LAST UPDATED: 9 October 2014
IMPORTANT: PLEASE READ—USE MEANS ACCEPTANCE!!
Welcome, and thank you for your interest in our entertainment software and media dedicated to that software ("Services")! By installing, using, or accessing our Services you agree to be bound by this End User License Agreement ("EULA"). In this EULA, "DeNA", "us", "we", or "our" means DeNA Co., Ltd. and its subsidiaries.
You must be at least 13 to access our Services. By accessing our Services, you are warranting that you are 13 or older and agreeing that you will comply with the terms and conditions of this EULA.
You represent that you own or control the device you use to access our Services (“your Device"), and understand that airtime, data, messaging, and other charges from the provider of your Device may apply. It is your responsibility to determine what costs apply, and to pay those costs. In addition, it is your responsibility to determine whether your Device is compatible with our Services.
DeNA does not make any representations, warranties, or guarantees that our Services will be compatible with, or accessible by, your Device.
(a) Grant. With the exception of third party materials and user-generated materials as addressed below, all content of our Services, including text, photographs, images, graphics, designs, trademarks, audio, video, games, applications, items, software and files (the "DeNA Content") is proprietary of DeNA and its licensors. DeNA hereby grants you a limited, non-exclusive, non-transferrable, non-sublicensable, and revocable license to reproduce and display DeNA Content on your Device solely for your personal, non-commercial, and entertainment use. Except as permitted by this EULA, you may not copy, modify, translate, distribute, transmit, publish, republish, perform, display, post, download, upload, frame, make available, lend, hire, communicate to the public, adapt, or sell any DeNA Content. Any unauthorized use of DeNA Content may violate copyright, trademark, patent, trade secret, or other applicable laws and regulations and will result in the termination of this license. Except only as expressly set forth in this EULA, this EULA does not grant to you any license to any intellectual property rights or other proprietary rights.
(b) Compliance with Third-Party Terms. This grant of license is conditional on your compliance with the terms and conditions of use of third parties as may be applicable to your use of our Services, including the terms and conditions of any mobile application storefront/marketplaces of our Services.
(c) No Sale. You agree that our Services and any DeNA Content are at all times licensed and not sold.
(a) DeNA Ownership. DeNA owns, has licensed, or otherwise has the rights to use all DeNA Content appearing or originating in our Services, including virtual items ("Virtual Items") and virtual currency ("Virtual Currency")
(b) License Only. Virtual Items and Virtual Currency are provided solely for your personal and entertainment use, they may only be used in our Services, and they have no "real world" value. By purchasing or receiving Virtual Items and Virtual Currency all that you receive is a limited license to use them in our Services by the terms of this EULA; Virtual Items and Virtual Currency are not your personal property and no ownership interest in them is transferred to you.
(c) Types & "Prices". The "prices" for and the amounts and kinds of Virtual Items and Virtual Currency available may be changed at any time without notice. Virtual Items and Virtual Currency that you receive may also be changed or discontinued at any time without notice.
(d) Permitted Trades. You cannot sell or transfer, or attempt to sell or transfer, Virtual Items or Virtual Currency, except only that where permitted you can exchange, within our Services, those Virtual Items and Virtual Currency that cannot be purchased with "real world" money ("Tradable Items") for other Tradable Items so long as no money or anything of monetary value is paid or given for Tradable Items; any other exchange is strictly prohibited. You may also give Tradable Items as gifts or presents to other users of our Services ("Players") where that option is available in our Services.
We urge you to bear in mind the following points before you carry out (apply for) any exchange or trade with another Player, or the giving of any gift or present, of Tradable Items (any, a "Trade"):
Important Points re Tradable Items
Please note! We reserve the right to change the manner in which Trades are allowed, and this includes the right to refuse to permit any Trades of any kind. These changes may be made at any time, without prior notice.
(e) No Redemption. Virtual Items and Virtual Currency may never be redeemed by you for "real world" money, goods, wares, merchandise, services, or anything of monetary value from us, any of our affiliates, or any other person.
(a) Orders. If you are under the age of 18 or whatever is the age of legal majority where you access our Services, you may make payments only with the involvement of your legal guardian, and you represent that your legal guardian has read, understood, and agreed to this EULA.
You may purchase, with "real world" money, a limited license to access our Services (where our Services is made available for a fee) and/or limited licenses to use Virtual Items or Virtual Currency (any license, “Access”), and you agree that all Access purchases are final. If you order Access that becomes unavailable before it can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor.
Your orders for Access are offers for use of that content, and if accepted that content will be immediately downloaded to your account.
You expressly consent to the making available of that content immediately upon acceptance of your order. If you are a resident of the European Union and you purchase Access from us, the right to withdraw from such purchases within 14 days of the date of purchase ("Cooling Off Period") may be available to you; however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period. Therefore, you expressly agree and understand that if you order Access from us, your right of withdrawal is forfeited upon acceptance as performance begins immediately on acceptance.
You understand and agree that DeNA provides no refunds for any purchases.
(b) Charges, Taxes. You are responsible for and will pay all fees, charges, and applicable taxes incurred by you or anyone using a Game account registered to you. Note also that you may be charged use, VAT, sales, or like tax on your orders as applicable.
(b) Advertising. DeNA takes no responsibility for third party advertisements or third party applications that are posted on or through our Services or goods or services provided or promoted by any third party through third party advertisements through our Services, nor does it take any responsibility for goods or services provided by its advertisers. DeNA is not responsible for the conduct, whether online or offline, of any Player. Reference to any products, services, content, or other information, whether by trade name, trade mark, service mark, manufacturer, supplier, or otherwise does not constitute or imply sponsorship, endorsement, or recommendation by DeNA.
(c) Third Party Services. Our Services may provide direct integration/access to services of third parties ("Accessed Services"). The above paragraphs (a) and (b) apply equally to Accessed Services. Further, you agree that you shall follow any Accessed Services’ terms and conditions for users of its content and/or services.
(a) Your Responsibility. You may not post, transmit, store, or share any User Content that is not an original work of authorship by you or for which you do not have rights or permission to do so. You are solely responsible for all text, photographs, images, graphics, designs, audio, video, games, applications, software, files, user profiles, messages, and other content (collectively, "User Content") that you post, transmit, or share, and you are solely responsible for creating backup copies of any User Content and for replacing any User Content to the extent you desire to do so and the replacement is consistent with this EULA.
(b) Ownership and License — How We May Use Your Content. Subject to the following license between you and DeNA, you retain ownership of all of your rights in the User Content. By posting, storing, or transmitting User Content, you (i) authorize DeNA to reproduce, distribute, transmit, and use such User Content as necessary to facilitate the posting, storage, and transmission of, and the access to, such User Content; and (ii) grant to DeNA a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, distribute, publicly perform, publicly display, reformat, translate, excerpt, modify, and create derivative works of your User Content for any purpose (commercial or non-commercial). You may request removal of any of your User Content from our Services at any time, in which case the foregoing license will terminate with regard to future use after we remove it; however, DeNA may retain archived copies of your User Content for so long as is necessary for administrative purposes, and, if DeNA has used your User Content prior to removal, DeNA may continue to use your User Content in any manner DeNA previously had used such content. (For example, if your User Content was included in an advertisement, DeNA may continue to use such advertisement.)
(c) No Liability for User Content. DeNA has no liability to you for User Content, and makes no representations or warranties, express or implied, as to or the accuracy, reliability, or content of User Content and such User Content does not necessarily reflect the opinions, positions, or policies of DeNA. Although DeNA provides rules and principles for Player conduct and postings, DeNA does not control, and has no liability to you for, what Players post, transmit, or share. Further, DeNA has no liability to you for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter or access.
(a) General. You may use our Services solely for your personal, non-commercial, and entertainment use. You represent, warrant, and agree that you will not use our Services in an unlawful, threatening, or harassing manner, or take any action that, in DeNA's sole discretion, is considered offensive, libelous, defamatory, immoral, objectionable, or unethical or that is otherwise inconsistent with the standards of the relevant community and good conduct that DeNA intends to govern the use of our Services. In addition to the above, you agree not to do any of the following in connection with our Services or Accessed Services:
(b) Not Restricted Country/Party. You represent and warrant 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.
(c) Legal Action by DeNA. DeNA reserves the right to investigate and take legal action against violators as appropriate.
(d) Notification of Prohibited Acts. If you believe any of the foregoing prohibited acts are taking place, please notify us promptly at firstname.lastname@example.org
(a) Right to Remove. DeNA reserves the right, in its sole judgment, to remove, reject, deny, prohibit, disable access to, or refuse to post or transmit, any User Content, and to deny, restrict, suspend, discontinue, or terminate access to our Services or Accessed Services or any portion thereof at any time with or without prior notice or explanation, for any or no reason, and without liability, including where DeNA determines or believes, in its sole discretion, that you have violated this EULA or to protect DeNA, third parties, our Services, or Players from perceived harm.
(b) Right to Monitor. You acknowledge that DeNA has no obligation to monitor or record your access to or use of our Services or Accessed Services, or to monitor, record, or edit any User Content, but agree that we have the right to do so for the purpose of operating our Services, to ensure your compliance with this EULA, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. You acknowledge and agree that you have no expectation of privacy concerning uploads, transmissions, or submissions of any User Content.
(a) Policy Statement. DeNA respects the intellectual property rights of others and expects its Players to behave likewise. Accordingly, you may not upload, post, send, or transmit to or through our Services or Accessed Services any materials that violate third party intellectual property rights. Further, in accordance with DeNA's repeat infringer policy expressed in our Copyright Infringement notice availablehereand incorporated herein by reference, it is the policy of DeNA to suspend, restrict, or terminate, in appropriate circumstances, subscriptions and accounts held by Players who are repeat infringers. For greater certainty, the foregoing is in addition to and without limitation of anything else herein or at law, including DeNA's right, in its sole discretion, to cause the suspension, restriction, or termination of access to our Services or Accessed Services for Players who infringe any intellectual property rights of ours or of any third party at any time, including those who are repeat infringers for the purposes of applicable law.
(b) Infringement. If you believe that any copyrighted work owned by you has been copied or used in such a manner so as to constitute copyright infringement in connection with material or data provided through our Services, you may notify DeNA's designated copyright agent for receiving claims of copyright infringement as follows:
ATTN: COPYRIGHT AGENT
DeNA Co., Ltd., Shibuya Scramble Square, 2-24-12 Shibuya, Shibuya-ku, Tokyo 150-6140, Japan
Please note, though, that as referred to in more detail in our Copyright Infringement notice availableherecertain legal requirements and restrictions apply to such notices; you are encouraged to familiarize yourself with such requirements and restrictions, or to consult an attorney, before providing any notices of any kind to us in this connection.
YOU EXPRESSLY AGREE THAT THE USE OF OUR SERVICES OR ACCESSED SERVICES IS AT YOUR SOLE RISK. OUR SERVICES, INCLUDING ANY CONTENT PROVIDED THROUGH OUR SERVICES AND ACCESSED SERVICES, IS PROVIDED ON AN "AS IS" BASIS AND DENA HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.
DENA MAKES NO WARRANTY THAT OUR SERVICES OR ACCESSED SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DENA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, LICENSES, OR CONTENT PURCHASED OR OBTAINED THROUGH OUR SERVICES OR ACCESSED SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES OR ACCESSED 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 ACCESS TO OR USE OF OUR SERVICES.
IN NO EVENT WILL DENA, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM YOUR USE OF ANY OF OUR PRODUCTS OR SERVICES, EVEN IF DENA IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, DENA'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS (100 US DOLLARS). TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND 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 OR EXPIRATION OF YOUR ACCESS TO OR USE OF ANY OF OUR PRODUCTS OR SERVICES.
(a) With Third Parties. You are solely responsible for your interactions with third parties.
(b) Governing Law. You agree that the laws of Japan, excluding its conflicts of law rules, will govern this EULA and any dispute between you and DeNA.
(c) Jurisdiction and Venue. You and DeNA agree to submit to the exclusive jurisdiction of, and venue in, the Tokyo District Court in Japan with respect to any dispute between you and DeNA. You hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to this choice of jurisdiction and venue. This choice of jurisdiction and venue does not prevent either you or DeNA from seeking injunctive relief for any violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
We reserve the right to change this EULA at any time. If we change this EULA in a material way, we will give notice of that in our software, on our website (https://dena.com/legal/), and/or by email to any email address we may have for you at that time. Your use of our Services after we have changed the EULA will indicate your consent to the updated EULA.
You accept this EULA by accessing our Services. This EULA constitutes the entire agreement between you and DeNA regarding your use of our Services. If any provision of this EULA is determined to be invalid or unenforceable such provision will be deemed severed from this EULA and the remaining provisions of this EULA will not be affected thereby and will continue to be binding upon you and enforceable. The failure of DeNA to insist upon strict performance of any of the provisions contained in this EULA will not constitute a waiver of our rights, at law or in equity, or a waiver of any other provisions or subsequent default by you in the performance or compliance with any of the terms and conditions of this EULA. This EULA and the license granted hereunder may not be transferred or assigned by you, and any attempted transfer or assignment will be void and ineffective. DeNA may freely assign this EULA and its rights and obligations hereunder without restriction. We may provide notice to you through our Services, our website, by email, or by any other means that you may inform us of; except as otherwise provided in this EULA, all notices given by you under this EULA shall be made by post to DeNA Co., Ltd., Attn: Legal Department, Shibuya Scramble Square, 2-24-12 Shibuya, Shibuya-ku, Tokyo 150-6140, Japan. Any mobile application storefront/marketplace of our Services, and its subsidiaries, are third party beneficiaries of this EULA, and will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
If you have any questions concerning our Services or this EULA, or for any product or support issues, please contact us at email@example.com.
Monotype Imaging Inc. End-User License Agreement
By installing and using our Services (as defined in the End User License Agreement above), you agree to the following terms and conditions.
1.Our Services contains font software programs which generate human readable typeface designs ("Font Software"). You may not install or use the Font Software on any device except one on which you have installed a properly licensed copy of our Services.
2.The Font Software is supplied to you for Internal Use only. "Internal Use," as used herein, means use (i) in the course of your customary and ordinary internal business, or (ii) for your personal use. If used in the course of your customary and ordinary internal business, Internal Use shall mean use solely by your authorized agents and employees. If used for personal use, Internal Use shall mean use solely by individuals who reside with you in your household. All such agents, employees and household residents must agree to the terms and conditions of this Monotype Imaging Inc. End-User License Agreement as a condition of using the Font Software. Internal Use shall occur when an individual is able to give commands (whether by keyboard or otherwise) that are followed by the Font Software, regardless of the location in which the Font Software resides.
3.You may not convert the Font Software into a different format. You may not alter or modify the Font Software in any manner which results in the Font Software having different or enhanced functionality then when it was delivered to you as part of our Services.
4.You may use an application program such as Adobe Acrobat to embed the Font Software into an electronic document. You may send such an electronic document to a third party only for the purpose of permitting the third party to view and print the electronic document. Font Software may not be embedded in any format which permits the recipient of an electronic document to install the Font Software or to use the Font Software for any purpose beyond merely viewing and printing the document. You may not embed Font Software into a Commercial Product. A "Commercial Product" is an electronic document which is distributed in exchange for a fee or other consideration. For example, you cannot embed Font Software into an electronic book or magazine which is offered to the public for a fee.
5.Except for the print and view embedding permission granted in paragraph 4 above, you may not copy the Font Software, provided, however, you may make one copy of the Font Software for archival purposes only. The archival copy cannot be distributed and can be used only when you have permanently deleted the original or any copy of the Font Software on your device. You may not reverse engineer, decompile, or take any action which results in or designed to result in gaining access to the source code of the Font Software, except as permitted by law and then only for the purpose of achieving an interoperable program.
6.The Font Software supplied with our Services is proprietary and is protected by U.S. and international copyright and trademark law. All rights not expressly set forth herein are reserved. A breach of this End User License Agreement may subject you to damages and injunctive relief under this Agreement as well as under applicable copyright and trademark law.
7.YOU AGREE THAT THE FONT SOFTWARE IS SUPPLIED TO YOU WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. You agree that the Font Software is supplied without any warranty that the Font Software is free of all bugs, errors, and omissions. YOU AGREE THAT IN NO EVENT WILL THE PROVIDER OF OUR SERVICES OR ITS SUPPLIERS, INCLUDING THE SUPPLIER(S) OF THE FONT SOFTWARE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PUNITIVE OR SPECIAL DAMAGES, EVEN IF YOU NOTIFIED THE PROVIDER OF OUR SERVICES AND THE SUPPLIERS OF THE FONT SOFTWARE OF THE POSSIBILITY OF SUCH DAMAGES. You agree that your sole and exclusive remedy and the sole liability of the provider of our Services and the supplier(s) of the Font Software for defective Font Software is, upon return of the defective Font Software to the provider of our Services, either (and at the sole option of the provider of our Services) (i) the replacement of defective Font Software or (ii) the refund of your licensee fee paid for such Font Software. Some jurisdictions do not allow the exclusion or limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Also, some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to ninety (90) days. Some jurisdictions do not permit a limitation or exclusion of implied warranties where the product results in physical injury or death so that such limitations or exclusions may not apply to you. In those jurisdictions, you agree that the liability of the supplier of the Font Software for such physical injury shall not exceed one hundred thousand dollars (U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from jurisdiction to jurisdiction. Other than as expressly set forth herein, the Font Software is non-returnable and nonrefundable.
8.This license shall remain in effect so long as you are in material compliance with all of its terms and conditions. If you breach any of the terms and conditions, this license is automatically terminated and you are obligated to destroy the original and all copies of the Font Software. In such event, upon the request of the provider of our Services or the suppliers of the Font Software, you shall provide written certification of such destruction.
9.If you are acquiring Font Software on behalf of any unit or agency of the United States Government, the following provisions shall apply. Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in the Rights in Technical Data and computer Software clause at FAR 252.227-7013, subdivision (b)(3)(ii) or subparagraph (c)(1(ii), as appropriate. Further use, duplication or disclosure is subject to restrictions to restricted rights software as set forth in FAR 52.227-19(c)(2).