Purpose
This agreement (henceforth this Agreement) stipulates the basic items regarding the use of the services listed below by the user and DREAMHOLDER Co. Ltd., (henceforth, The Company) related to services provided regarding the sale, product sales service, and other internet contents (shall be collectively called internet contents service henceforth) such as games, animation, and other motion picture content, etc. (shall be collectively called internet contents henceforth) and all other services to be provided by the Company in the future (shall be called this Service henceforth) conducted via networks provided by the Company or companies that the Company has partnered or contracted with on the internet game portal site Cyber Gate, managed by the Company and other sites as defined in Article 2 of this Agreement.
Article 2 – Definitions of Terms
- This Service – Defined in Article 1
- This Site – The site listed below operated by the Company for the purpose of providing this Service and other internet content service sites (http://www.cybergate-free.com/) operated by company that the Company has partnered or contracted with.
- User – All users who use the services on this Site.
Article 3 – Application and Modification of this Agreement
- This Agreement shall apply to the Company and the User in regards to this Site and the using services on this Site. The User shall abide by this Agreement when using this Site and this Service. Also, in the event that a company which the Company has partnered or subcontracted with publishes a separate user agreement or equivalent provisions, etc. equivalent to this, the User shall be subject to these terms likewise.
- Individual or additional provisions published separately by the Company shall compose part of this Agreement. In the event there is a contradiction between this Agreement or these individual or additional provisions, the individual or separate provisions shall take precedence.
- In the event there is a contradiction between this Agreement and the items specified on this Site (however, excluding individual provisions and additional provisions in the prior section), the regulations on this Site shall take precedence.
- In the event there is a contradiction between this Agreement and the individual or additional stipulations separately published by a company that the Company has partnered or contracted with, this agreement shall take precedence.
- The Company may change this Agreement at anytime without obtaining the Userfs advance consent and the User shall consent to this. Changes to this Agreement shall take effect seven days after being publicly announced on this Site or at a point after the date the Company separately specified beyond 7 days has passed. Use of this service by the User after this Agreement has been changed shall be construed as consent to the changes to this Agreement. The Company may terminate use of the service on this site for Users who do not consent to changes in this Agreement or the individual or additional stipulations.
- The User shall visit this site regularly regardless of whether notification was received from the Company via e-mail, telephone, letter, etc. and is required to confirm this Agreement, changed items in this Agreement, and the published contents of this Site. The Company shall make notification regarding changes to this Agreement on this Site in a period of time the Company determines to be rational as an advance notification period (in principle, a voluntary period of at least s7 days)for this agreement. The Company shall consider the use of this service on this site by the User after this agreement has come into effect as confirmation of the said content. The Company shall assume no responsibility for damages incurred by the User due to not confirming the said content.
Article 4 – Regarding Preparation of Equipment, Etc.
The User, in order to use this Service, shall prepare and implement the communications devices and software, conclude telephone usage contracts, and subscribe to internet provider service, etc. at their own expense and responsibility.
Article 5 – Regarding the Usage Contact
The ages restricted in cases of User age restrictions when using the services on this Site shall be listed separately on this Site.
Termination of the User Contract
In the event the Company ascertains the User corresponds any of the items below, the Company may immediately terminate the usage contract for this Service even after the usage contact has been concluded.
- In the event the User corresponds to even one of the items listed in Item 2, Section 2 of this Article
- In the event a minor used this service without the consent of a legal guardian
- In the event a ward, a person subject to conservatorship, or a person subject to limited guardianship used this service without the consent of their guardian, conservator, or limited guardian.
- In the event that it is ascertained that the User used the payment method designated by the Company in an illicit manner.
- In the event that the payment for the applicant in question is stopped, cancelled, or deemed void by said payment service company designated by the Company
- In the event the Company determines there are adverse causes equivalent to any other prior item.
Article 6 – Handling of Personal Information
Article 7 – Publication of Information on this Service
- Regarding the intellectual property rights (including design rights, copyright, trademark rights, etc.), the User guarantees that they possess, have been properly authorized to use the corresponding intellectual property rights from the rights assignee, or that they are using the intellectual property in a manner permitted by law for information (including text, images, motion images, programs, and data, etc.) voluntarily disclosed, submitted, transmitted or published, etc. within this service. The Company shall assume no responsibility for claims from third parties made against voluntary transmissions made by the User.
- Regardless of whether there is any negligence, the User shall be responsible for all resulting physical and psychological damage caused by the information and data the User voluntarily transmitted.
- The Company may, at its discretion and not limited to within this Service, freely use and utilize information the User voluntarily transmitted for any purpose and from any location, edit and modify it, provide it to third parties, investigate its content, use it for advertising promotion activities for and not for this Service, combine, edit and publish it with advertising, etc. for and not for this Service, and authorize third parties to perform
- The Company and authorized third parties may perform the acts listed in the preceding item without any notification to the User, and no compensation or remuneration shall be paid to the User in regards to the said acts. The User shall acknowledge this in advance and shall waive all liability regarding said acts by the Company or by third parties authorized by the Company.
- The Company may, at its own discretion, make publicly unavailable or delete all or part of the information the User transmitted without prior notification to the User.
- The Company may, at its own discretion, verify the contents of data submitted for publication prior to publication, and should it be determined that the contents are in violation of this Agreement, the Company may impose restrictive measures regarding publication.
Article 8 – User Prohibitions
In addition to this Agreement, in using the services on this site the User must abide by the stipulations on this site the Company has set on the attachment pertaining to the content of the services on this Site, as well as any individual and additional stipulations.
- The User may not acts that correspond, or may correspond, to the following items when using the services on this site provided by the Company.
(1) Behavior which agitates, threatens, disturbs or stalks another User, or causes discomfort to another user.
(2) Use of language which is suggestive of sexual matters, threatening, racially biased, contrary to law, vulgar, indecent, libelous, or otherwise causes discomfort.
(3) Statements which injure the reputation of another User or third party, such as slander, libel, spreading rumors, etc.
(4) Impersonating an officer or employee of the Company or a related company.
(5) Commercial transactions, for-profit advertising, exchange of contraband, solicitation for organizations, or religious activity.
(6) Acts in violation of international law, constitutional law, laws, ordinances or any other laws.
(7) Falsification, deletion, etc. of information published on this Site, illegal access or any other act, or attempting to perform such an act.
(8) Interfering or intercepting transmissions from this Service, and acts of hacking the server which operates this Service or seizing information.
(9) Acts of transmitting or writing in computer viruses, any other illegal computer program or site information, etc.
(10) Formation of, or activity in, an organization or group whose beliefs are prejudiced toward religion, race, gender, ethnicity or human rights or anything else, or intend to engage in commercial activity.
(11) Use of this service for purposes not intended by this service.
(12) Acts which disclose or transmit person information on other Users or third parties.
(13) Acts which infringe, or may infringe, on the copyright, trademark rights, and all other rights used by the Company or a third party related to this Service.
(14) Acts contrary to public order and good morals.
(15) Acts leading to crime.
(16) Acts which interfere, or may interfere, with the operation of this Service.
(17) Acts which have the possibility of interfering with the Company or the service administrator.
(18) Unfair use of client (Refers to the client program. Henceforth the same throughout this Article) or server bugs, or inciting others to use these bugs.
(19) Development, distribution or use of utilities for the purpose of illicit use, such as illegal tools, server emulators, pirate versions of the client, cheat codes, etc. as well as any act of inciting or encouraging a third party to use these.
(20) Modification, adjustment, adaption, creation of derivative works, decompiling, disassembly, and reverse engineering, as well as any act of encouraging use of these by a third party.
(21) Redistributing or lending all or part of the client (including copies) to a third party.
(22) Duplicating the software related to this Service in an amount which exceeds what is necessary for use by the actual User.
(23) Selling the items or money, etc. obtained within the services on this Site, or conducting other such commercial transactions.
(24) Reselling the client without the Companyfs authorization.
(25) All acts other than those listed in the previous items which could interfere with the Company or the service administrator.
(26) Acts corresponding to the previous items.
- In using the services provided by the Company or jointly with a partner or contracted company, the User may not perform acts which correspond, or may correspond, to the prohibited items listed in separately specified agreements, etc.
Article 9 – Termination of this Service
- In the event the User corresponds to any of the following, the Company may immediately terminate the use of this Service by the said User.
- When the User violates, or may violate, this Agreement.
- When the User corresponds to a prohibition specified in Article 10, or commits an act that may correspond to Article 10.
- Any other case where the Company determines that the User will interfere in the performance of the Company’s operations.
Article 10 – Change to the Contents of this Site
The Company may change, add, or abolish the contents of the service on this Site in whole or part without prior notification to the User. The Company shall not be held liable for damages incurred by the user due to changes to this service based on this Article.
Article 11 – Suspension of this Service
- The Company may, at its discretion, suspend all or part of the provision of the service on this Site.
- In the event the Company, at its discretion, suspends all or part of the provision of service on this site, the Company shall make a public announcement or a notification to the User in a manner that Company deems appropriate. However, there may be no notification made to the User in the event of an emergency.
- The Company shall not be held liable for damages incurred by the User due to the suspension of this Service based on this Article.
Article 12 – Temporary Suspension of Service
- The Company may temporarily suspend the service on this site without prior public announcement or notification to the User in the event that any of the causes listed in the items below occur:
(1) In the event that regular or emergency maintenance or repair is performed on the hardware, software, or communications equipment, etc. used by the service on this site
(2) In the event that provision of this service is difficult due to an Act of God, such as a natural disaster
(3) In the event that provision of this Service is difficult due to fires, power outages, or any other unexpected accident
(4) In the event that provision of this Service is difficult due to war, strife, rioting, insurrection, a labor dispute, etc.
(5) In any other case the Company deems necessary.
- The Company shall assume no responsibility for damages incurred by the User due to the temporary suspension of service on this Site based on this Article.
Article 13 – Deletion of Data, etc.
- In using this Service, the User agrees in advance that all intellectual property rights related to text and data the User recorded and accumulated, such as user information, belong to the Company, that they have no right of request whatsoever regarding these, and that they shall not assert their moral rights of author.
- In the event the Company or the Company-designated administrator determines that a User corresponds to any of the following, they may change, delete or transfer, etc. the said user data at any time.
(1) When it has been deemed that there is an action which corresponds to a prohibited item
(2) When it has been deemed necessary from the standpoint of operations or maintenance management
(3) When the capacity of the managed user information exceeds the prescribed capacity of the Companyfs devices
(4) Any other case the Company deems necessary
- The Company and its designated administrator assumes no obligation regarding the change, deletion or transfer, etc. specified in this Article and shall assume no responsibility for these determinations.
- The Company and its designated administrator shall assume no responsibility for any damages incurred by the User or a third party due to the execution or non-execution of a change, deletion or transfer, etc. of data based on the stipulations of this Article.
Article 14 – Disclaimers and Compensation for Damages
- Regarding damages incurred by the User as a result of the Companyfs intent or gross negligence related to the use of the services on this site, the Company shall compensate the User. Compensation shall be restricted to direct damages and be no greater than the use-of-service fees the Company received from the User. (i.e. no compensation shall be made for lost profits, consequential damages and all other indirect damages). Also, the Company shall bear no responsibility for any losses or damages that occur related to use of this site by Users who do not consent to this Agreement.
- Erasure of loss of personal information and other data pertaining to the User may occur due to Acts of God unanticipated by the Company, such as damage, trouble or power outages, etc. to the devices which provide this Service, and malfunctions in the telecommunications lines. Also, personal information or other data pertaining to the User may be erased or delayed as a result of system damage as well. Excluding cases of willful intent or gross negligence, in the event personal information and any other data pertaining to the User is erased, lost or delayed, etc. due to the occurrence of such a situation, the Company shall assume no responsibility for any damages incurred by the User.
- In the event the Companyfs waiver of liability specified in this Agreement is not recognized by mandatory provisions or a finalized court verdict, etc. the Company shall be responsible for compensation, limited to the direct damages incurred by the User (i.e. no compensation shall be made for lost profits, consequential damages, and all other indirect damages), and compensation shall not exceed the use-of-service fees already paid by the User in question.
- The User shall use their judgment and endeavor to avoid excessive use of the services on this Site in a manner that causes disruption in a healthy living environment. The Company shall assume no responsibility for any social, psychological, or physical damages that occur due to the User deviating from the appropriate use listed above.
- The User shall be responsible for the use of this Service, all acts performed using this Site, and their results, and in the event use of this Service causes damage to the Company or a third party, resolution shall be at the Users own personal responsibility and expense.
- Excluding willful acts or gross negligence, the Company shall bear no responsibility and make no compensation for all damages incurred by the User due to using the service on this Site (erasure of data, items or characters, damage to the Userfs terminal, malfunction, and all other damages from delays, non-transmission, errors, system downtime, transmission failure, service interruptions).
- The Company shall not be liable for payments arising for all costs borne by the User (telephone charges, user fees for this Service, internet provider contract and usage fees, etc.) arising from interruptions of this Service.
- The Company shall bear no responsibility to the User or third parties for malfunctions that may conceivably occur in using the service on this Site. Also, the content provided by this service is what is possible for the Company at the time this service is provided, and the Company assumes no responsibility for the completeness, accuracy, appropriateness and utility of the information, etc. (including computer programs) the User obtains from using this service. The Company shall assume no responsibility for any losses or damages incurred by the User or third parties related to the User using the service on this site (including damage to software, data, and hardware, etc. other than this software).
- Should the User cause damages to the Company through the use of this service due to reasons for which the User is liable, or should there be the possibility of such, the Company shall request the User to cease all violations and to compensate the Company for damages sustained.
- In the event the User causes damage to a third party due to use of this Service, or should a dispute arise with a third party, the User shall resolve it at their expense and responsibility and not hold the Company liable. Should a liability claim be made against the Company by another user or third party, the User shall resolve the dispute in question at their expense and responsibility and not hold the Company liable. In that event, the Company may demand that the User cover the appropriate legal costs required for the Company to resolve the dispute with said third party.
- Excluding cases of willful action or gross negligence by the Company, the Company shall not be liable to the User or any other third party for the results of acts performed by the Company in accordance with the specifications of this Agreement, or the results that occur due to the User using this Service, regardless of the cause.
Article 15 – Intellectual Property Rights
- Copyrights and all other intellectual property rights pertaining to images, motion pictures, text, programs, and information, etc. (henceforth, contents) that the Company provides to the User via the service on this Site shall belong to the Company or the Licensor that the Company has licensed, and the User may not allow third-party use or public disclosure of the contents without the consent of the Company or the Licensor.
- The User may not use the contents in a manner that exceeds the personal-use scope established by copyright law.
- Should a problem arise as a result of the User violating the terms of this Article, the User shall resolve the problem at their own expense and responsibility and shall not cause any nuisance or damage to the Company or third parties.
- This Service is intended for provision within Japan, and the Company makes no warranty regarding the intellectual property rights of rights FOLDERs outside of Japan and assumes no responsibility.
Article 16 – Trademarks, etc.
The trademarks, logos and service marks, etc. (collectively, gtrademarksh) displayed on this Site are either the Companyfs or a third-partyfs registered or unregistered trademarks. The Company shall not, by this agreement, transfer or license any of these trademarks to the User or another third part, and the User shall not register any of the unregistered trademarks on this site. Also, the User shall not apply to register the patent rights, utility model rights, design rights, or trademark rights (including the right to receive patent, utility model and design rights) and shall not apply to register or execute copyright rights (rights such as program rights, document rights, routines and modules).
Article 17 – Governing Law
All legal matters related to this agreement or pertaining to it shall be governed by the laws of the country where this country is registered and shall be interpreted in accordance with these laws.
Article 18 – Court of Jurisdiction
Should a dispute occur between the User and the Company related to this Service, both parties shall consult each other in good faith, and in the event a resolution cannot be obtained via deliberation, the court designated by the Companyfs head office shall have exclusive jurisdiction over the first instance.