GameWith Terms of Service
- 1. These GameWith Terms of Service (the "Terms") set forth the rights and obligations between GameWith, Inc. (also referred to as the "Company," "we," "us" or "our") and you in relation to conditions to provide GameWith services (the "Services") and your use of the Services. The Terms shall apply to all relationships between you and us related to the use of the service.
- 2. Rules concerning use of the Services posted on our service (the "Individual Agreements") shall also apply to your use of the Services as a part of the Terms. In the event of conflict between the Individual Agreements and the Terms, the latter will prevail.
- 3. The Company reserves the right to modify the Terms to a reasonable extent without prior notice to users. If we make changes to the Terms, the revised Terms become effective after providing notice of the modifications. After the revised Terms become effective, your continued use of the Services will constitute acceptance of the revised Terms.
II. Definition of Term
For the purpose of this Terms of Services, the following terms have the meanings as defined below:
- (1) "GameWith Terms of Services" means the Terms and agreement of use of the Services concluded between the Company and users.
- (2) The "Company" means GameWith, Inc.
- (3) The "Site" means "GameWith" website.
- (4) The "Services" mean any information provided through the Site.
- (5) "Member Services" mean services available only to Members in the Services.
- (6) "Member Registration Applicant" means a person who wish a Member Services to be provided.
- (7) "Member Registration" means that a Member Registration Applicant agrees to the Terms and applies for a Member Services according to the Terms and process specified by us.
- (8) "Member(s)" means those who wish to use the Services, agrees to the Terms, is registered as a Member and approved by us.
- (9) "User(s)" means any person who use the Services provided by us, including Members.
- (10) "Registration Information" means any information provided by a Member to us for Member Registration and use of the Services.
- (11) "Personal Information" means any information that can identify a specific individual, such as an e-mail address, among registration information.
- (12) "Connection Credentials" means the information necessary for us to verify a connection request from a Member including ID and password among the Registration Information.
- (13) "Posted Data" means data such as questions, answers, and comments that are released when Users post through the Services.
- (14) "G-Medal" means points that are granted according to Members' actions in the Services and can be used in the Services.
- (15) "Withdrawal" means cancellation of Member Registration and we terminate provision of Member Services to you in accordance with the Terms and through our specified process.
III. The Services
- 1. The Services aim to provide opportunities and platform in which you are able to: exchange information on game strategies through questions and answers among Members; access game data provided on the Site; and collect and view such information among Users.
- 2. You may use the Services only if you agree that we may add new services to the Services or change service contents as necessary.
- 3. If your country of residence is EEA (European Economic Area) or the United States, you must be at least 16 years old to use the Services.
IV. Member Registration
- 1. Member Registration Applicants shall agree to all of the Terms and will be registered as Members in accordance with the Terms and through our specified process.
- 2. If your country of residence is EEA (European Economic Area) or the United States, you must be at least 16 years old to apply Member Registration.
- 3. When we receive your application for Member Registration under Paragraph 1 of this Article, we will decide whether to approve your registration after necessary examination, procedure, etc. specified by the Company. We may disapprove registration without informing the Member Registration Applicant of reason of the disapproval.
- 4. When we approved an application for Member Registration from a Member Registration Applicant, you will enter into a Member Services Use Agreement, which is the contract defined by the Terms, between the Member Registration Applicant and the Company.
- 5. Once we approved Member Registration, the Member is deemed to agree that we provide Member Services to the Member.
- 6. Members shall not assign, lend and transfer their right to receive Member Services, or provide the right as a collateral and for use by a third party.
- 7. Member Services include services that require setting of information specific to individual services. When Members use such services, the Members must accurately register necessary information according to the guidelines specified by each service to use such services. Members are responsible for keeping up-to-date information registered if there is any changes to the Registration Information.
V. Modification to Registration Information and Management of Credentials
- 1. Members are responsible for maintaining the confidentiality and security of Connection Credentials at the Members' expense and shall not let a third party use or lend, transfer, buy, sell, pledge, or disclose the Connection Credentials.
- 2. Members are liable for damages resulting from leakage of information due to improper management of Connection Credentials, incorrect use, use by third parties, unauthorized access and the like, and we will not assume any responsibility for the damages. In the event of any damage being incurred by the Company due to misuse of Connection Credentials, Member shall indemnify the Company against the damage.
- 3. Members must immediately notify us, by a method specified in the Terms or by the Company, when your member information is changed, or if you know or suspect that your credentials have been compromised or misappropriated by a third party. Members should follow our instructions if there is any in the event of such a case.
- 4. We will not liable for your detriment such as not being able to use Member Services due to the fact that the Member did not notify us under the preceding paragraph.
- 5. If a Member fails to notify us under paragraph 3, we shall be able to cancel his/her membership.
VI. Registration Information and Personal Information
- 1. Members can withdraw from membership in accordance with our procedures. If you withdraw from the membership, you shall lose all the rights as a Member including right to receive information and G-medals acquired in the Services. It may take time until a withdrawal procedure is reflected on a system of the Member Services after you complete the procedure due to the system design, and Members accept this.
2. The Company may immediately, without any prior notification or warning, remove a Member from the membership without obtaining a consent from the Member at our discretion if:
- (1) the Member has breached his/her obligations under the Terms.
- (2) there is falsehood or inaccuracy in his/her Registration Information.
- (3) it is determined by our inquiry to the Member that his/her e-mail address acquired by us is ineffective.
- (4) you register as a Member under someone else's name.
- (5) there is duplicate Member Registration.
- (6) the Member conducts prohibited activities prescribed in Article 9.
- (7) the Member dies.
- (8) we determined that he/she is inappropriate as a Member.
- The Company may also remove the Member from the membership when we determine that there is a possibility of any of the above cases.
- 3. In the case referred to in the preceding paragraph, if the Company suffers any damage, the Member shall compensate the Company for the damages.
- 4. We shall not be required to disclose the reason for withdrawal under paragraph 2 to the Member.
- 5. By the withdrawal prescribed in this Article, the agreement between the Member and the Company shall be canceled and the Member loses all the right to use the Services.
- 6. Members shall lose the right to receive all services in the Site if they lose membership.
VIII. Limitation of Liability
- 1. WE SHALL NOT BE LIABLE FOR ANY DAMAGES OF USERS CAUSED BY ADDITION AND MODIFICATION OF CONTENTS OF THE SERVICES, AND USE, SUSPENSION OR TERMINATION OF THE SERVICES.
- 2. IN CASE WHERE A USER IMPOSES DAMAGE TO A THIRD PARTY BY USING THE SERVICES, THE USER SHALL INDEMNIFY IT FOR HIS/HER OWN EXPENSE AND RESPONSIBILITY.
- 3. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING IN CONNECTION WITH INABILITY TO USE THE SERVICES DUE TO MALFUNCTIONS, ERRORS, AND/OR COMMUNICATION FAILURE CAUSED BY EXCESSIVE ACCESS TO THE SERVICE.
- 4. WE WILL NOT BE LIABLE FOR DAMAGES OF COMPUTERS, LINES, SOFTWARE AND THE LIKE CAUSED BY DOWNLOAD FROM THE SERVICES AND THIRD PARTY'S WEBSITES INCLUDING ADVERTISERS AND AFFILIATED COMPANIES, AND BY COMPUTER VIRUS INFECTION AND THE LIKE.
- 5. WE PROVIDE THE SERVICE AND CONTENTS AND INFORMATION ON THE SITE ON AN “AS IS” OR “AS AVAILABLE” BASIS. WE DO NOT GUARANTEE THEIR COMPLETENESS, ACCURACY, APPLICABILITY, USEFULNESS, AVAILABILITY, SAFETY, CERTAINTY OF INFORMATION WE PROVIDE, TEXTS THAT USERS REGISTER AND TRANSMIT (DELIVER), OTHER CONTENTS AND SOFTWARE ETC.
- 6. WE MAY PROVIDE INFORMATION AND ADVICE AS APPROPRIATE TO USERS, BUT WE ARE NOT RESPONSIBLE FOR ITS CONSEQUENCES.
- 7. WE DO NOT ASSUME ANY RESPONSIBILITY FOR DATA CORRUPTION OR THE LIKE IN THE SERVICES DUE TO WHATEVER EXTERNAL FACTOR.
- 8. WE DO NOT ASSUME ANY RESPONSIBILITY FOR TRANSACTIONS (EXCHANGE OF GAME ITEMS AND G MEDALS AND THE LIKE) BETWEEN A THIRD PARTY INCLUDING AFFILIATE COMPANIES AND MEMBERS, SUCH TRANSACTIONS SHALL BE DONE AT THE RESPONSIBILITY OF THE THIRD PARTY AND THE MEMBERS.
- 9. THE COMPANY IS LIABLE ONLY FOR DAMAGES INCURRED DIRECTLY BY A USER WHEN THE TERMS OR INDIVIDUAL AGREENEMENTS OR THE LIKE FALL UNDER A CONSUMER CONTRACT AS DEFINED UNDER ARTICLE 2, PARAGRAPH 3 OF THE CONSUMER CONTRACT ACT OF JAPAN, AND UNLESS THE PROVISIONS THAT COMPLETELY EXCLUDE OUR LIABILITY FOR THE DAMAGES AS SET FORTH IN THE TERMS AND THE INDIVIDUAL AGREEMENTS ARE APPLICABLE, TO THE EXTENT THAT THE DAMAGES OF THE USER ARISE FROM OUR DEFAULT OR ILLEGAL ACT, PROVIDED THAT THE COMPANY IS LIABLE TO THE EXTENT SUCH USER'S DAMAGES ARE CAUSED BY OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
IX. Prohibited Activities
- 1. Users shall not perform the following acts in using the Services. If a Member performs any of the following acts, we may take measures such as immediate suspension of his/her use of the Services, and deletion of information posted by the Member including his/her profile information.
You are prohibited from:
- (1) taking any action that infringes or could infringe intellectual property rights such as copyrights, trademarks, etc. of the Company, other Users or other third parties (hereinafter referred to as "Others").
- (2) taking any action that infringes or could infringe upon property, privacy, portrait rights and other rights of others.
- (3) providing Personal Information of a specific individual
- (4) taking any action of discriminating against or slandering Others, or tarnishing reputation or credibility of Others.
- (5) taking any action deemed to steer Users to a specific external website relentlessly or inappropriately.
- (6) taking any action that is considered to have negative influence on children and young people.
- (7) altering or delete contents or information of the accessible Services or contents or information of others.
- (8) impersonating us or Others (including an act of juggling e-mail header by way of spoofing).
- (9) sending a harmful computer program or the like or put it in a state accessible by Others.
- (10) waging pre-election campaign, election campaign (including similar acts) or take acts that violate the Public Offices Election Law.
- (11) sending e-mails of unsolicited advertisements, publicity and commercial messages to others without permission (including e-mails with such risks), interfere with reception of e-mails by Others, request to transfer a chain-mail or transfer such a mail in response to the request.
- (12) taking any action that puts burden on our servers beyond usual use of the Services or encourage such actions, the use of the Services by other users, and any action that hinders and interferes with operation and provision of the Services or user of the Services by Others.
- (13) distributing information, equipment, software and the like that are used for canceling or disabling an access control function of our servers or the like.
- (14) copying, modifying, reprinting, altering, changing, reverse engineering, disassembling, decompiling, translating or analyzing functions provided by the Services.
- (15) acquiring Registration Information of Others without obtaining consent of the Others or through fraudulent means (including so-called phishing and similar ways)
- (16) using the Services in whole or in part for commercial purposes, regardless of usage (including acts intended to prepare such acts)
- (17) in cases where procedures such as submission to or acquisition of authorization from regulatory authorities are mandatory under laws, using the Service without performing such procedures, and take any other acts that violate or may violate the laws.
- (18) taking any action that hinders the operation of the Services, any action that interferes with exchanging or sharing information performed by Others, and any action that causes a loss to us or Others such as damage of credit or infringement of property rights.
- (19) taking any action that obstructs our operation such as making a protracted phone call, making similar inquiries repeatedly, forcing us to do anything which we are not obliged or have no good reason to do so.
- (20) in addition to each of the above items, taking any action that violations laws or the Terms or any action that disturb public order (including transmitting or displaying information that promotes violence and cruel images, recruiting someone for joint suicide and the like).
- (21) providing a link to data and the like where action corresponding to any of the above items (including the case where the action is performed by Others) is carried out for the purpose of promoting such actions.
- (22) taking any other user action determined by the Company as inappropriate.
X. Retention of Rights
- 1. All intellectual property rights associated with the Services are retained by the Company and its licensors. Permission to use the Services based on the Terms does not mean licensing of our or licensors' intellectual property rights associated with the Services.
- 2. Users represent and warrant to the Company, regarding posted data, that he/she has the legal right to post or transmit such data and that the posted data does not infringe the rights of third parties.
- 3. The Users shall grant the Company a worldwide, non-exclusive, free, sublicensable and assignable license to use, reproduce, distribute, create derivative works of, display and execute data posted by Users. The Users shall also grant a non-exclusive license to other registered Users to use, duplicate, distribute, create derivative works of, display and execution of such data as posted or transmitted by Users.
- 4. Users agree not to exercise moral rights of an author against the Company and those who are succeeded or licensed the rights from us.
XI. Notice of Copyright Infringement
If you find that a third party who has posted your copyrighted work on the Services, you can notify us through a reporting system of the Services or the following contact address.
ATTN: COPYRIGHT AGENT GameWith, Inc. Roppongi, 6-10-1 Minato-ku, Tokyo 106-6120 Email: firstname.lastname@example.org
XII. Outage, Suspension, and Termination of the Services
1. The Company may suspend the whole or a part of the Services for any reason, including:
- (1) Due to a periodic or emergency maintenance and inspection of our computer system used for providing the Services.
- (2) In the event that operation of the Services becomes impossible due to an emergency such as fire, power failure, natural disasters, etc.
- (3) In the event that operation of the Services becomes impossible due to war, insurgency, insurrection, riots, labor disputes etc.
- (4) In the event of a failure of the computer system used for providing the Services and that provision of the Services is impossible due to unauthorized access from a third party, infection of a computer virus or the like.
- (5) In the event that provision of the Services is impossible to comply with applicable law or the order or request of a court or law enforcement.
- (6) When we believe in good faith that such suspension is reasonably necessary.
- The Company is not responsible for any damage caused to Members or third parties in connection of the suspension.
- 2. When stopping operation of the Services pursuant to the preceding paragraph, we will notify Members and third parties in advance by e-mail or the like. However, in case of emergency, we may stop the Services without such notice.
- 3. By notifying Members and third parties in advance by e-mails or the like in advance, we may suspend or terminate the whole or part of the Services. We are not liable for any damage that may be caused by the suspension or termination to Members or third parties.
- 4. We may change the contents or name of the Services without notifying Members and third parties in advance by e-mail or the like. We are not liable for any damage that may be caused by this to the Members and third parties.
XIII. Modification of the Terms
- 1. We reserve the right to modify the Terms at any time.
- 2. If we make changes to the Terms, we will notify Users as needed by e-mail or a web site related to the Services.
- 3. In accordance with the preceding paragraph, if you does not cancel your membership within the period specified by us from the date of announcing revision of the Terms (one week from the date of announcement if it is not stipulated), your continued membership will constitute acceptance of the revised Terms and the revised Terms become effective between you and us.
- 4. Members shall not be able to claim ignorance or non-acceptance of the contents of the revised Terms after it comes into effect as set forth in the preceding paragraph.
- 1. Any question or dispute arising out of the Services between Users, the Company, and third parties shall be settled each time upon consultation in good faith between both parties.
- 2. In the event that the question or dispute is not settled in the consultation in the preceding paragraph, such question or dispute shall be brought in the Tokyo Summary Court or Tokyo District Court as the agreed exclusive jurisdiction at the first trial.
XV. Governing Law
The Terms shall be governed by the internal and substantive laws of Japan.