Terms of Use
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IMPORTANT: BE SURE TO READ CAREFULLY—USE MEANS ACCEPTANCE
Last Updated [28 January, 2013]
As used in these terms and conditions of use (“Terms”), “DeNA”, “we”, “us”, or “our” refer to DeNA Co., Ltd. we offer our registered users (“Comm Users”) use of the “comm” app, an application that provides calling and text messages as well as ancillary services for mobile devices (the “Services”). These Terms govern your access and use of our Services and related content and are legally binding.
Last Updated [28 January, 2013]
As used in these terms and conditions of use (“Terms”), “DeNA”, “we”, “us”, or “our” refer to DeNA Co., Ltd. we offer our registered users (“Comm Users”) use of the “comm” app, an application that provides calling and text messages as well as ancillary services for mobile devices (the “Services”). These Terms govern your access and use of our Services and related content and are legally binding.
1. Your Agreement with DeNA
1.1
You acknowledge and agree that, by using our Services or by downloading or posting any content on or through our Services, you are indicating that you have read, understand and agree to be bound by these Terms.
You acknowledge and agree that, by using our Services or by downloading or posting any content on or through our Services, you are indicating that you have read, understand and agree to be bound by these Terms.
1.2
The Services are offered and made available subject to age and other eligibility requirements as stated below. If you are not yet the required age to use certain features of the Services, or do not meet other eligibility requirements as stated below, or, if for any reason, you do not agree with the terms and conditions contained herein, please discontinue using the Services immediately. By using or attempting to use the Services, you certify that you are at least the required age to use the Services, meet any other eligibility requirements and agree to these Terms.
The Services are offered and made available subject to age and other eligibility requirements as stated below. If you are not yet the required age to use certain features of the Services, or do not meet other eligibility requirements as stated below, or, if for any reason, you do not agree with the terms and conditions contained herein, please discontinue using the Services immediately. By using or attempting to use the Services, you certify that you are at least the required age to use the Services, meet any other eligibility requirements and agree to these Terms.
1.3
These Terms will remain in full force and effect as long as you are a user of the Services and in the event of termination of your use of the Services, you will still be bound by your obligations under these Terms for any indemnification, warranties and limitations of liability.
These Terms will remain in full force and effect as long as you are a user of the Services and in the event of termination of your use of the Services, you will still be bound by your obligations under these Terms for any indemnification, warranties and limitations of liability.
1.4
DeNA reserves the right, in its sole discretion, to remove, reject, deny, prohibit, disable access to, or refuse to post or transmit, any of your Submissions, or to deny, restrict, suspend, discontinue, or terminate access to the Services or any portion thereof, at any time with or without prior notice or explanation, for any or no reason, and without any liability to you, including where DeNA determines or believes, in its sole discretion, that you have violated these Terms or to protect the Services from perceived harm.
DeNA reserves the right, in its sole discretion, to remove, reject, deny, prohibit, disable access to, or refuse to post or transmit, any of your Submissions, or to deny, restrict, suspend, discontinue, or terminate access to the Services or any portion thereof, at any time with or without prior notice or explanation, for any or no reason, and without any liability to you, including where DeNA determines or believes, in its sole discretion, that you have violated these Terms or to protect the Services from perceived harm.
2. No Unlawful or Prohibited Use
By using our Services, you represent and warrant to DeNA that you will not use our Services, or any of the content obtained from our Services, for any purpose that is unlawful or prohibited by these Terms.
3. Eligibility and Registration
3.1
In order to use our Services, and to transmit or post any Submission on or through our Services, you must register with your real name to create a Comm account (“Comm Account”) and become a member.
In order to use our Services, and to transmit or post any Submission on or through our Services, you must register with your real name to create a Comm account (“Comm Account”) and become a member.
3.2
If you are accessing the Services in the U.S.A. and not yet 13 years old, you are prohibited from becoming a member and using the Services. You agree that if you are under the age of legal majority where you access the Services, you represent that your parent or legal guardian has read, understood, and agreed to these Terms. In registering for a Comm Account, you agree to restrict any use by minors of your account. You accept full responsibility for any unauthorized use of our Services by minors through your account.
If you are accessing the Services in the U.S.A. and not yet 13 years old, you are prohibited from becoming a member and using the Services. You agree that if you are under the age of legal majority where you access the Services, you represent that your parent or legal guardian has read, understood, and agreed to these Terms. In registering for a Comm Account, you agree to restrict any use by minors of your account. You accept full responsibility for any unauthorized use of our Services by minors through your account.
3.3
To set up your Comm Account, you agree to provide accurate, current and complete information during the registration process, and to update such information as requested. DeNA reserves the right to suspend or terminate your Comm Account if any information provided proves to be inaccurate.
To set up your Comm Account, you agree to provide accurate, current and complete information during the registration process, and to update such information as requested. DeNA reserves the right to suspend or terminate your Comm Account if any information provided proves to be inaccurate.
3.4
You agree that you are responsible for safeguarding your password and will not disclose your password to any third party or allow any third party to use your Comm Account. You agree to take sole responsibility for any activities or actions under your Comm Account, whether or not you have authorized such activities or actions. You will immediately notify DeNA of any unauthorized use of your Comm Account, and comply with any instructions from DeNA.
You agree that you are responsible for safeguarding your password and will not disclose your password to any third party or allow any third party to use your Comm Account. You agree to take sole responsibility for any activities or actions under your Comm Account, whether or not you have authorized such activities or actions. You will immediately notify DeNA of any unauthorized use of your Comm Account, and comply with any instructions from DeNA.
3.5
You are responsible and will pay all fees and applicable taxes incurred by you or anyone using a Comm Account registered to you.
You are responsible and will pay all fees and applicable taxes incurred by you or anyone using a Comm Account registered to you.
3.6
Any equipment and/or means of communication necessary to use the Services shall be obtained and/or installed at the expense and sole responsibility of Comm Users.
Any equipment and/or means of communication necessary to use the Services shall be obtained and/or installed at the expense and sole responsibility of Comm Users.
4.Privacy
Use of our Services is also governed by Comm’s Privacy Policy which can be found here. The Privacy Policy is incorporated herein by this reference.
5.Consent to Use of Data
As more fully described in the Privacy Policy, you agree that we may collect and use your information, including personal information and related data in accordance with the Privacy Policy.
6. Content
The following types of content are made available on or through our Services:
6.1
“User Content” means all text, data, graphics, ideas, opinions, images, creative works, photos, video or audiovisual content, hypertext links and any other content, you post or transmit through the Services, and
“User Content” means all text, data, graphics, ideas, opinions, images, creative works, photos, video or audiovisual content, hypertext links and any other content, you post or transmit through the Services, and
6.2
“DeNA Content” means text, data, graphics, images, illustrations, forms, documents, look and feel attributes, DeNA’s or our licensors’ trademarks and logos, the Services, and other content made available by DeNA on or through our Services, excluding User Content.
“DeNA Content” means text, data, graphics, images, illustrations, forms, documents, look and feel attributes, DeNA’s or our licensors’ trademarks and logos, the Services, and other content made available by DeNA on or through our Services, excluding User Content.
7.Ownership
7.1
Our Services and DeNA Content are protected by the laws of the United States, Japan and other applicable foreign countries. All DeNA Content is the property of DeNA or its subsidiaries or affiliates, or their respective successors and assigns, licensors or other respective owners and sponsors. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Services” includes DeNA Content as well. The Services are to be used solely for your noncommercial, nonexclusive, nonassignable, nontransferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices included with the Services. You agree not to, and shall not allow others to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any DeNA Content to any third party without our express prior written consent. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify any DeNA Content. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable law.
Our Services and DeNA Content are protected by the laws of the United States, Japan and other applicable foreign countries. All DeNA Content is the property of DeNA or its subsidiaries or affiliates, or their respective successors and assigns, licensors or other respective owners and sponsors. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Services” includes DeNA Content as well. The Services are to be used solely for your noncommercial, nonexclusive, nonassignable, nontransferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices included with the Services. You agree not to, and shall not allow others to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any DeNA Content to any third party without our express prior written consent. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify any DeNA Content. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable law.
7.2
Except as expressly provided in these Terms, DeNA and our licensors exclusively own all right, title and interest in and to the Services and DeNA Content, including all associated intellectual property rights, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights (collectively, “Intellectual Property Rights”).
Except as expressly provided in these Terms, DeNA and our licensors exclusively own all right, title and interest in and to the Services and DeNA Content, including all associated intellectual property rights, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights (collectively, “Intellectual Property Rights”).
8. DeNA Content License
Subject to your compliance with these Terms, DeNA hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the DeNA Content solely for the purposes of using the Services. You will not use or otherwise exploit the Services or DeNA Content, except only as expressly permitted by these Terms.
9. No Infringing Use
9.1
You will not use our Services in a manner that infringes copyrighted works or otherwise infringes, violates, or promotes the infringement or violation of the Intellectual Property Rights of any third party.
You will not use our Services in a manner that infringes copyrighted works or otherwise infringes, violates, or promotes the infringement or violation of the Intellectual Property Rights of any third party.
9.2
DeNA has adopted and implemented a Copyright Infringement Policy (http://dena.jp/en/infringement/), which is incorporated into and forms a part of these Terms, that, among other things, provides copyright protections consistent with the procedures established by the United States Digital Millennium Copyright Act.
DeNA has adopted and implemented a Copyright Infringement Policy (http://dena.jp/en/infringement/), which is incorporated into and forms a part of these Terms, that, among other things, provides copyright protections consistent with the procedures established by the United States Digital Millennium Copyright Act.
10.Virtual Items
10.1
DeNA makes certain virtual items available through the Services (e.g. stamps, icons and emoticons) (“Virtual Items”). We may change how, to whom and to what extent these Virtual Items are available at any time without notice and in our sole discretion.
DeNA makes certain virtual items available through the Services (e.g. stamps, icons and emoticons) (“Virtual Items”). We may change how, to whom and to what extent these Virtual Items are available at any time without notice and in our sole discretion.
10.2
By purchasing or receiving Virtual Items, DeNA grants you a limited license to use such Virtual Items within the Services pursuant to these Terms or such other terms as may apply from time to time. Under no circumstances will any ownership interest in the Virtual Items transfer to you.
By purchasing or receiving Virtual Items, DeNA grants you a limited license to use such Virtual Items within the Services pursuant to these Terms or such other terms as may apply from time to time. Under no circumstances will any ownership interest in the Virtual Items transfer to you.
10.3
The prices, if applicable, amounts and kinds of Virtual Items available may be changed at any time with or without notice.
The prices, if applicable, amounts and kinds of Virtual Items available may be changed at any time with or without notice.
11. Orders and Payments
11.1
If you are under the age of legal majority where you use the Services, you may make payments only with the permission of your parent or legal guardian, and you represent that your parent or legal guardian has read, understood, and agreed to these Terms.
If you are under the age of legal majority where you use the Services, you may make payments only with the permission of your parent or legal guardian, and you represent that your parent or legal guardian has read, understood, and agreed to these Terms.
11.2
You may purchase, with the applicable currency, limited licenses to use the Services and Virtual Items from DeNA in accordance with these Terms, and you agree that all such purchases are final. If you ordered Virtual Items that become unavailable before you receive them, your only remedy is to request a refund of the purchase price. You acknowledge and agree that DeNA provides no refunds for any purchases except only as expressly stated in these Terms or otherwise required by applicable law.
You may purchase, with the applicable currency, limited licenses to use the Services and Virtual Items from DeNA in accordance with these Terms, and you agree that all such purchases are final. If you ordered Virtual Items that become unavailable before you receive them, your only remedy is to request a refund of the purchase price. You acknowledge and agree that DeNA provides no refunds for any purchases except only as expressly stated in these Terms or otherwise required by applicable law.
12. User Content and Other Submissions
To the extent that the Services provide Comm Users an opportunity to upload, submit, post, share, exchange, transmit or otherwise make available User Content on or through the Services (each a “Submission”), the following provisions will apply.
12.1
Submissions do not necessarily reflect the views of DeNA. In no event shall DeNA assume or have any responsibility or liability for any Submission or for any claims, damages or losses resulting from the use, content and/or appearance of any Submission. You acknowledge and agree that other Comm Users may copy, edit and delete your public Submissions and Submissions that you shared, exchanged or otherwise transmited to such other Comm Users.
Submissions do not necessarily reflect the views of DeNA. In no event shall DeNA assume or have any responsibility or liability for any Submission or for any claims, damages or losses resulting from the use, content and/or appearance of any Submission. You acknowledge and agree that other Comm Users may copy, edit and delete your public Submissions and Submissions that you shared, exchanged or otherwise transmited to such other Comm Users.
12.2
Subject to the following license between you and DeNA, you retain ownership of your User Content. By posting, storing, or transmitting such User Content as Submissions through the Services, you grant to DeNA a nonexclusive, worldwide, royalty-free, transferable, sublicensable license to facilitate posting, storage and transmission of, reproduce, distribute, transmit, display, reformat, create derivative works and otherwise use such Submission in connection with and for the purposes of providing our Services.
Subject to the following license between you and DeNA, you retain ownership of your User Content. By posting, storing, or transmitting such User Content as Submissions through the Services, you grant to DeNA a nonexclusive, worldwide, royalty-free, transferable, sublicensable license to facilitate posting, storage and transmission of, reproduce, distribute, transmit, display, reformat, create derivative works and otherwise use such Submission in connection with and for the purposes of providing our Services.
12.3
You are solely responsible for the consequences of all of your Submissions. We do not monitor, endorse or edit any Submissions, although we reserve the right to do so only when necessary as required by applicable law or is otherwise necessary to protect and defend our rights and interests, to enforce these Terms and the Privacy Policy, or to protect the rights and interests of Comm Users and other third parties in connection with the Services. With regards to the contents of emails, text message, chats, calls and other non-public mediums, such right to monitor, edit or otherwise use will be limited to instances only where required by applicable law. We shall not be liable for any Submission that is in violation of these Terms. If we determine, in our sole discretion, that any Submission does or may violate any of the Terms, we reserve the right, at any time and without limiting any and all other rights we may have hereunder, at law or in equity, to: (a) refuse to allow you to post; (b) remove and delete Submissions; (c) revoke your right to use the Services; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of these Terms, including, without limitation, blocking specific IP addresses or deactivating your registration with the Services.
You are solely responsible for the consequences of all of your Submissions. We do not monitor, endorse or edit any Submissions, although we reserve the right to do so only when necessary as required by applicable law or is otherwise necessary to protect and defend our rights and interests, to enforce these Terms and the Privacy Policy, or to protect the rights and interests of Comm Users and other third parties in connection with the Services. With regards to the contents of emails, text message, chats, calls and other non-public mediums, such right to monitor, edit or otherwise use will be limited to instances only where required by applicable law. We shall not be liable for any Submission that is in violation of these Terms. If we determine, in our sole discretion, that any Submission does or may violate any of the Terms, we reserve the right, at any time and without limiting any and all other rights we may have hereunder, at law or in equity, to: (a) refuse to allow you to post; (b) remove and delete Submissions; (c) revoke your right to use the Services; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of these Terms, including, without limitation, blocking specific IP addresses or deactivating your registration with the Services.
12.4
If a Submission originates from you or your Comm Account, you hereby represent and warrant that (a) the Submission is original to you or fully cleared for use as contemplated herein, (b) the Submission does and will not, in any way, violate or breach any of the terms of this Agreement, (c) the Submission does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other proprietary right, or contain any matter the publication or sale of which will violate any applicable law, (d) the Submission is not obscene or in any other manner unlawful, and (e) the Submission shall not be injurious to the health of the user.
If a Submission originates from you or your Comm Account, you hereby represent and warrant that (a) the Submission is original to you or fully cleared for use as contemplated herein, (b) the Submission does and will not, in any way, violate or breach any of the terms of this Agreement, (c) the Submission does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other proprietary right, or contain any matter the publication or sale of which will violate any applicable law, (d) the Submission is not obscene or in any other manner unlawful, and (e) the Submission shall not be injurious to the health of the user.
12.5
If your Submission incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant to us the right to use the Submission as described above and (ii) the Submission was produced in compliance with all applicable laws and regulations.
If your Submission incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant to us the right to use the Submission as described above and (ii) the Submission was produced in compliance with all applicable laws and regulations.
12.6
Submissions are for noncommercial purposes only and you may not post any Submission in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
Submissions are for noncommercial purposes only and you may not post any Submission in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
13. Interactions Between Users and Other Users/Non-Users
13.1
You are solely responsible for your interactions (including any disputes) with other Comm Users. Even if we choose to offer report user, block user, or similar features on the Services, you will remain solely responsible, and you agree to exercise reasonable precautions, discretion, common sense and judgment in using our Services, disclosing personal information to and interacting with other Comm Users Your use of our Services, DeNA Content, User Content and any other content made available through our Services is at your sole risk and discretion, and DeNA hereby disclaims any and all liability to you or any third party relating thereto.
You are solely responsible for your interactions (including any disputes) with other Comm Users. Even if we choose to offer report user, block user, or similar features on the Services, you will remain solely responsible, and you agree to exercise reasonable precautions, discretion, common sense and judgment in using our Services, disclosing personal information to and interacting with other Comm Users Your use of our Services, DeNA Content, User Content and any other content made available through our Services is at your sole risk and discretion, and DeNA hereby disclaims any and all liability to you or any third party relating thereto.
13.2
One email account will be created for and assigned to each Comm Users upon registering as a member with the Services (“Comm Email Account”). Each Comm Email Account may only send emails to, and receive emails from, email addresses that are listed in such Comm User’s Comm Account. Note that all attachments to any email, other than image data, sent to a Comm Email Account will be immediately deleted and will be irretrievable, and the recipient will only be able to see the text portion and image data of the email. DeNA will not be responsible or liable for any deleted attachments.
One email account will be created for and assigned to each Comm Users upon registering as a member with the Services (“Comm Email Account”). Each Comm Email Account may only send emails to, and receive emails from, email addresses that are listed in such Comm User’s Comm Account. Note that all attachments to any email, other than image data, sent to a Comm Email Account will be immediately deleted and will be irretrievable, and the recipient will only be able to see the text portion and image data of the email. DeNA will not be responsible or liable for any deleted attachments.
14. No Access to Emergency Services
The Services is not intended to be used to make calls or connect a Comm User to any emergency services personnel pursuant to applicable local and or national regulatory requirements (“Emergency Services”). You acknowledge and agree that: (a) you must make alternative communications arrangements for emergency calls or communications, (b) DeNA is not responsible or required to offer access to Emergency Services or liable for the failure to provide any such Emergency Services, and (c) the Services is not meant to replace a traditional and primary telephone service.
15. General Prohibitions
15.1
You agree not to do any of the following in using our Services:
(a)Infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy;
(b)Violate, or encourage any conduct that would violate, any applicable law or regulation;
(c)Submit, transmit or engage in anything that is fraudulent, false, misleading or deceptive;
(d)Submit or transmit anything that is libelous, defamatory, obscene, pornographic, vulgar or offensive;
(e)Promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(f)Submit or transmit anything that is violent or threatening or promotes violence or actions that are threatening to any other person;
(g)Promote illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);
(h)Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(i)Use our Services or DeNA Content for the benefit of any third party or in any manner not permitted by these Terms;
(j)Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide our Services or DeNA Content;
(k)Collect, retain, disclose, or otherwise use any personal information of Comm Users illegally, improperly or otherwise without their express permission;
(l)Impersonate or misrepresent your affiliation with any person or entity;
(m)Solicit Comm Users login credentials from another Comm Users or otherwise use the Services by automated means, including but not limited to bots, robots or spiders;
(n)Create a Comm Account for anyone other than yourself;
(o)Use your Comm Users profile for personal financial gain or commercial purposes;
(p)Use cheats, exploits, hacks, bots, mods or third party software designed to modify or interfere with the Service;
(q)Abuse or exploit a bug, glitch or mechanism in the Services;
(r)Take any action that (i) affects us adversely or reflects negatively on us, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else or (ii) is deemed inappropriate by DeNA;
(s)Cause any modification, disruption, impairment, alteration or interference with the use, features, functions, operation or maintenance of the Services or the rights or use and enjoyment of the Services by any other person;
(t)Cause the unauthorized resale, lease or distribution of the Services;
(u)Offer profits or any other assistance to any antisocial group.
(v)Solicit and/or respond to communications focusing on sex.
(x) Engage in submitting content of a prurient nature related to actual contact and/or communication focusing on sex.
You agree not to do any of the following in using our Services:
(a)Infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy;
(b)Violate, or encourage any conduct that would violate, any applicable law or regulation;
(c)Submit, transmit or engage in anything that is fraudulent, false, misleading or deceptive;
(d)Submit or transmit anything that is libelous, defamatory, obscene, pornographic, vulgar or offensive;
(e)Promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(f)Submit or transmit anything that is violent or threatening or promotes violence or actions that are threatening to any other person;
(g)Promote illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);
(h)Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(i)Use our Services or DeNA Content for the benefit of any third party or in any manner not permitted by these Terms;
(j)Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide our Services or DeNA Content;
(k)Collect, retain, disclose, or otherwise use any personal information of Comm Users illegally, improperly or otherwise without their express permission;
(l)Impersonate or misrepresent your affiliation with any person or entity;
(m)Solicit Comm Users login credentials from another Comm Users or otherwise use the Services by automated means, including but not limited to bots, robots or spiders;
(n)Create a Comm Account for anyone other than yourself;
(o)Use your Comm Users profile for personal financial gain or commercial purposes;
(p)Use cheats, exploits, hacks, bots, mods or third party software designed to modify or interfere with the Service;
(q)Abuse or exploit a bug, glitch or mechanism in the Services;
(r)Take any action that (i) affects us adversely or reflects negatively on us, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else or (ii) is deemed inappropriate by DeNA;
(s)Cause any modification, disruption, impairment, alteration or interference with the use, features, functions, operation or maintenance of the Services or the rights or use and enjoyment of the Services by any other person;
(t)Cause the unauthorized resale, lease or distribution of the Services;
(u)Offer profits or any other assistance to any antisocial group.
(v)Solicit and/or respond to communications focusing on sex.
(x) Engage in submitting content of a prurient nature related to actual contact and/or communication focusing on sex.
15.2
DeNA reserves the right to contact users of the Services, in compliance with applicable law, in order to investigate violations of these Terms. You will cooperate fully with DeNA to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting authorized DeNA representatives access to any password-protected portions your Comm Account in connection with such investigation.
DeNA reserves the right to contact users of the Services, in compliance with applicable law, in order to investigate violations of these Terms. You will cooperate fully with DeNA to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting authorized DeNA representatives access to any password-protected portions your Comm Account in connection with such investigation.
15.3
You acknowledge and agree that DeNA has no obligation to monitor or record your access to or use of our Services. You are solely responsible for maintaining back-up copies of all User Content.
You acknowledge and agree that DeNA has no obligation to monitor or record your access to or use of our Services. You are solely responsible for maintaining back-up copies of all User Content.
16. Links and Third-Party Materials and Advertisements
Our Services may contain links to third-party websites or resources for which you may choose to browse, click on, or otherwise utilize. You acknowledge and agree that DeNA is not responsible or liable for such websites or resources or the content, products, or services on or available therein. Links to such websites or resources do not imply any endorsement by DeNA of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
17.Advertising
From time to time, users may communicate with, receive communications from, interact with, or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) as a result of your use of the Services. All such communication, interaction and participation, including any contractual arrangements, is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in connection with these activities or transactions.
18. Contests, Sweepstakes and Other Promotions
We may conduct promotions on or through the Services, including without limitation, contests, sweepstakes and other promotions which you may choose to take part in. Each promotion may have additional terms and/or rules which will be posted or otherwise made available to you. If you choose to participate in a given promotion, you must consent to any applicable additional terms and rules for such promotion in order to take part in such promotions.
19. Termination of Comm Accounts and Services
19.1
Without limiting other remedies, DeNA may at any time suspend or terminate your Comm Account and refuse to provide access to and use of our Services if DeNA suspects or determines, in its sole discretion, that you have or may have: (a) failed to comply with any of these Terms; (b) engaged in actions that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Comm Users, DeNA or any other third parties or our Services; or (c) engaged in action that is deemed inappropriate by DeNA. DeNA may suspend or terminate any account that has been inactive for one (1) year from the time of last activity without prior notification. You may terminate your Comm Account at any time and for any reason in a manner dictated in the Help section in the Services.
Without limiting other remedies, DeNA may at any time suspend or terminate your Comm Account and refuse to provide access to and use of our Services if DeNA suspects or determines, in its sole discretion, that you have or may have: (a) failed to comply with any of these Terms; (b) engaged in actions that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Comm Users, DeNA or any other third parties or our Services; or (c) engaged in action that is deemed inappropriate by DeNA. DeNA may suspend or terminate any account that has been inactive for one (1) year from the time of last activity without prior notification. You may terminate your Comm Account at any time and for any reason in a manner dictated in the Help section in the Services.
19.2
Upon termination of your Comm Account for any reason, you acknowledge and agree that you will lose (a) all right, access to and use of such account, (b) any Submission and other materials related to such account, and (c) any Virtual Items connected with such account. Terminated Comm Accounts cannot be reinstated.
Upon termination of your Comm Account for any reason, you acknowledge and agree that you will lose (a) all right, access to and use of such account, (b) any Submission and other materials related to such account, and (c) any Virtual Items connected with such account. Terminated Comm Accounts cannot be reinstated.
19.3
After termination, you understand and acknowledge that we will have no further obligation to provide our Services and all licenses and other rights granted to you by these Terms will immediately cease. DeNA will not be liable to you or any third party for termination of our Services or termination of your use of our Services. DeNA will have no obligation to maintain any information stored in our database related to your Comm Account or to forward any information to you or any third party. Any suspension, termination or cancellation will not affect your obligations to DeNA under these Terms (including proprietary rights and ownership, indemnification, warranties and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
After termination, you understand and acknowledge that we will have no further obligation to provide our Services and all licenses and other rights granted to you by these Terms will immediately cease. DeNA will not be liable to you or any third party for termination of our Services or termination of your use of our Services. DeNA will have no obligation to maintain any information stored in our database related to your Comm Account or to forward any information to you or any third party. Any suspension, termination or cancellation will not affect your obligations to DeNA under these Terms (including proprietary rights and ownership, indemnification, warranties and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
20.Disclaimers
20.1
OUR SERVICES, DENA CONTENT, AND USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DENA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
OUR SERVICES, DENA CONTENT, AND USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DENA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
20.2
DENA MAKES NO WARRANTY THAT OUR SERVICES, DENA CONTENT OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE BASIS. DENA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH OUR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES.
DENA MAKES NO WARRANTY THAT OUR SERVICES, DENA CONTENT OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE BASIS. DENA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH OUR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES.
20.3
TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR ACCOUNT OR ACCESS TO OR USE OF OUR SERVICES.
TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR ACCOUNT OR ACCESS TO OR USE OF OUR SERVICES.
20.4
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DENA OR THROUGH OUR SERVICES, DENA CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DENA OR THROUGH OUR SERVICES, DENA CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
21.Indemnity
You agree to defend, indemnify, and hold DeNA, its affiliates, and its and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your User Content or Submissions, your use of our Services or DeNA Content, or your violation of these Terms. DeNA reserves the right to assume the exclusive defense and control of any claim or matter subject to indemnification by you (including any settlement or compromise), and you agree to fully cooperate with DeNA in asserting any available defenses. The indemnification obligations set forth in this section will survive any termination or expiration of these Terms, Privacy Policy, or your use of the Services.
22.Limitation of Liability
22.1
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACCEPT, AND DENA FULLY DISCLAIMS, ALL LIABILITY AND RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR SERVICES, DENA CONTENT, AND USER CONTENT. NEITHER DENA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR SERVICES OR DENA CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DENA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACCEPT, AND DENA FULLY DISCLAIMS, ALL LIABILITY AND RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR SERVICES, DENA CONTENT, AND USER CONTENT. NEITHER DENA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR SERVICES OR DENA CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DENA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
22.2
IN NO EVENT WILL DENA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICES, OR ANY DENA CONTENT OR USER CONTENT CONTAINED THEREIN OR PROVIDED THEREBY, EXCEED ONE HUNDRED U.S. DOLLARS ($100).
IN NO EVENT WILL DENA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICES, OR ANY DENA CONTENT OR USER CONTENT CONTAINED THEREIN OR PROVIDED THEREBY, EXCEED ONE HUNDRED U.S. DOLLARS ($100).
22.3
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DENA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE DENA’S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN WILL SURVIVE ANY TERMINATION OF ACCESS TO OR USE OF OUR SERVICES..
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DENA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE DENA’S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN WILL SURVIVE ANY TERMINATION OF ACCESS TO OR USE OF OUR SERVICES..
23.Controlling Law and Jurisdiction
23.1
These Terms and any action related thereto will be governed by the laws of Japan without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be in the Tokyo District Court, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms and any action related thereto will be governed by the laws of Japan without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be in the Tokyo District Court, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
23.2
Notwithstanding the foregoing, by choosing to access and use the Services from any location other than Japan, you accept full responsibility for compliance with all local laws.
Notwithstanding the foregoing, by choosing to access and use the Services from any location other than Japan, you accept full responsibility for compliance with all local laws.
24.Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between DeNA and you regarding our Services and DeNA Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between DeNA and you regarding our Services.
25.Notices
Any notices or other communications permitted or required hereunder will be in writing and given (a) to you by DeNA either via email (in each case to the email address that you provide) or by posting on or through our Services or on our website, and (b) to DeNA by you by email as set forth below in “Contacting Us”.
26.General
26.1
The failure of DeNA to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You agree that you may not bring a claim arising in connection with the Services, these Terms or the Privacy Policy more than one (1) year after the claim arises. If any provision of the Terms is found to be illegal or unenforceable, the Terms will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
The failure of DeNA to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You agree that you may not bring a claim arising in connection with the Services, these Terms or the Privacy Policy more than one (1) year after the claim arises. If any provision of the Terms is found to be illegal or unenforceable, the Terms will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
26.2
DeNA reserves the right, at its sole discretion, to modify, discontinue or terminate our Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post these Terms as modified or otherwise provide you with notice of the modification. By continuing to use our Services after such modification and/or notice, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole and exclusive remedy is to cease using our Services.
DeNA reserves the right, at its sole discretion, to modify, discontinue or terminate our Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post these Terms as modified or otherwise provide you with notice of the modification. By continuing to use our Services after such modification and/or notice, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole and exclusive remedy is to cease using our Services.
27.Contacting Us
If you have any questions, inquiries, requests or complaints concerning these Terms, please contact us by email at [email protected]
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