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Terms of Use
1. Services:
1.1 These Terms of Use and all supplemental terms (collectively, these “Terms”) govern the relationship between you and COLOPL, Inc. (“we/us") regarding your use of any of our applications (each an “App”), and related digital content and websites provided by us (collectively, the "Services").
1.2 By clicking on any button indicating agreement or acceptance (where applicable), or by downloading and using any App or by using any part of the Services, you agree that you will comply with these Terms. If you do not agree or are not in compliance with these Terms, you may not access or use our Services.
2. License
2.1. We hereby grant you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services, for your personal non-commercial use, in the manner permitted by this Terms of Use. The rights granted herein are subject to your compliance with this Terms of Use.
2.2 The term of your license under this Terms of Use shall commence on the date that you accept this Terms of Use and install or otherwise use the Services and end on the earlier date of either your disposal of the Services or our termination of this Terms of Service. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Services or you otherwise use the Services in breach of the terms of this Terms of Use.
3. Use by Minors
If you are under the age of 20 or such other age as local law defines as a minor, you and your parent or guardian must acknowledge and agree that (A) you and your parent or guardian have reviewed and understand and agree to these Terms and (B) we may limit, in whole or in part, your use of the Services in our sole discretion.
4. Changes to Terms of Use
We may from time to time modify these Terms and such modifications will be posted on our website. Your use of any of the Services after posting of any such modification will mean that you have accepted the modified Terms.
5. Change or Discontinuation of the Services
5.1 We may at any time and from time to time modify, discontinue or abolish the Services or any part thereof without prior notice to you with no liability.
5.2 We reserve the right, in our sole discretion, to re-set, re-establish and change any part of the Services, including any specification, rule, design, audio-visual materials and effect, parameter, scenario or price, at any time with or without prior notice or explanation, and without any liability to you.
6. Your Account
As a registered user of the Services, you may establish an account (an “Account”) in accordance with these Terms of Use. You may not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account. We shall not be responsible or liable for any losses arising out of the unauthorized use of your Account.
7. Privacy
Your privacy is very important to us. We designed our “Privacy Policy” to make important disclosures about how we collect and can use your content and information.
8. Ownership
8.1 All copyrights, trademark rights and any other intellectual property rights in connection with the Servicesand any related contents belong to us and/or content provider(s). The Services will be provided to you subject to your compliance with these Terms. The Services and any related content will be provided only for the purpose of your personal, non-commercial use in full compliance with these Terms.
8.2 No part or portion of the Services and any related content may be reproduced in any form or by any means, except as is expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any part or portion of the Services and any related content in any manner.
9. Pay Services
9.1 We may provide any fare-paying services “Pay Services”), including purchasing a license to use virtual items within the Services (“Virtual Items”). In order to use our Pay Services, you need to purchase our virtual currency by such method as we separately specify from time to time.
9.2 In order to purchase virtual currency, you must make purchases in in accordance with the procedures, and terms and conditions, specified from time to time by third party settlement service providers (including but not limited to Oculus VR, LLC and Vive Corporation. Same as follows.), as the case may be. You are solely responsible for all aspects of any such purchases through use of services provided by third party settlement service providers, and for resolving at your sole cost and expense any disputes that may arise, and we disclaim and shall have no obligation, responsibility or liability for any aspect of your dealings with such service providers or any disputes with any such service providers.
9.3 We may set an upper limit on the amount of virtual currency that you may purchase or hold. You may not purchase or hold virtual currency in excess of an upper limit we set.
9.4 You agree to expend virtual currency for use of our Pay Services in compliance with such terms and conditions as are expressly designated from time to time in connection with the Services.
9.5 You understand that virtual currency is intended exclusively for use in our Pay Services and cannot be used for any other purpose, and that virtual currency cannot be refund or returned for a cash refund (except as required by law), exchange, resold, transferred, mortgaged or loaned to any third party.
10. Risk and Responsibility
10.1 The Services are provided on condition that use is at your own responsibility, manner and moderation.
10.2 Use of the Services and all activities related thereto will be at your sole risk and responsibility.
10.3 You hereby agree to indemnify, defend and hold us and all relevant third parties harmless from any and all damages, losses, costs and expenses (including but not limited to the fees of legal counsel) caused by or arising out of your use of the Services.
10.4 You shall handle and resolve any inquiries, claims and/or disputes from other users or any third parties arising from your use of the Services at your sole cost and expense, and you agree that we shall have no obligation or liability to you or any other person or entity in relation thereto.
10.5 We highly recommend that you not carelessly make public or provide to other users or third parties through the Services your personal information, including but not limited to, your real name, birth date, address or other personally identifiable information. You are solely responsible for handling and resolving at your sole cost and expense, any inquiries, claims and/or disputes arising in relation to your personal information that you voluntarily make public or provide to other users or third parties through the services, and you agree that we shall have no obligation or liability to you or any other person or entity in relation thereto.
10.6 You are responsible for preparing and maintaining the necessary environment (PC, communication device, playing device etc.), and arranging for the necessary communication services or internet-access services to make use of the Services, and to pay and discharge all costs and fees in relation thereto, and you agree that we shall have no obligation or liability to you or any other person or entity in relation thereto.
10.7 You understand that by using the Services, you may encounter material that you may deem to be offensive, indecent, or objectionable. Nevertheless, you agree to use the Services at your sole risk and we shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.
10.8 You agree to defend, indemnify and hold us harmless from all damages, liabilities, claims, losses and expenses, including fees of legal counsel, that arise from or relate to a breach of these Terms for which you are responsible or in connection with your distribution of any User Content (or other material) on or through the Services.
11. Usage Rules
You agree to use the Services in compliance with the following usage rules.
a. You may not use the Services for any purpose other than personal and non- commercial purposes.
b. You agree not to change, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with the App and/or the Services.
c. You may not upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially, religiously or ethnically offensive, or otherwise objectionable.
d. You may not stalk, harass, threaten or harm another.
e. You may not request personal or other information from a minor (any person under the age of 20 or such other age as local law defines as a minor).
f. You may not post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements.
g. You may not upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the App, the Services, or any other computer software or hardware.
h. You may not impersonate or misrepresent yourself as another person or entity.
i. You may not have more than one account, at any given time, and may not create an account using a false identity or information, or on behalf of someone other than yourself.
j. You shall not share or let anyone else access your Account or the login information. You shall not share or let anyone else use or play the App by allowing him/or her using the mobile device in which the App is installed and playable on your Account or login information.
k. You may not misrepresent your location information when using the Services.
l. You may not cheat or otherwise modify the Services to gain an advantage for one player over another.
m. You may not modify or interfere with or disrupt the Services and may not use any unauthorized third party software designed to do so.
n. You may not transfer, sell, mortgage, exchange or trade, or attempt, solicit or offer to transfer, sell, mortgage, exchange or trade, in any services other than the Services or in “real world”, anything originating in the Services, including virtual currency or other in-game currency, Virtual Items or other content or material provided in the Services unless otherwise expressly authorized by us.
o. You may not make improper use of our support services, including by submitting false or abusive reports or using profane language in your communications with our support personnel.
p. You shall in any event comply with all applicable law in the use of the Services. Without limiting the foregoing, any and all software related to the Services may be subject to export controls of Japan, the United States, the European Union or other jurisdictions. By making use of the Services, you warrant that you are not located in any country, or exporting any software or other technology to any person or place, to which Japan, the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to comply with all applicable export control laws and not to transfer, by electronic transmission or otherwise, any material subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload any User Content (or other content or software) to our system that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of these Terms.
12. General Prohibition
We prohibit any of the following activities (or any activities which could correspond to the following) to the Services.
a. Activities which infringe copyrights, trademark rights and any other intellectual property rights (including moral rights of authors and/or performers) of us or third parties.
b. Activities which infringe privacy, image rights, or publicity rights of us or third parties.
c. Activities which discriminate or defame us or third parties or harm the reputation, honor or trust of us or any third party.
d. Activities which may relate to or could relate to crime, prostitution, atrocity, terrorism or other act offensive to public order and morals.
13. User-Generated Content
13.1 You are solely responsible for all text, user profiles, messages, photographs, graphics, audio, video, applications, and other content (“User Content”) that you post to, transmit or share with other users through the Services.
13.2 Although you retain ownership of all of your rights in your User Content, by posting User Content to, transmitting User Content or sharing User Content with other users through the Services, you grant to us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, distribute, publish, publicly perform, publicly display, broadcast, publicly transmit, translate, excerpt, modify, and create derivative works of your User Content for any purpose (commercial or non-commercial), including without limitation use in connection with the Services.
13.3 We reserve the right, in our sole discretion, to remove, disable access to, or refuse to post or transmit, any of your User Content, in whole or in part, at any time with or without prior notice or explanation, for any or no reason, and without any liability to you, including where we determine or believe, in our sole discretion, that you have violated these Terms.
14. Termination
14.1 If (A) we determine or believe, in our sole discretion, that you have violated these Terms, or (B) we decide to suspend or terminate the Services in accordance with Clause 5.1 above, we reserve the right, in our sole discretion, to deny, restrict, suspend, discontinue or terminate these Terms between you and us, and/or your Account for the Services, in whole or in part, at any time with or without prior notice or explanation, without any liability to you.
14.2 When these Terms between you and us, and/or your Account is terminated, whether such termination was voluntary or involuntary, we shall have no liability to provide a refund for any reason, and you will not receive money or other compensation for unused virtual currency and/or virtual items (except as required by law).
15. Third Party Materials
Our Service may include materials from third parties. We may provide links to third-party web sites as a convenience to you. You understand that the inclusion of any link does not imply endorsement by us of these linked sites. You agree that we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability for any third-party materials or web sites, or for any other materials, products, or services of third parties.
16. DISCLAIMER OF WARRANTIES
16.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
16.2 YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
16.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SERVICES.
16.4 NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
16.5 IF (A) YOU LOSE OR FORGET YOUR ACCOUNT OR LOGIN INFORMATION FOR THE APP AND/OR THE SERVICES, OR (B) YOUR MOBILE DEVICE IN WHICH THE APP IS INSTALLED AND PLAYABLE ON YOUR ACCOUNT OR LOGIN INFORMATION IS LOST, STOLEN OR BROKEN, WE WILL NOT RESTORE OR RECOVER YOUR FORMER ACCOUNT, LOGIN INFORMATION, VIRTUAL CURRENCY, VIRTUAL ITEMS, OTHER DATA REGARDING STATUS AS USER OF THE SERVICES, AND WE SHALL HAVE NO LIABILITY TO YOU FOR YOUR DAMAGES OR LOSSES.
16.6 WE SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ANY FAILURE TO PERFORM HEREUNDER DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSES BEYOND OUR CONTROL SUCH AS ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR OR MATERIALS.
17. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US ARISING OUT OF OR RELATING TO THE SERVICES IS TO STOP USING THE SERVICES, AND TO CANCEL YOUR ACCOUNT. IN NO CASE SHALL OUR LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU HAVE PAID TO US FOR THE SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE SERVICES, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
18. Miscellaneous
18.1 You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
18.2 If any court of law having jurisdiction to decide on any matter rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms of Use. The remaining provisions of these Terms will continue to be valid and enforceable.
18.3 These Terms your relationship with us under these Terms shall be governed by the laws of Japan without regard to its conflict of law principles. You and we agree to submit to the exclusive jurisdiction of Tokyo District Court of Japan to resolve any legal issues arising from these Terms.
Established: October 1, 2016
Colopl Privacy Policy
COLOPL, Inc.(""we/us"") fully understands the importance of your personal information and handle the information with extreme care. For this purpose, we hereby set forth the Privacy Policy describing how we collect, use, disclose, transfer and preserve your information. This Privacy Policy is to be applied to our applications, websites and services (collectively ""Services"") along with the application privacy policies, terms and conditions and guidelines set forth in each Service.
1. Information We Collect and Means by which It Is Collected
1.1 Information We Collect from you Directly
When you go through a registration flow for our services, you may be required to provide the following information:
(a) your age or birthday;
(b) your first and last names; your user name or nickname;
(c) your e-mail address;
(d) a password and other information that helps us confirm that it is you accessing your account;
(e) your profile which may include: a profile photo; one or more Service username; your gender; biographic details that you provide; links to your profiles on various SNS; and a user ID number that is created by us and used to identify your profile;
(f) your information stated in each Service to be collected; and
(g) other information about you otherwise stated to be collected.
1.2 Device Information
If you use our services on your devices or mobile devices, we may collect device identifiers, mobile device identifiers and IP Address. We may collect the name you have associated with your device, device type, telephone number, country, and any other information you choose to provide, such as user name, or e-mail address.
1.3 Location information
If you use our Services on your devices or mobile devices and then admit to provide your location information, we may collect and process information about your actual location.
1.4 Payment Information
If you purchase our virtual currency, goods or a license to use virtual items in our Services directly from us, we may collect the billing and financial information necessary to process your charges, which may include your postal and e-mail addresses. We may also receive the billing and payment information that you provide when your purchase is processed by third party settlement service providers (including but not limited to Amazon Services International, Inc., Apple Inc. or Google Inc.).
1.5 Delivery Information
If you purchase our goods through our Services, we may collect the address, phone number, purchaser name and other information necessary for delivery. We may also receive the purchase and delivery information that you provide when your purchase and/or delivery is processed by third party settlement and/or representative service providers.
1.6 Customer Support Correspondence
When you ask for assistance from our customer support team, we may collect and store the contact information you provide (generally includes but not limited to your name and e-mail address), information about your activity on the Service, and your user ID number. We may store the correspondence and any information contained within.
1.7 Information about Your Actions
When you use our Services, we may collect and store certain information that you provide directly or through third party service provider that is offering our Services. We may collect information about your action and interaction with other users and our Services. The bulk of this information is collected and stored through the use of Log Files, which are files on our servers that record actions taken on our applications and websites.
1.8 Communications Features
When you take part in certain activities on our Services or websites that give you the opportunity to communicate or share information (including text, user profiles, messages, photographs, graphics, audio, video, applications, and other information content) that you provide, with other users, we may record and store archives of the information of these communications.
1.9 Cookies and Automated Information Collection
When you access our Services, we collect certain technical information as follows. We and service providers acting on our behalf use Log Files and tracking technologies to collect and analyze certain types of technical information, including cookies, IP addresses, device type, device identifiers, browser types, browser language, referring and exit pages, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, URLs of the pages, the amount of time spent on particular pages, application state and the date and time of activity on our Services or websites, and other similar information. In some cases, We may associate this information with your user ID number for our internal use.
We may also employ other technologies including (i) web beacons, which allow us to know if a certain page was visited or whether an e-mail was opened; and (ii) tracking pixels, which allow us to advertise more efficiently by excluding our current users from certain promotional messages, identifying the source of a new installation or delivering ads to you on other websites.
1.10 Information Collected in Linkage with Outside Services
We may collect your IDs used in the services outside the Services (""Outside Services"") and information you permit in the privacy setting of such Outside Services for use with the Services at that time.
2. How we use your information we collect
We may use your information we collect for the following purposes;
(a) to deliver goods and/or Services.
(b) to calculate and charge fees or compensation.
(c) to identify or to authenticate users.
(d) to have a questionnaire.
(e) to offer a prize or to run a campaign.
(f) to allot points or to exchange points.
(g) to do marketing survey, to have statistics and to analyze.
(h) to maintain system and to fix defects.
(i) to send important notices, such as communications about purchases and changes to our terms, conditions and policies.
(j) to deliver advertising and to track its result.
(k) to provide technical support and respond to user inquiries.
(l) to develop, deliver, maintain and improve our applications, websites, services, contents and advertising.
(m) to develop and deliver targeted advertising for our or third party's products and services.
(n) to prevent fraud or potentially illegal activities, and enforce our Terms of Use.
(o) to manage with the purposes set forth in each Service.
3. Sharing of You Information
We may share your information with third parties in the following circumstances:
(a) With Your Consent
We will share your information (in some cases personal information) with third party companies, organizations or individuals when we have your consent to do so.
(b) With Third Party Service Providers
We will provide your information to third party service providers who will perform services on our behalf, including payment processing, data analysis, e-mail delivery, hosting services, customer service or will assist us in our marketing efforts. We direct all such third party service providers to maintain the confidentiality of the information disclosed to them and to not use your information for any purpose other than to provide services on our behalf.
(c) With Outside Services for Linkage
We will provide your information to third party that provides account or authentication service (including but not limited to Facebook, Inc., Google, Inc. and Apple Inc.) to provide linkage with such service or authentication using such service.
(d) With Third Party Advertisers
We may share (i) certain technical information about your device (including IP addresses, MAC addresses for mobile devices and mobile device IDs), (ii) aggregated non-personally identifiable information, and (iii) anonymous information with third party advertisers. You agree that this information may be used by us or by the said third party advertisers to undertake user trend analyses, demographic profiling, and web analytics and to offer you behavioral targeted advertising.
(e) For Legal Reasons
It may be necessary by applicable law, regulation, legal process and/or requests from public and governmental authorities for us to disclose your personal information.
We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public interest, disclosure is necessary or appropriate.
We may also disclose your information if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users.
(f) Sale or Merger
In the event of a reorganization, merger or sale, we may transfer any and all personal information we collect to the relevant third party.
4. Protection of Personal Information
We take reasonable administrative, technical, and physical measures to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.
To make sure your personal information is secure, we communicate our privacy and security guidelines to our employees and strictly enforce privacy safeguards within the company.
5. Access to Personal Information
We use commercially reasonable efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if we are not required to retain it by law or for legitimate business purposes.
If that information is wrong, we make good faith efforts to give you ways to update it quickly or to delete it, unless we have to keep that information for legitimate business or legal purposes.
We may ask you to verify your identity before we can act on your request.
We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by applicable law.
6. Children
Our Services are not intended for children under the age of 13 in principle and we do not knowingly collect any personally identifiable information from such children. In the event that we learn that we have inadvertently gathered personally identifiable information from children under the age of 13 without their parents' consent, we will take reasonable measures to promptly erase such information from our records.
7. Deletion of Information
We will delete your information when we reasonably determine it is unnecessary for our Service operations.
8. Privacy Questions
If you have any questions or concerns about our Privacy Policy please contact us (privacypolicy@colopl.co.jp). However, if any policy or statement is set forth in each of applications or websites, the provisions of the policy or statement will prevail.
9. Changes to Privacy Policy
We may update this Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy. The changes to Privacy Policy will be applied to all use of Services after it is posted on our websites or in our applications.
Established on February 27, 2014.
1. Services:
1.1 These Terms of Use and all supplemental terms (collectively, these “Terms”) govern the relationship between you and COLOPL, Inc. (“we/us") regarding your use of any of our applications (each an “App”), and related digital content and websites provided by us (collectively, the "Services").
1.2 By clicking on any button indicating agreement or acceptance (where applicable), or by downloading and using any App or by using any part of the Services, you agree that you will comply with these Terms. If you do not agree or are not in compliance with these Terms, you may not access or use our Services.
2. License
2.1. We hereby grant you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services, for your personal non-commercial use, in the manner permitted by this Terms of Use. The rights granted herein are subject to your compliance with this Terms of Use.
2.2 The term of your license under this Terms of Use shall commence on the date that you accept this Terms of Use and install or otherwise use the Services and end on the earlier date of either your disposal of the Services or our termination of this Terms of Service. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Services or you otherwise use the Services in breach of the terms of this Terms of Use.
3. Use by Minors
If you are under the age of 20 or such other age as local law defines as a minor, you and your parent or guardian must acknowledge and agree that (A) you and your parent or guardian have reviewed and understand and agree to these Terms and (B) we may limit, in whole or in part, your use of the Services in our sole discretion.
4. Changes to Terms of Use
We may from time to time modify these Terms and such modifications will be posted on our website. Your use of any of the Services after posting of any such modification will mean that you have accepted the modified Terms.
5. Change or Discontinuation of the Services
5.1 We may at any time and from time to time modify, discontinue or abolish the Services or any part thereof without prior notice to you with no liability.
5.2 We reserve the right, in our sole discretion, to re-set, re-establish and change any part of the Services, including any specification, rule, design, audio-visual materials and effect, parameter, scenario or price, at any time with or without prior notice or explanation, and without any liability to you.
6. Your Account
As a registered user of the Services, you may establish an account (an “Account”) in accordance with these Terms of Use. You may not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account. We shall not be responsible or liable for any losses arising out of the unauthorized use of your Account.
7. Privacy
Your privacy is very important to us. We designed our “Privacy Policy” to make important disclosures about how we collect and can use your content and information.
8. Ownership
8.1 All copyrights, trademark rights and any other intellectual property rights in connection with the Servicesand any related contents belong to us and/or content provider(s). The Services will be provided to you subject to your compliance with these Terms. The Services and any related content will be provided only for the purpose of your personal, non-commercial use in full compliance with these Terms.
8.2 No part or portion of the Services and any related content may be reproduced in any form or by any means, except as is expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any part or portion of the Services and any related content in any manner.
9. Pay Services
9.1 We may provide any fare-paying services “Pay Services”), including purchasing a license to use virtual items within the Services (“Virtual Items”). In order to use our Pay Services, you need to purchase our virtual currency by such method as we separately specify from time to time.
9.2 In order to purchase virtual currency, you must make purchases in in accordance with the procedures, and terms and conditions, specified from time to time by third party settlement service providers (including but not limited to Oculus VR, LLC and Vive Corporation. Same as follows.), as the case may be. You are solely responsible for all aspects of any such purchases through use of services provided by third party settlement service providers, and for resolving at your sole cost and expense any disputes that may arise, and we disclaim and shall have no obligation, responsibility or liability for any aspect of your dealings with such service providers or any disputes with any such service providers.
9.3 We may set an upper limit on the amount of virtual currency that you may purchase or hold. You may not purchase or hold virtual currency in excess of an upper limit we set.
9.4 You agree to expend virtual currency for use of our Pay Services in compliance with such terms and conditions as are expressly designated from time to time in connection with the Services.
9.5 You understand that virtual currency is intended exclusively for use in our Pay Services and cannot be used for any other purpose, and that virtual currency cannot be refund or returned for a cash refund (except as required by law), exchange, resold, transferred, mortgaged or loaned to any third party.
10. Risk and Responsibility
10.1 The Services are provided on condition that use is at your own responsibility, manner and moderation.
10.2 Use of the Services and all activities related thereto will be at your sole risk and responsibility.
10.3 You hereby agree to indemnify, defend and hold us and all relevant third parties harmless from any and all damages, losses, costs and expenses (including but not limited to the fees of legal counsel) caused by or arising out of your use of the Services.
10.4 You shall handle and resolve any inquiries, claims and/or disputes from other users or any third parties arising from your use of the Services at your sole cost and expense, and you agree that we shall have no obligation or liability to you or any other person or entity in relation thereto.
10.5 We highly recommend that you not carelessly make public or provide to other users or third parties through the Services your personal information, including but not limited to, your real name, birth date, address or other personally identifiable information. You are solely responsible for handling and resolving at your sole cost and expense, any inquiries, claims and/or disputes arising in relation to your personal information that you voluntarily make public or provide to other users or third parties through the services, and you agree that we shall have no obligation or liability to you or any other person or entity in relation thereto.
10.6 You are responsible for preparing and maintaining the necessary environment (PC, communication device, playing device etc.), and arranging for the necessary communication services or internet-access services to make use of the Services, and to pay and discharge all costs and fees in relation thereto, and you agree that we shall have no obligation or liability to you or any other person or entity in relation thereto.
10.7 You understand that by using the Services, you may encounter material that you may deem to be offensive, indecent, or objectionable. Nevertheless, you agree to use the Services at your sole risk and we shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.
10.8 You agree to defend, indemnify and hold us harmless from all damages, liabilities, claims, losses and expenses, including fees of legal counsel, that arise from or relate to a breach of these Terms for which you are responsible or in connection with your distribution of any User Content (or other material) on or through the Services.
11. Usage Rules
You agree to use the Services in compliance with the following usage rules.
a. You may not use the Services for any purpose other than personal and non- commercial purposes.
b. You agree not to change, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with the App and/or the Services.
c. You may not upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially, religiously or ethnically offensive, or otherwise objectionable.
d. You may not stalk, harass, threaten or harm another.
e. You may not request personal or other information from a minor (any person under the age of 20 or such other age as local law defines as a minor).
f. You may not post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements.
g. You may not upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the App, the Services, or any other computer software or hardware.
h. You may not impersonate or misrepresent yourself as another person or entity.
i. You may not have more than one account, at any given time, and may not create an account using a false identity or information, or on behalf of someone other than yourself.
j. You shall not share or let anyone else access your Account or the login information. You shall not share or let anyone else use or play the App by allowing him/or her using the mobile device in which the App is installed and playable on your Account or login information.
k. You may not misrepresent your location information when using the Services.
l. You may not cheat or otherwise modify the Services to gain an advantage for one player over another.
m. You may not modify or interfere with or disrupt the Services and may not use any unauthorized third party software designed to do so.
n. You may not transfer, sell, mortgage, exchange or trade, or attempt, solicit or offer to transfer, sell, mortgage, exchange or trade, in any services other than the Services or in “real world”, anything originating in the Services, including virtual currency or other in-game currency, Virtual Items or other content or material provided in the Services unless otherwise expressly authorized by us.
o. You may not make improper use of our support services, including by submitting false or abusive reports or using profane language in your communications with our support personnel.
p. You shall in any event comply with all applicable law in the use of the Services. Without limiting the foregoing, any and all software related to the Services may be subject to export controls of Japan, the United States, the European Union or other jurisdictions. By making use of the Services, you warrant that you are not located in any country, or exporting any software or other technology to any person or place, to which Japan, the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to comply with all applicable export control laws and not to transfer, by electronic transmission or otherwise, any material subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload any User Content (or other content or software) to our system that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of these Terms.
12. General Prohibition
We prohibit any of the following activities (or any activities which could correspond to the following) to the Services.
a. Activities which infringe copyrights, trademark rights and any other intellectual property rights (including moral rights of authors and/or performers) of us or third parties.
b. Activities which infringe privacy, image rights, or publicity rights of us or third parties.
c. Activities which discriminate or defame us or third parties or harm the reputation, honor or trust of us or any third party.
d. Activities which may relate to or could relate to crime, prostitution, atrocity, terrorism or other act offensive to public order and morals.
13. User-Generated Content
13.1 You are solely responsible for all text, user profiles, messages, photographs, graphics, audio, video, applications, and other content (“User Content”) that you post to, transmit or share with other users through the Services.
13.2 Although you retain ownership of all of your rights in your User Content, by posting User Content to, transmitting User Content or sharing User Content with other users through the Services, you grant to us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, distribute, publish, publicly perform, publicly display, broadcast, publicly transmit, translate, excerpt, modify, and create derivative works of your User Content for any purpose (commercial or non-commercial), including without limitation use in connection with the Services.
13.3 We reserve the right, in our sole discretion, to remove, disable access to, or refuse to post or transmit, any of your User Content, in whole or in part, at any time with or without prior notice or explanation, for any or no reason, and without any liability to you, including where we determine or believe, in our sole discretion, that you have violated these Terms.
14. Termination
14.1 If (A) we determine or believe, in our sole discretion, that you have violated these Terms, or (B) we decide to suspend or terminate the Services in accordance with Clause 5.1 above, we reserve the right, in our sole discretion, to deny, restrict, suspend, discontinue or terminate these Terms between you and us, and/or your Account for the Services, in whole or in part, at any time with or without prior notice or explanation, without any liability to you.
14.2 When these Terms between you and us, and/or your Account is terminated, whether such termination was voluntary or involuntary, we shall have no liability to provide a refund for any reason, and you will not receive money or other compensation for unused virtual currency and/or virtual items (except as required by law).
15. Third Party Materials
Our Service may include materials from third parties. We may provide links to third-party web sites as a convenience to you. You understand that the inclusion of any link does not imply endorsement by us of these linked sites. You agree that we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability for any third-party materials or web sites, or for any other materials, products, or services of third parties.
16. DISCLAIMER OF WARRANTIES
16.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
16.2 YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
16.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SERVICES.
16.4 NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
16.5 IF (A) YOU LOSE OR FORGET YOUR ACCOUNT OR LOGIN INFORMATION FOR THE APP AND/OR THE SERVICES, OR (B) YOUR MOBILE DEVICE IN WHICH THE APP IS INSTALLED AND PLAYABLE ON YOUR ACCOUNT OR LOGIN INFORMATION IS LOST, STOLEN OR BROKEN, WE WILL NOT RESTORE OR RECOVER YOUR FORMER ACCOUNT, LOGIN INFORMATION, VIRTUAL CURRENCY, VIRTUAL ITEMS, OTHER DATA REGARDING STATUS AS USER OF THE SERVICES, AND WE SHALL HAVE NO LIABILITY TO YOU FOR YOUR DAMAGES OR LOSSES.
16.6 WE SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ANY FAILURE TO PERFORM HEREUNDER DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSES BEYOND OUR CONTROL SUCH AS ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR OR MATERIALS.
17. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US ARISING OUT OF OR RELATING TO THE SERVICES IS TO STOP USING THE SERVICES, AND TO CANCEL YOUR ACCOUNT. IN NO CASE SHALL OUR LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU HAVE PAID TO US FOR THE SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE SERVICES, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
18. Miscellaneous
18.1 You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
18.2 If any court of law having jurisdiction to decide on any matter rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms of Use. The remaining provisions of these Terms will continue to be valid and enforceable.
18.3 These Terms your relationship with us under these Terms shall be governed by the laws of Japan without regard to its conflict of law principles. You and we agree to submit to the exclusive jurisdiction of Tokyo District Court of Japan to resolve any legal issues arising from these Terms.
Established: October 1, 2016
Colopl Privacy Policy
COLOPL, Inc.(""we/us"") fully understands the importance of your personal information and handle the information with extreme care. For this purpose, we hereby set forth the Privacy Policy describing how we collect, use, disclose, transfer and preserve your information. This Privacy Policy is to be applied to our applications, websites and services (collectively ""Services"") along with the application privacy policies, terms and conditions and guidelines set forth in each Service.
1. Information We Collect and Means by which It Is Collected
1.1 Information We Collect from you Directly
When you go through a registration flow for our services, you may be required to provide the following information:
(a) your age or birthday;
(b) your first and last names; your user name or nickname;
(c) your e-mail address;
(d) a password and other information that helps us confirm that it is you accessing your account;
(e) your profile which may include: a profile photo; one or more Service username; your gender; biographic details that you provide; links to your profiles on various SNS; and a user ID number that is created by us and used to identify your profile;
(f) your information stated in each Service to be collected; and
(g) other information about you otherwise stated to be collected.
1.2 Device Information
If you use our services on your devices or mobile devices, we may collect device identifiers, mobile device identifiers and IP Address. We may collect the name you have associated with your device, device type, telephone number, country, and any other information you choose to provide, such as user name, or e-mail address.
1.3 Location information
If you use our Services on your devices or mobile devices and then admit to provide your location information, we may collect and process information about your actual location.
1.4 Payment Information
If you purchase our virtual currency, goods or a license to use virtual items in our Services directly from us, we may collect the billing and financial information necessary to process your charges, which may include your postal and e-mail addresses. We may also receive the billing and payment information that you provide when your purchase is processed by third party settlement service providers (including but not limited to Amazon Services International, Inc., Apple Inc. or Google Inc.).
1.5 Delivery Information
If you purchase our goods through our Services, we may collect the address, phone number, purchaser name and other information necessary for delivery. We may also receive the purchase and delivery information that you provide when your purchase and/or delivery is processed by third party settlement and/or representative service providers.
1.6 Customer Support Correspondence
When you ask for assistance from our customer support team, we may collect and store the contact information you provide (generally includes but not limited to your name and e-mail address), information about your activity on the Service, and your user ID number. We may store the correspondence and any information contained within.
1.7 Information about Your Actions
When you use our Services, we may collect and store certain information that you provide directly or through third party service provider that is offering our Services. We may collect information about your action and interaction with other users and our Services. The bulk of this information is collected and stored through the use of Log Files, which are files on our servers that record actions taken on our applications and websites.
1.8 Communications Features
When you take part in certain activities on our Services or websites that give you the opportunity to communicate or share information (including text, user profiles, messages, photographs, graphics, audio, video, applications, and other information content) that you provide, with other users, we may record and store archives of the information of these communications.
1.9 Cookies and Automated Information Collection
When you access our Services, we collect certain technical information as follows. We and service providers acting on our behalf use Log Files and tracking technologies to collect and analyze certain types of technical information, including cookies, IP addresses, device type, device identifiers, browser types, browser language, referring and exit pages, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, URLs of the pages, the amount of time spent on particular pages, application state and the date and time of activity on our Services or websites, and other similar information. In some cases, We may associate this information with your user ID number for our internal use.
We may also employ other technologies including (i) web beacons, which allow us to know if a certain page was visited or whether an e-mail was opened; and (ii) tracking pixels, which allow us to advertise more efficiently by excluding our current users from certain promotional messages, identifying the source of a new installation or delivering ads to you on other websites.
1.10 Information Collected in Linkage with Outside Services
We may collect your IDs used in the services outside the Services (""Outside Services"") and information you permit in the privacy setting of such Outside Services for use with the Services at that time.
2. How we use your information we collect
We may use your information we collect for the following purposes;
(a) to deliver goods and/or Services.
(b) to calculate and charge fees or compensation.
(c) to identify or to authenticate users.
(d) to have a questionnaire.
(e) to offer a prize or to run a campaign.
(f) to allot points or to exchange points.
(g) to do marketing survey, to have statistics and to analyze.
(h) to maintain system and to fix defects.
(i) to send important notices, such as communications about purchases and changes to our terms, conditions and policies.
(j) to deliver advertising and to track its result.
(k) to provide technical support and respond to user inquiries.
(l) to develop, deliver, maintain and improve our applications, websites, services, contents and advertising.
(m) to develop and deliver targeted advertising for our or third party's products and services.
(n) to prevent fraud or potentially illegal activities, and enforce our Terms of Use.
(o) to manage with the purposes set forth in each Service.
3. Sharing of You Information
We may share your information with third parties in the following circumstances:
(a) With Your Consent
We will share your information (in some cases personal information) with third party companies, organizations or individuals when we have your consent to do so.
(b) With Third Party Service Providers
We will provide your information to third party service providers who will perform services on our behalf, including payment processing, data analysis, e-mail delivery, hosting services, customer service or will assist us in our marketing efforts. We direct all such third party service providers to maintain the confidentiality of the information disclosed to them and to not use your information for any purpose other than to provide services on our behalf.
(c) With Outside Services for Linkage
We will provide your information to third party that provides account or authentication service (including but not limited to Facebook, Inc., Google, Inc. and Apple Inc.) to provide linkage with such service or authentication using such service.
(d) With Third Party Advertisers
We may share (i) certain technical information about your device (including IP addresses, MAC addresses for mobile devices and mobile device IDs), (ii) aggregated non-personally identifiable information, and (iii) anonymous information with third party advertisers. You agree that this information may be used by us or by the said third party advertisers to undertake user trend analyses, demographic profiling, and web analytics and to offer you behavioral targeted advertising.
(e) For Legal Reasons
It may be necessary by applicable law, regulation, legal process and/or requests from public and governmental authorities for us to disclose your personal information.
We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public interest, disclosure is necessary or appropriate.
We may also disclose your information if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users.
(f) Sale or Merger
In the event of a reorganization, merger or sale, we may transfer any and all personal information we collect to the relevant third party.
4. Protection of Personal Information
We take reasonable administrative, technical, and physical measures to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.
To make sure your personal information is secure, we communicate our privacy and security guidelines to our employees and strictly enforce privacy safeguards within the company.
5. Access to Personal Information
We use commercially reasonable efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if we are not required to retain it by law or for legitimate business purposes.
If that information is wrong, we make good faith efforts to give you ways to update it quickly or to delete it, unless we have to keep that information for legitimate business or legal purposes.
We may ask you to verify your identity before we can act on your request.
We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by applicable law.
6. Children
Our Services are not intended for children under the age of 13 in principle and we do not knowingly collect any personally identifiable information from such children. In the event that we learn that we have inadvertently gathered personally identifiable information from children under the age of 13 without their parents' consent, we will take reasonable measures to promptly erase such information from our records.
7. Deletion of Information
We will delete your information when we reasonably determine it is unnecessary for our Service operations.
8. Privacy Questions
If you have any questions or concerns about our Privacy Policy please contact us (privacypolicy@colopl.co.jp). However, if any policy or statement is set forth in each of applications or websites, the provisions of the policy or statement will prevail.
9. Changes to Privacy Policy
We may update this Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy. The changes to Privacy Policy will be applied to all use of Services after it is posted on our websites or in our applications.
Established on February 27, 2014.