Terms of Use for “EGGLIA – Legend of Red Cap” Services

Article 1. General Provisions

1. These Terms of Use for “EGGLIA – Legend of Red Cap” Services (the “Terms of Use”) set forth the terms of use for the “EGGLIA – Legend of Red Cap” game (including the latest versions upgraded by update programs; the application software; the communication function between users and the like; as well as external connectivity functions, such as the share function using Twitter and the like collectively, the “Services”) managed by DMM.com Co., Ltd. (“DMM”). A user of the Services must accept these Terms of Use. A user shall agree to these Terms of Use and shall use the Services accordingly.

2. The matters on the pages for help, guidelines, and the like regarding the Services comprise part of the Terms of Use, and are in addition to the Terms of Use. A user shall accept these matters and shall use the Services accordingly.

3. DMM may amend the Terms of Use without prior or post facto notice to a user, and after the Terms of Use are amended, the amended Terms of Use will apply once they are on the Services. If a user uses the Services after the Terms of Use are amended, the user will be deemed to have agreed to the amended Terms of Use.

Article 2. User’s Registration and Account

1. A user must install the Services on a device, such as a smartphone (a “Device”) and register as a user in order to use the Services. The Services may not be used on a device other than a corresponding Device specified separately by DMM.

2. An agreement to use the Services will be executed and the user’s registration procedures completed, once the user agrees to these Terms of Use. Furthermore, DMM will set up a specific environment on the Services for the user (an “Account”). A user may use the Services after completing the user registration procedures and setting up an Account.

3. If a user is a minor, the user shall undertake the user registration procedures for the Services, after obtaining permission from a person having parental authority over the relevant user (a “Legal Guardian”). DMM will understand that the relevant user submitted their registration request after obtaining their Legal Guardian’s permission, once the relevant user undertakes the user registration procedures for the Services. In this event, the relevant Legal Guardian shall have accepted the Terms of Use in their entirety. The person who can use the Services in the foregoing circumstances is the only the registered user themself.

Article 3. User’s Information

1. A user shall ensure only the user themself uses the ID, password, and the like (collectively, the “User's Information”), issued to the user in relation to the user’s own Account, the data succession codes, and the Services. Furthermore, the user may not inform a third person of the User's Information and shall manage the User's Information so a third person cannot learn it. In addition, the user shall have full responsibility for managing their User's Information.

2. A user may neither share their User's Information with a third person, nor have a third person use their User's Information. It is prohibited for a person other than the user themself to use any rights related to the use of the Services.

3. A user shall notify DMM immediately, if they confirm their User’s Information was used without their authorization. The user shall follow DMM’s instructions accordingly.

4. DMM prohibits the same person from setting up or owning more than one Account, and from undertaking the user registration procedures on behalf of a third person.

Article 4. User’s Obligations

1. A user shall promptly notify DMM, when they learn about a defect (including a software defect) related to the Services or have information about, for example, unauthorized means.

2. A user shall be liable for all costs necessary to use the Services, including telecommunication costs to receive the Services.

Article 5. User’ s Personal Information

DMM shall handle the obtained a user’s personal information in related to the Services in accordance with the Privacy Policy.

Article 6. Paid Services

1. A user may purchase by a method specified by DMM a paid service (namely, services and content provided by DMM at a cost, when the Services are used by a user; collectively, “Paid Services”).

2. If a user is a minor, the user shall purchase the Paid Services, only after obtaining their Legal Guardian’s permission, when they request to purchase the Paid Services.

3. DMM will not return, replace, or refund the Paid Services purchased by a user for any reason whatsoever.

4. The period of use for the Paid Services will not expire as long as the Services are provided.

5. The user and the settlement company will resolve their dispute arising about billing between the relevant parties. Moreover, the relevant parties will not cause any inconvenience to DMM.

6. A user acquires the right to use the Paid Services, provided to the user within the Services, only to the extent set forth within the Services, regardless of the expressed content, such as “pay” or “purchase.”

Article 7. License

DMM reserves its rights for all intellectual property rights and copyrights related to the Services, and grants the user only a license to use these rights, regardless of the expressed content, such as “pay” or “purchase,” within the Services.

Article 8. Services Data

1. The data a user registers and accumulates within the Services (the “Game Data”) will be stored on the Account. The user’s Account will install the Services on the Device and will be set up anew for each user’s registration procedures.

2. DMM may manage, at its discretion based on DMM’s own reasonable determination, the Game Data and all data DMM retains in relation to the Services (collectively, the “Services Data”).

3. All the rights related to the Services Data and the like belongs to DMM. A user has neither any intellectual property right nor claim in connection with the Services Data.

4. DMM may delete or change the Services Data without notifying a user in advance, in any of the following situations.
(4.1) If the Services Data violates the prohibited matters set forth in the Terms of Use or a provision set forth by DMM;
(4.2) If DMM determines the Services Data hinders smooth operation of the Services;
(4.3) If DMM determines the deletion or change is necessary for the operation and management of the Services;
(4.4) If DMM determines the Services Data violates public order or morality, or it falls thereunder; or
(4.5) Otherwise, if DMM determines the deletion or change is unavoidable.

5. DMM is neither liable in any way for the determination to delete or change the Services set forth in the preceding paragraph, nor for the results thereof.

Article 9. Change, Cancellation, or Suspension of Services

1. DMM might change the details of the Services without notifying a user in advance.

2. DMM might cancel or suspend the Services temporarily without notifying a user in advance, if the following situations arise.
(2.1) If repair and maintenance services for the Services or its related equipment are conducted;
(2.2) If operation of the Services becomes impossible due to the impact caused by an earthquake, flood, tsunami, power outage, war, dispute, revolt, civil unrest, riot, or labor dispute; or
(2.3) Otherwise, if DMM determines the temporary cancellation or suspension is necessary.

3. DMM is not liable in any way for a user’s damages caused by a change, cancellation, or suspension of the nature of the Services, due to the provisions in this article or another reason.

Article 10. Discontinuation of Services

1. DMM may discontinue the Services by notifying a user about the discontinuation of the Services setting forth an appropriate period.

2. A user will lose all their rights and qualifications regarding the Services at the same time the Services are discontinued.

3. DMM will not refund, replace, or provide compensation in any way for discontinuing the Services, excluding matters stipulated by law.

Article 11. Prohibited Actions and Suspension of User’s Eligibility

1. A user may not conduct the following actions by using the Services.

1.a Impersonation
(1.1) Be a person other than the user who uses the Services on the relevant user’s Account;
(1.2) Use the Services impersonating another user or a third person;
(1.3) Be a person who sets up multiple Accounts;
(1.4) Impersonate an operator of the Services or a person related thereto; or
(1.5) Conduct another act falling under the preceding acts.

1.b Uses for unjust purpose
(1) Register or use the Services for a commercial purpose;
(2) Sell or resell to a third person, or assign, loan, pledge, or provide security to a third person the rights and the like as a user based on the Services, or an act similar thereto, or request or solicit such an act;
(3) Conduct transactions in the real world, or sales on an internet auction, using the virtual items acquired within the Services;
(4) Conduct an act having the purpose to acquire an unjust profit using the Services or an act falling thereunder;
(5) Post information having the purpose of transacting advertisements, products, or services, regardless whether for profit or non-profit;
(6) Post a link, URL, or the like on the websites, webpages, or the like, other than the links and URLs permitted by DMM;
(7) Conduct an act having the purpose to make contact or communication, other than by the Services, such as for dating, or an act falling thereunder;
(8) Conduct political or religious activities, or an act similar thereto; or
(9) Conduct another act falling under the preceding acts.

1.c Unjust actions related to access and systems
(1) Attempt to access the Services by an inappropriate means, such as via a special program;
(2) Use a defect in the Services intentionally, and inform a third person about the details of the defect, without due cause;
(3) Modify, reverse engineer, analyze, create utilities, distribute, or use the programs related to the Services;
(4) Intend to infect the Services with a harmful program, such as a computer virus;
(5) Impose a burden on DMM’s server or other system, and the like; or
(6) Conduct another act falling under the preceding acts.

1.d Infringement on rights
(1) Conduct an act to collect a third person’s personal information or other confidential information (“Personal Information”), regardless of the means or place, or an act having the same purpose thereof;
(2) Show a third person’s Personal Information, regardless of the means or place;
(3) Use a third person’s Personal Information, regardless of the means or place;
(4) Show information, including content leading to a falsehood, inaccuracy, or misunderstanding, regardless of the means or place;
(5) Infringe or conduct an act with the possibility of infringing DMM or a third person’s intellectual property rights or other legal rights, , or a third party’s portrait rights, privacy rights, or publicity rights;
(6) Conduct libel against, insult, or damage the reputation or credibility of DMM or a third person;
(7) Abuse or harass a third person; or
(8) Conduct another act falling under the preceding acts.

1.e Anti-social acts
(1) Conduct an act in violation of a law;
(2) Conduct an act against public order or morality;
(3) Commit a crime or aid or abet a crime;
(4) Use expressions, such as videos or words, that make a general user feel uncomfortable;
(5) Use expressions that discriminate against race, gender, birthplace, or age;
(6) Use expressions that are indecent or obscene, whatsoever the reason, such as being artistic;
(7) Use expressions about sexual activity or expressions that fall thereunder;
(8) Use expressions having the purpose, association, or could lead to child pornography or child prostitution;
(9) Use expressions that can be acknowledged to be harmful to minors; or
(10) Register within the Services a word DMM determines to violate public order or morality or to be vulgar; or
(11) Conduct another act falling under the preceding acts.

1.f Other nuisance acts
(1) Impede operation of the Services or cause trouble to another user using the Services;
(2) Publicly disclose or post details about a query to DMM and the response thereto;
(3) Post information that can identify an individual, such as an email address or telephone number of either the person themself or a third person, or information from which an individual can be deduced with a communication means; or
(4) Other acts DMM determines to be inappropriate.

2. A user shall be liable to compensate DMM or a third person for damages, if the user violates these Terms of Use and causes damages to either DMM or the third person.

3. DMM may suspend, partially cancel, or change the use of the Services, without notifying or warning the user in advance, if the user falls under any of the following situations or DMM determines there is a possibility thereof. (3.1) If the user violates these Terms of Use, such as conducted a prohibited action set forth in Paragraph 1;
(3.2) The user declared a falsehood related to the user’s registration or otherwise regarding the application software;
(3.3) DMM discovers the user is a user whose user’s eligibility was suspended by DMM in the past; or
(3.4) Otherwise, when DMM determines it is inappropriate to provide the Services to the user.

4. DMM is not liable in any way notwithstanding if the relevant user incurs damages in relation to the disposition of the preceding paragraph. Moreover, DMM has no obligation to respond to receiving the explanation or complaint in connection with the relevant disposition.

Article 12. Health Warning

1. DMM recommends a user to use the Services in a manner that does not disrupt the user’s lifestyle and environment due to overuse, and to use the Services while taking breaks at a frequency the user determines appropriate.

2. DMM is not liable in any way whatsoever for social, physical, and psychological problems arising due to the user’s use of the Services.

Article 13. Liability Exemptions concerning Services

1. DMM does not make any guarantee that the Game Data will be accurately saved, and the relevant will be accurately read by inputting the data continuation code, in regard to the services having the Game Data continuation function.

2. DMM is not obliged to recover the Game Data inaccessible due to any of losing the User's Information; uninstalling from the Device the application software for these Services, without the user creating data continuation codes; or loss or malfunction of a Device. Furthermore, DMM is not liable in any way for damages or a disadvantage incurred by the user due to the foregoing reasons.

3. DMM is not liable in any way for the damages, regardless if the user or a third person suffers damages due to the User's Information of a user used by a third party.

4. DMM does not guarantee the accuracy or usefulness of the Services’ content, the information provided to the user, or the details of the information recorded by the user;

5. DMM does not guarantee in any way that what is shown within the Services is either complete or accurate;

6. DMM is not liable in any way whatever for the costs related to the dispute, if a dispute arises between a user and another user or a third person in regard to the use of the Services; and moreover, the user shall resolve the dispute at their own cost and responsibility; 

7. DMM does not make guarantees regarding the non-existence of errors, bugs, or the like on the Services; the non-infection of a computer virus on the Services; or otherwise regarding the safe provision of the Services;

8. DMM is not liable in any way whatsoever for a user’s damages or inconvenience arising due to the circumstances of a telecommunication company or electricity utility;

9. DMM will not compensate or indemnify a user for any kind of defect or damages, if any occurs in the user’s environment, devices, or the like, due to the use of the Services;

10. The Services highly depend on the user’s telecommunication environment and the environment of the equipment used, for the user’s use; the Services cannot be used under just any environment. Accordingly, DMM does not make any guarantee regarding the usability of the Services under just any environment.

11. DMM is not liable in any way regarding the use of the Services, notwithstanding if the user suffers damages or a disadvantage, unless and only when DMM was grossly negligent.

12. DMM shall make its best efforts to save and manage the Services Data, but DMM is not liable if the Services Data is deleted, in whole or in part, due to an unlikely event;

13. A user shall use the Services while satisfying all the terms of use set forth in the Terms of Use, and DMM is not liable in any way for any results caused by the use of the Services when the user does not satisfy the terms of use. Moreover, DMM does not make any performance guarantee, notwithstanding if the user satisfies the terms of use.

14. A user shall use the Services based on their own responsibility. DMM will neither be involved in the user’s activities, nor will be liable in any way whatsoever for the dispute, if a dispute arises between the user and another user, or between the user and a third person. The concerned parties of the dispute shall resolve the dispute between themselves.

15. DMM is not liable in any way whatsoever for damages a user incurs caused by the Services.

16. The provisions in Paragraphs 1 through 15 of this article, as part of the Agreement, do not apply, if an agreement (including the Agreement) entered into between DMM and a user regarding the Services falls under a “Consumer Contract,” as defined in Article 2(3) of the Japanese Consumer Contract Act.

17. DMM is not liable in any way for damages arising from special circumstances (including when DMM or a user predicted, or could predict, the damages would arise), among the damages the user incurs due to non-performance of an obligation, an illegal act, or other cause of action caused by DMM’s negligence (excluding gross negligence).

Article 14. Intellectual Property Rights

1. The copyrights and other intellectual property rights related to all content used in the Services belong to DMM or the rightholders DMM licenses to use these rights. A user may not reproduce, assign, loan, translate, modify, reprint, publicly transmit (including enabling transmission), forward, distribute, publish, sell, or otherwise use these rights, without authorization.

2. DMM may immediately delete or otherwise handle appropriately the situation, when a third person requests the deletion of expressed content, such as a comment, with respect to the user’s communication function on the Services, or when a third party requests compensation for damages or makes another request, and DMM determines there is a good reason for such request. In this event, DMM is not liable in any way notwithstanding if the user suffers damages or a disadvantage.

Article 15. Governing Law

These Terms of Use are governed by the Laws of Japan.

Article 16. Court of Jurisdiction

The Tokyo District Court will have exclusive jurisdiction over a dispute arising between the Company and a user caused by the Services in the first instance.

Established and enforced on April 13, 2017