Dendama game application terms of service

This terms of service (these "Terms") is in regards to Dendama game application (this "Application") provided by Dendama Inc.. (the "Company")(ADDRESS:4-1-1 Nishiazabu Minato-ku Tokyo, 106-0031,Japan) and to the services (this "Service") provided by the Company by using applications, devices, etc. as determined between the user who uses this Service ("User") and the Company. Please carefully read these Terms before using this Application and the Service.

When the User downloads this Application to a smartphone or other information terminal and has taken consent process, the User is deemed to have agreed to these Terms (including the additional terms annexed to these Terms and any additional terms and conditions of the appstore provider from whom you have downloaded the Application), and such User's consent cannot be revoked.
If the User is a minor, such User may only use this Service after acquiring the consent (including consent to these Terms) of his/her legal representative, such as a guardian.

1. Definition

The following terms are used in these Terms as defined below:
"Contents" means sentences, sounds, music, images, videos, software, programs, codes and other information.
"Dendama Contents" means content that can be accessed through this Service.
"User Contents" means content that Users submit, send, or upload to this Service.
"Individual Terms of Service" means documents distributed or posted by the Company separately from these Terms in connection with this Service.
"Dendama device" refers to a Kendama type device manufactured by the Company that can be connected to the Dendama application.

2. Agree to the terms

2.1
If the User is a minor (a "Minor User"), such user may only use this Service after acquiring the consent (including consent to these Terms) of his/her legal representative such as a guardian.
2.2
If a Minor User uses this Service after reaching the age of majority in the relevant jurisdiction, it is deemed that he/she has ratified to his/her use while a minor.
2.3
The Company may set limits on usage fee or payment methods depending on the User's age for purchase of paid content by Minor Users. Minor Users must use paid content according to the age restrictions.
2.4
In case a Minor User misrepresents that there is a consent of a legal representative or uses this Application by misrepresenting his/her age, such Minor User cannot cancel or revoke any legal agreement concerning this Application.
2.5
When a User uses this Application for business, a representative authorized by such business must agree to these Terms to use this Service.

3. Modifications

3.1
The Company may modify these Terms and Individual Terms of Service at any time, as determined necessary.
3.2
The new terms and conditions after modification and the Individual Terms of Service will be effective from the effective date which will be made available before the effective date with advance notice of such effective date at the appropriate site within this Service or on the website operated by the Company. However, if the Company determines that the modification substantially changes the content of this Service, restricts User rights, or includes charge to the User, change in price, etc., the Company shall inform the User in advance, then, notwithstanding the provision of 3.3, will obtain the consent to the revised Terms or Individual Terms of Service.
3.3
By continuing to use this Service after modification of these Terms or the Individual Terms of Service, the User is deemed to have agreed to the modifications thereof. When using this application please refer to the latest Terms and applicable Individual Terms of Service.
3.4
If the User does not agree to the modified Terms or Individual Terms of Service, such User must immediately delete this Application from the information terminal.

4. Paid Service

4.1
The User can receive paid service for games, growth record, rating score, etc in this Application.
4.2
Fee, payment method, etc. are determined on this Application or website operated by the Company. If the Company determines it necessary, the Company may change the fee, payment method etc, and such change will be announced in the Service or in the appropriate site within the website operated by the Company.
4.3
The User shall pay the fee in accordance with the terms of payment etc. separately determined by the payment service provider ("Payment Service Provider") regarding the payment method which the Company designates.
4.4
In the event that a dispute arises with respect to the fee or the like between the User and the Payment Service Provider or any other third party, the User shall resolve the dispute by its own responsibility and the Company shall not be responsible for such dispute.
4.5
Any fee paid by the User to the Company shall not be refunded unless the Company separately designates to do so or when there is willful misconduct or gross negligence of the Company.

5. Privacy (personal information) protection

The Company shall handle the User's privacy information and personal information appropriately in accordance with the privacy policy.

6. Service provision conditions and restrictions

In using this Service, Users must prepare the necessary smart devices, communication devices, operation systems, communication systems, electric power, etc. at the User's expense and responsibility.

7. Prohibited items

When using this Service, the User shall not engage in any of the following:
1.Acts that violate applicable laws, court rulings, decisions or orders, and/or regulations.
2.Acts that may harm public order or good manners and customs.
3.Providing any benefits to or other cooperation with antisocial forces.
4.Infringing Company's or any third party's copyrights, trademark rights, patent rights, intellectual property rights, honor rights, privacy rights, other rights based on laws or contracts.
5.Making third parties use or dispose of the right to these Dendama Contents by way other than the method designated by the Company by means of leasing, exchange, transfer, name change, trading, quality insertion, collateral provision or others.
6.Sales, promotion, advertisement, solicitation, other acts for profit (excluding those approved by the Company).
7.Religious activities or solicitation for religious organizations,
8.Acts aimed at sexual acts or obscene acts.
9.Acts aimed at dating
10.Displaying or having displayed information constituting to child pornography or child abuse.
11.Acts aimed at harassing or defaming third parties or the Company.
12.Actions that interfere with servers and network systems of this Service.
13.The act of illegally interfering with this Service using BOT, cheating tools or other technical means, the act of intentionally exploiting a defect of this Service, or other acts which the Company determines that is interfering with the operation of this Service by the Company, the use of this Service by other User or third party.
14.Acts determined by the Company as using this Service for purposes that are markedly different from those intended.
15.Acts that aid or encourage acts that fall under any of the above 1. to 14.
16.Other acts that the Company deems inappropriate.

8. User responsibility

In connection with the use of this Service, the User shall use this Service at the User's own risk, with due care to the surroundings and sufficient safety, in accordance with the instruction manual enclosed with the Dendama device, and the User shall bear the responsibility for all acts engaged in using this Service and the result thereof.

9. Damages

9.1
Violation of these Terms by the User that results in direct or indirect damage to the Company due to the use of the Service (i.e., due to such act, the Company receives a claim for damages or other claims from a third party), such User must indemnify the Company from such damages.
9.2
The Company shall not be liable for any damages suffered by the Users or third parties in relation to this service or by measures taken under these Terms. 9.3
The Company shall not be liable for damages suffered by the Users due to such User altering or remodeling of the hardware or software of the mobile terminal devices and thus being unable to use this Service. The Company shall not take any measures such as restoring the use thereof. The same shall apply when the User's account information is lost due to unauthorized use, loss, theft, failure or other reasons due to the mobile terminal that the User uses for this Service.

10. Disclaimer (Disclaimer of Warranty and Disclaimer)

10.1
The Company does not guarantee that this Application is compatible with all information terminals, and malfunctions may occur in the operation of this Application as the version of the operating system of the information terminal used to use this Application is upgraded. The Company does not guarantee that the problem will be resolved by modifying this Application, etc. when such trouble occurs.
10.2
The User acknowledges in advance that the use of part or all of this Application may be restricted due to changes in the terms of use and management policy, etc of the Application store such as Appstore or GooglePlay.
10.3
The Company shall not be responsible even if this Service becomes unavailable temporarily or for an extended period, or when this Service itself is stopped or terminated, due to force majeure, system maintenance, or network fault.
10.4
With respect to the use of this Service, in the event of a dispute between Users or between a User and a third party, the User shall notify the Company and resolve it at its own risk and expense. The Company is not obligated to participate in the dispute and is not responsible therefor.
10.5
The Company is not obliged to respond to all of inquiries, opinions and other suggestions such as improvement, feedback, etc. about this Service made by the Users. The Company may take some action to the inquiries, opinions, suggestions, feedback, etc. from the Users, however, such Company's actions are not to be construed as any obligation to provide any answer, report, monetary compensation etc. to the Users.
10.6
The Company is under a legal duty to supply products you purchase that are in conformity with these Terms. Nothing in these Terms affects your statutory rights to receive products that are of a satisfactory quality and services that are carried out with reasonable care and skill. Further information about your statutory rights is available at your local Citizens Advice Bureau (or the equivalent in your jurisdiction). Subject to the foregoing: THE COMPANY DOES NOT WARRANT OR MAKE ANY CONDITIONS OR REPRESENTATIONS: (A) THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UPDATED; (B) THAT THE OPERATION OF THE APPLICATION WILL BE CORRECT OR ERROR-FREE AT ALL TIMES OR THAT ANY MINOR DEFECTS WILL BE CORRECTED; (C) THAT ANY SOFTWARE, NETWORK SERVICES (INCLUDING THE INTERNET) OR PRODUCTS (OTHER THAN THE APPLICATION) UPON WHICH THE APPLICATION'S PERFORMANCE DEPENDS WILL CONTINUE TO BE AVAILABLE, UNINTERRUPTED OR UNMODIFIED; AND (D) REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

11. How to contact the Users

11.1
Contact from the Company to the User concerning this Service is to be posted on the appropriate site of this Application or on the website operated by the Company, transmission via e-mail, through push notification or other methods determined to be appropriate by the Company.
11.2
When the Company gives notice by e-mail, the Company will send the notice to the e-mail address registered by the User and assumes that notification has arrived when the email should normally reach the User.
11.3
Inquiries concerning this Service or contacts / notifications to the Company by the User shall be sent to the inquiry form installed at a suitable site on the website operated by the Company or other methods specified by the Company.

12. Severability

Even if any of these provisions of these Term are held invalid or unenforceable by a court of competent jurisdiction, such judgment will not affect the other sections, and the remainder of these Terms shall still be effective and enforceable.

13. Measures against breach of contract

If the User violates these Terms or Company determines that there is a risk that the User may violate these Terms, the Company may delete or change all or part of the User Contents, temporarily suspend or restrict the Service, delete the User account, or take other similar measures after sending the warning to the User in advance.

14. Report of illegal posting etc.

14.1
If the User determines that the User Content of another User infringes User's rights or the third party's right, or that such User Content is likely to violate these Terms, the User may inform the Company in accordance with the method prescribed by the Company.
14.2
Upon receiving a notification under the provisions of the preceding paragraph, the Company confirms the content of such notice and, at its discretion, the Company may take measures such as deletion of the User Content or suspension of the Service without notice.

15. Change, suspension or termination of Service

15.1
The Company may change or make addition to all or part of the contents of this Service without notifying the User in advance.
15.2
By notifying the User in advance on this Application or websites operated by the Company or other methods determined to be appropriate by the Company, the Company may, at the its discretion, temporarily suspend or terminate the provision of this Application or this Service.
15.3
The Company is not responsible for any damage caused to the User due to change of or addition to the contents of this Service or interruption or termination of the provision of this Service.

16. Account Registration

16.1
When registering information on the Users themselves when using this Service, Users must provide true, accurate and complete information, and must be continuously updated to reflect the latest information.
16.2
In using this Service, when registering a password, the User must strictly manage it at his/her own responsibility so as not to be used illegally. The Company may consider any acts performed using the registered password as the actions of the User himself / herself.
16.3
Users who have registered for this Service can cancel their account at any time by deleting the account.
16.4
The Company may suspend or delete the User account for accounts that have been out of use for over 3 years without notifying the User in advance.
16.5
All usage rights in this Service shall terminate at the time the account is deleted regardless of the reason.
16.6
A User account of this Service cannot be transferred, loaned or assigned to a third party.

17. Rights attribution

17.1
All intellectual property rights with regard to this Application and this Service are owned by the Company or those licensed such right to the Company.
17.2
The Company grants non-exclusive, non-transferable, non-sublicensable right to use this Application or this Service to the User.
17.3
Even if "Purchase" "Sale" or the like are displayed in this Application or this Service, the intellectual property rights and other rights with regard to this Application or this Service shall not be transferred to the User.
17.4
The User represents and warrants that he/she has the legal right to transmit the content on the User Content by posting or other means by himself / herself and that the User Content does not infringe the intellectual property right of the third party (copyright, patent right, utility right, trademark right, design right (including the right to obtain those rights or to apply for the registration of such rights etc.)), ownership rights, portrait rights, honor rights, privacy and other rights of a third party. 17.5
In this Service, the copyright of the User Content is reserved by the User who made the contribution etc. to the User Content, and the Company shall not acquire the copyright to such User Content. However, to the extent necessary for the provision, maintenance, improvement of this Service or promotion of this Service, the Company shall have a license to reproduce, adapt and publicly transmit (including transmission) the User Content without charge, on a non-exclusive, perpetual and worldwide basis. In this regard, the User shall not exercise the author's moral rights against the Company.
17.6
Based on Article 4 of the Telecommunications Business Act, the Company shall keep the confidentiality of Users' communications. However, if any one of such communications falls under the following items, the Company shall be able to view or delete the information related to the confidentiality of the User's communication within the scope specified in each of the following items.
1.In cases where a compulsory disposition or a court order is made based on the provisions of the Act on Criminal Procedure Act or Communications Interception for Criminal Investigation.
2.In the event of administrative punishment based on laws and/or regulations. 3.When the Company determines that the requirements for disclosure request based on Article 4 of the Act on Limitation of Liability of Specified Telecommunications Service Provider and Disclosure of Caller Information are fulfilled.
4.When we determine that it is necessary for the protection of human life, body or wealth. 5.When we determine that it is inevitable due to the necessity to operate this Service. 6.When consent is obtained from the User.

18. Governing law and agreement jurisdiction

18.1. These Terms are written in Japanese and the applicable law is Japanese law.
18.2. With respect to any disputes arising out of or related to this Service or these Terms, the Tokyo District Court or the Tokyo Summary Court shall be the court of first instance.

[Supplementary Provisions]
These Terms shall come into force on 09 01, 2018.

ANNEX

Additional App Terms

The following terms and conditions shall apply to your use of the Application in addition to those set out in these Terms of Use.
For the purpose of this Appendix, "Appstore Provider" means the provider of the app store through which you have downloaded the Application (for example, Apple is the Appstore Provider if you have downloaded the Application from the Apple App Store, Google is the Appstore Provider if you have downloaded the Application from Google Play, etc).

1. You acknowledge and agree that these Terms of use has been concluded between you and the Company, and not with the Appstore Provider. You acknowledge and agree that the Appstore Provider is not responsible for the Application and its content.
2. You acknowledge and agree that the Appstore Provider has no obligation to provide any maintenance or support in respect of the Application. Should you have any problems in using the Application, please contact the Company at: info@dendama.co.jp
3. In the event that the Application does not conform with any product warranty provided for by these Terms, the Appstore Provider may provide you with a refund of the price that you paid to purchase the Application (if any). The Appstore Provider shall, to the maximum extent permitted by law, have no obligation to you whatsoever with respect to the Application.
4. You acknowledge and agree that the Appstore Provider shall not be responsible for addressing any claims that you might have relating to the Application, including (without limitation): product liability claims; any claim that the Application fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.
5. In the event that a third party claims that the Application infringes its intellectual property rights, the Company (and not the Appstore Provider) shall be solely responsible for the investigation, defence, settlement and discharge of such claim.
6. You warrant and represent that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to these Terms of Use. Upon your acceptance of these Terms of Use, Apple will have the right to enforce these Terms of Use against you as a third party beneficiary.