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Effective Date: January 28th, 2020
Last Updated: January 28th, 2020
Terms of this Service Agreement (hereinafter referred to as "this Agreement") is for the "Dragon Fang" service operated and provided by Degica Co., Ltd. (hereinafter referred to as "Degica"), including the application that needs to be installed when using the "Dragon Fang" service (together referred to as this "Service" or "the Service(s)").
By using the Services, you ("Customer") agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, please do not use the Services.
The following terms used in this Agreement shall have the meaning as follows:
1. "Customer" refers to the user of the Service(s) provided under this Agreement.
2. "Account" refers to an account for each Customer to use the Service(s) that is linked with the ID for Steam issued by Valve Corporation to identify the Customer (“Steam ID”). A Customer may login its Account by using its Steam ID.
3. "Individual Service Agreement" refers to the terms and conditions which are presented to each Customer, in addition to this Agreement, under a name like "agreement," "guidelines" or "policy" and to which the Customer’s use of the Service(s) is also subject.
4. "Content" shall refer to the content that can be used, viewed and accessed through this Service, including but not limited to, text, audio, music, images, videos, software, programs, codes, Customers’ name, and other proprietary information.
5. A "Fee-based Service" refers to a service or Content that requires the payment of a usage fee by the Customer.
6. The "Game Currency," shall mean virtual currencies that may only be used exclusively within the Service(s).
7. "Game Items" shall mean virtual items that may only be used exclusively within the Service.
8. The "Service(s)" shall have the meaning provided above, and shall include any feature offered as part of this Service, including the Content, Game Items or Game Currency.
9. "System" means the server-based platform that is operating the Service(s).
1. The Customer’s use of this Service is subject to the Customer consenting to the terms and conditions of this Agreement and the Individual Service Agreement, and the Customer agrees to use this Service within the scope set forth by Degica in accordance with the terms and conditions set forth by Degica (e.g. age and usage environment).
2. In the event the Customer does not consent to this Agreement or the Individual Service Agreement, the Customer shall not be entitled to use this Service, and shall immediately cease downloading, installing or using this Service. In the event that the Customer has already installed the Service(s), the Customer shall uninstall the Service(s).
3. In the event that an Individual Service Agreement has been established in relation to this Service, the Customer shall use this Service in accordance with the provisions in the Individual Service Agreement in addition to this Agreement.
4. In the event that there is a discrepancy in the content of this Agreement and the Individual Service Agreement, the content set forth in the Individual Service Agreement shall be applied in preference.
5. The Customer shall obtain its Account or access the Service(s) with prior consent of a person with parental authority for the Customer if the Customer is a minor.
1. Degica reserves the right to amend this Agreement and/or the Individual Service Agreement (i) in the event that Degica considers any amendments need to be made for legal reasons including any changes in law, (ii) due to technical necessity, (iii) in order to maintain company operations, (iv) if amendments need to be made due to currency conversion and/or (v) for the benefit of the user.
2. Degica shall inform the registered Customers about the proposed amendment via its website, in-game messages or email.
3. Once the amendment becomes effective, the objecting Customer must immediately cease downloading, installing and using this Service. In the event the objecting Customer has already installed this Service, the Customer shall uninstall this Service.
4. If the Customer does not expressly object to an amendment of this Agreement or the Individual Service Agreement or if he or she uses the Service(s) again after the amended terms and conditions become effective, it shall be deemed that the Customer consents to this Agreement or the Individual Service Agreement as amended.
Degica shall handle the personal information obtained from the Customer in accordance with the "Privacy Policy", as set forth separately by Degica.
1. The Service(s) are provided for the Customer’s enjoyment, and unless otherwise specified, solely for the Customer’s own personal use. Degica hereby grants the Customer a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the intellectual property rights in the Service(s) and any game or Content included thereunder for the Customer’s own non-commercial entertainment purposes, subject to his or her complete compliance with this Agreement. Customer acknowledges that the time spent on or using the Service(s) including without limitation on any underlying game or Content is solely for his or her personal entertainment purposes, and that no monetary value can be attributed to such time and that, but for the license granted herein, Customer is not entitled under the law to use or have access to the Service(s) and/or the Content.
2. As between the parties, Degica or a third party who has granted licenses to Degica shall own all rights and titles in and to (i) the Content, including the text, software, images, programs, trademarks, logos, and any other features of the Content that is part of the Service(s), and (ii) all code, programming and any associated patent or proprietary rights related to the Service(s) or the underlying game. This Agreement shall not transfer or grant any rights (e.g. intellectual property rights) relating to this Service to the Customer other than the right to access and use the Service(s) set out in Article 5(1). Customer acknowledges that Degica’s intellectual property contained in the Content and the Service(s) are valid and protected in all media existing now or later developed in the future, and acknowledges that Customer does not acquire any ownership rights in or to this intellectual property.
3. Degica does not grant the Customer any other express or implied rights or licenses in or to the Service(s) and/or the Content. Except as expressly set forth in this Agreement, the Customer may not modify, copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, Content without Degica’s express prior written permission.
4. Degica reserves the right to modify, amend and update the Content and the Service(s) at any time and for any reason. The Customer agrees that Degica will not be liable to him or to her or to any third party for any such modification, suspension, or termination.
5. Degica reserves the right to set, create and change at its discretion the specifications, rules, design, audiovisual expressions, effects, parameters, scenarios and all other matters in the Content and the Service(s).
1. Degica reserves the right to change, suspend or terminate at its discretion the Service(s) and all the services provided using this Service.
2. If this Service is terminated under the preceding paragraph, the Account and the play data of the Customer in this Service shall be deleted at the same time as the Service(s) are terminated.
3. The Customer shall not be entitled to a refund, return or other repayment in circumstances where there has been a cancelation by the Customer of the Fee-based Services other than to the extent that any such refund, return or other repayment is required by applicable laws/regulations.
4. CUSTOMER AGREES THAT DEGICA HAS NO OBLIGATION TO EXCHANGE GAME CURRENCY OR GAME ITEMS FOR ANYTHING OF VALUE. IF CUSTOMER’S ACCOUNT AND THE PLAY DATA, INCLUDING THE GAME CURRENCY AND GAME ITEMS OBTAINED BY THE CUSTOMER, ARE DELETED, OR SUSPENDED, SUCH GAME CURRENCY AND GAME ITEMS SHALL HAVE NO VALUE. Neither Game Items nor Game Currency may be transferred, licensed or sold.
5. Degica reserves the right to charge fees for (or to provide at no-charge or for promotion) the right to use Game Currency or Game Items and Degica may take action that impacts the perceived value of or pricing of any Game Currency.
6. All purchases of Game Currency are final and will not be refundable, transferable or exchangeable under any circumstances other than to the extent that any such refund or other repayment is required by applicable laws/regulations.
7. Degica has the right to modify or eliminate Game Currency and/or Game Items as it sees fit and in its sole discretion, and it will only be liable to Customer for the exercise of such rights in cases of willful misconduct and gross negligence. In addition, if Degica suspects that any Game Currency is obtained fraudulently or by unauthorized means, it has the right to debit Customer’s outstanding amounts of Game Currency for an amount equivalent to the value of such Game Currency and to terminate, modify or suspend Customer’s Account.
8. Customer is solely responsible for maintaining the confidentiality of its Steam ID and password and all access to and use of its Game Currency or Game Items.
9. As between the parties, the Customer shall bear all liability and responsibility for any acts performed in this Service through Customer’s Steam ID and password.
1. The costs pertaining to the purchase, introduction and maintenance of the device, the communication fees and all other expenses necessary when using this Service shall be borne by the Customer.
2. Degica may change the price for functions that are free or fee-based in this Service at its discretion. Degica shall inform the Customer prior to these changes. CUSTOMER ACKNOWLEDGES AND AGREES THAT HE OR SHE IS FULLY LIABLE FOR ALL FEES AND CHARGES INCURRED OR MADE THROUGH HIS OR HER ACCOUNT AND THAT THERE ARE NO REFUNDS FOR FEES AND CHARGES INCURRED OR MADE THROUGH CUSTOMER’S ACCOUNT.
3. The Customer hereby acknowledges and consents to the fact that it may no longer be possible to use part or all of this Service if he/she does not consent to changes to the price for functions.[/list]
1. It shall be possible to use this Service (except Fee-based Services) for free, but the Customer may decide to use additional Fee-based Services.
2. Fee-based Services can only be used as long as the Service(s) are provided. After termination of the Service(s), the Customer cannot continue to use any Fee-based Services.
3. The pricing of the Fee-based Services shall be described in each sales location. The price for the desired Fee-based Services will appear in US dollars. Degica or a settlement agency will have the right to amend or change the prices prospectively. If a price determined by Degica or a settlement agency is amended, the amended price shall be displayed.
4. Customers can purchase Fee-based Services by selecting the desired Fee-based Services, selecting the desired payment method and pressing the relevant button to confirm their intention to purchase the Fee-based Service, and thus concluding the order process.
5. The payment options may vary according to the Customer’s country and the technical feasibility of the payment options available in the market.
6. The payment funds will be collected via the respective platform (as specified at the point of purchase). Customers shall be subject to provisions provided by the platform.
7. Statutory interest shall accrue in instances of default.
8. The Customer shall not be able to sell or transfer items obtained in a Fee-based Services to anyone including another Customer.
9. If a minor uses this Service, as noted above, the consent of a person with parental authority for the minor (including their consent to this Agreement, to the paragraphs in this article and to the Individual Service Agreement) shall be required in order for the minor to use this Service and to use or to purchase any Fee-based Services.
1. The Customer shall not commit any of the following acts in this Service. In addition, the Customer is prohibited from instructing, instigating or coercing a third party to commit such acts.
I. Using the Service(s) in a manner that violates this Agreement or violates any applicable law or regulation.
II. Committing fraud (including computer fraud), obstructing business or intentionally interfering with the Service(s) or fair play, making unauthorized access, bullying, distributing pornographic or inappropriate images, committing other illegal acts, and acts that lead, or may lead to a violation of a law.
III. Infringing the ownership rights and other property rights, including but not limited to the copyright, publicity rights, other intellectual property rights, image rights and other personal rights of Degica or a third party.
IV. Making discriminatory slanderous, libelous (or otherwise defamatory) or offensive statements.
V. Posting, writing or uploading any content that includes expressions or contents which harass, degrade, abuse or give unpleasant feelings to a third party.
VI. Posting, writing or uploading violent or grotesque content, such as violent or grotesque photographs.
VII. Stalking, relentlessly pursuing, sending large volumes of messages or other similar acts contrary to the will of other Customers in a manner which harasses or intimidates them.
VIII. Posting links to adult sites, dating sites and similar, and attempting to induce encounters with another person.
IX. Acquiring, disclosing, falsifying or leaking (or committing acts that may result in the acquisition, disclosure, falsification or leak of) information that can identify individuals (e.g. names, titles, telephone numbers, e-mail addresses and addresses), non-public information, trade secrets or confidential information without the permission of the rights holder or the person, company or group to which the information relates.
X. Impersonating Degica or a third party, and registering or posting false information.
XI. Committing unauthorized access or acts that mislead.
XII. Advertising, announcing, soliciting for and carrying out transactions in pyramid schemes, multi-level marketing systems, network businesses and other transactions similar to a chain structure related to the Service(s) or Content.
XIII. Committing acts which relate to the Service(s) or Content and are intended to make a profit without the consent of Degica.
XIV. Trading in the Game Currency, Game Items and similar for profit in real-world cash, property or other assets (so-called "real money trade") or all preparatory acts, including inducing another to trade, making offers to trade or accepting offers to trade, regardless of whether such actions occur inside or outside this Service.
XV. Acquiring in an unauthorized manner the various contents provided by Degica through this Service (including but not limited to contents and items provided in the Fee-based Services), hereinafter referred to as "In-service Content", or committing acts that facilitate the unauthorized acquisition of In-service Content.
XVI. Transferring to a third party or allowing a third party to use an Account, In-service Content, or part or all of the rights and benefits available to the Customer in this Service in exchange for cash or other assets, and advertising, announcing or soliciting such exchanges.
XVII. Providing links with the intention of promoting an act which is prohibited under this paragraph.
XVIII. Committing other, equivalent or similar acts which are judged to be inappropriate by Degica
2. The Customer shall not commit any of the following acts, or similar acts, which may hinder the operation of this Service or disturb its operation, whether such acts are committed inside or outside of this Service. In addition, the Customer is prohibited from instructing, instigating or coercing a third party to commit such acts.
I. Attempting to use (in a manner that is not authorized), operate or change the data in the System.
II. Using the Service(s) in a manner that (i) overburdens the System, (ii) sends anything that contains a virus or other code intended to do harm, (iii) uses a bot or script to scrape the Service(s) or Content, or (iv) uses any game cheat or hack.
III. Replicating, transmitting, transferring, renting, translating, adapting or altering this Service or combining this Service with other software.
IV. Deleting or changing the copyright notices attached to this Service or other rights notices.
V. Using, creating, distributing and selling external tools that have an impact on this Service.
VI. Transmitting identical or similar message to a large number of Customers or transmitting messages multiple times to any individual Customer (unless permitted by Degica).
VII. Exchanging the right to use the Service(s), or any Content, or any of the rights contained in the Service(s) (or Content) for cash, property, labor or other economic benefit or transferring, sublicensing or otherwise disposing of such rights (except in a manner which is permitted by Degica).
VIII. Committing acts that interfere with the System used as part of this Service.
IX. Using the Account of another Customer without authorization.
X. Claiming to be, hinting to be or impersonating or otherwise suggesting an affiliation with Degica, an affiliate company or a related person.
XI. Possessing multiple Accounts or sharing an Account between multiple people without the consent of Degica.
XII. Accessing this Service with a Device that has been modified (e.g. rooted or jailbroken).
XIII. Altering, damaging, disassembling, decompiling or reverse engineering this Service.
XIV. Making unreasonable inquiries or requests to Degica (e.g. unnecessarily repeating a question or similar questions).
XV. Committing any other equivalent or similar act that interferes with, hinders or damages, or may interfere with, hinder or damage the operation of this Service by Degica or the use of this Service by another Customer.
3. If Degica suspects that the Customer has committed, or may commit, a prohibited act, the Customer admits to committing a prohibited act or Degica determines the Customer’s use of this Service is inappropriate, Degica shall reserve the right to take the following measures.
I. Requesting that the Customer stops the prohibited act and does not undertake a similar act.
II. Revoking items or similar acquired by the Customer and taking other punitive measures in this Service.
III. Stopping part or all of the Customer’s use of this Service.
IV. Stopping or deleting the Customer’s Account.
V. Revoking the rights obtained through prohibited acts.
VI. Disclosing inside and outside this Service the relevant facts of the prohibited acts, including making a report to the police or another public agency in a criminal case, administrative case or other case that may correspond to this.
VII. Taking other equivalent measures determined by Degica to be necessary and appropriate.
4. Degica shall reserve the right not to provide services, including this Service, to a Customer whose Account has been deleted under the preceding paragraph (IV). Degica may store personal information to the extent necessary to take such measures.
1. The information and materials provided on or through the Service(s), including without limitation, Game Currency, Game Items, Content and any other data, text, pictures, graphics, audio, video, icons, games, software, and upgrades for use in games or on or through the Service(s) ARE PROVIDED "AS IS". The Customer shall use this Service under his/her own responsibility and judgment. Degica provides no guarantees in regards to the precision, completeness, accuracy, validity, applicability, usefulness or availability of this Service. Moreover, Degica shall provide no guarantees in regards to suitability of this Service for use by the Customer or on the device used by the Customer (including recommended devices and devices indicated as having the recommended environment within this Service).
2. Degica provides no guarantee that it will be possible for the Customer to access or use this Service at the time or place of the Customer’s choosing or, that this Service shall be without interruption and error.
3. Degica provides no guarantees in regards to products and services provided by a third party in relation to the use of this Service (for example, Degica will not be liable for any inability to any unavailability of the services provided by Steam even if, as a result, the Services are unavailable).
1. DEGICA’S SERVICES AND THE CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DEGICA AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. DEGICA AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT THE CUSTOMER’S USE OF THE SERVICES AND THE CONTENT, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES, WILL BE UNINTERRUPTED, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. NO OPINION, ADVICE OR STATEMENT OF DEGICA OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE IN ASSOCIATION WITH THE SERVICES OR CONTENT, SHALL CREATE ANY WARRANTY. DEGICA SHALL BEAR NO LIABLITIES FOR DAMAGES TO THE CUSTOMER OR A THIRD PARTY UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES.
2. DEGICA SHALL NOT, UNDER ANY CIRCUMUSTANCES, PROVIDE A RETURN OR REFUND FOR THE CONVENIENCE OF THE CUSTOMER OF MONEY THAT HAS BEEN PAID BY THE CUSTOMER OTHER THAN TO THE EXTENT THAT SUCH A RETURN OR REFUND IS REQUIRED BY APPLICABLE LAW/REGULATIONS.
3. DEGICA SHALL NOT, UNDER ANY CIRCUMUSTANCES, BEAR RESPONSIBILITY FOR DAMAGES IN REGARDS TO ANY DAMAGE SUFFERED AS A RESULT OF THE CUSTOMER APPLYING ALTERATIONS, MODIFICATIONS OR TECHNICAL CHARACTERISTICS TO THE HARDWARE OR SOFTWARE OF HIS/HER DEVICE AND THEN NOT BEING ABLE TO PROPERLY USE THIS SERVICE. IN ADDITION, DEGICA SHALL HAVE NO RESPONSIBILITY TO PROVIDE ANY HELP OR ASSISTANCE TO REINSTATE THE USE OF THIS SERVICE IN SUCH AN EVENT.
4. DEGICA SHALL NOT, UNDER ANY CIRCUMUSTANCES, BEAR RESPONSIBILITY FOR ANY DAMAGES SUFFERED AS A RESULT OF THE CUSTOMER PERSONALLY LOSING OR FORGETTING HIS/HER REGISTERED INFORMATION. IN ADDITION, DEGICA SHALL PROVIDE ABSOLUTELY NO HELP TO REINSTATE THE USE OF THIS SERVICE IN SUCH AN EVENT. THE SAME SHALL ALSO APPLY IN THE EVENT THE CUSTOMER LOSES HIS/HER REGISTERED INFORMATION DUE TO UNAUTHORIZED USE, LOSS, THEFT, FAILURE OR ANY OTHER REASON IN REGARDS TO THE DEVICE HE/SHE USES IN THIS SERVICE. DEGICA SHALL RESPOND TO INQUIRIES, IDEAS FOR IMPROVEMENT, OTHER SUGGESTIONS AND FEEDBACK FROM THE CUSTOMER PERTAINING TO THIS SERVICE UNDER ITS OWN DISCRETION AND JUDGMENT WITHOUT OBLIGATION TO PROVIDE A REPLY OR ANY KIND OF SUPPORT. DEGICA MAY PROVIDE SUPPORT TO THE CONTENT OF INQUIRIES, IDEAS, SUGGESTIONS, FEEDBACK AND SIMILAR FROM THE CUSTOMER. HOWEVER, THIS SHALL NOT BE INTERPRETED AS AN OBLIGATION TO PROVIDE INDIVIDUAL ANSWERS, REPORTS OR FINANCIAL COMPENSATION TO THE CUSTOMER.
5. DEGICA SHALL NOT, UNDER ANY CIRCUMUSTANCES, BEAR RESPONSIBILITY TO REPAIR BUGS OR SIMILAR IN THIS SERVICE AND SHALL BEAR NO OBLIGATION TO REFORM OR IMPROVE THIS SERVICE.
6. DEGICA SHALL NOT, UNDER ANY CIRCUMUSTANCES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS). UNDER ANY CIRCUMUSTANCES, THE MAXIMUM LIABILITY TO DEGICA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY THE CUSTOMER TO DEGICA IN THE PRECEDING TWELVE (12) MONTHS.
1. Degica may revoke the Customer’s license and terminate the Customer’s access to and use of the Service(s) and the Account for any violation of this Agreement and may delete Customer’s Account, Game Currency, and any Game Items associated therewith. If Degica revokes the Customer’s license and terminates the Customer’s access to and use of the Service(s) and the Account, Degica will not have any liability to the Customer for any time spent by the Customer, any Game Currency, and/or Game Items. If the Customer terminates this Service, all outstanding financial obligations owed by the Customer to Degica shall be fulfilled immediately by the Customer. If Customer dies, his or her Account will be deleted.
2. Degica shall bear no obligation to retain any information of a Customer or Account if the Customer’s Account has been deleted.
1. The Customer agrees to reimburse Degica for all damages resulting from the Customer’s violation of this Agreement. The Customer releases Degica from any third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that third parties may incur as a result of or arising from any allegation that the Customer violated this Agreement or violated any law or regulation, or violated a third party’s proprietary or intellectual property right. This provision does not apply if the Customer is not responsible for the infringement.
2. DEGICA ASSUMES NO LIABILITY FOR INTERRUPTIONS WITHIN THE NETWORK.
3. NO COMMUNICATION OF ANY KIND BETWEEN THE CUSTOMER AND DEGICA CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
4. Notice for California Users. Under California Civil Code Section 1789.3, California Websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service(s) of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
The Customer shall not assign, transfer, pledge or otherwise dispose of any rights or obligations pertaining to the use of this Service to a third party.
1. Except as described in Article 18, if any part of this Agreement or the Individual Service Agreement is or becomes invalid or unenforceable, the rest of this Agreement and the Individual Service Agreement shall continue to apply and be binding and any invalid or unenforceable term will be substituted with a valid and enforceable term that reflects Degica’s intent as closely as possible.
2. This Agreement and the Individual Service Agreement comprise the entire agreement between the parties relating to the subject matter, and (except in the case of fraud or made a fraudulent misrepresentation) supersedes all prior understandings of the parties relating to the subject matter of this Agreement and/or the Individual Service Agreement, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between the parties.
3. If Degica does not enforce a provision of this Agreement or the Individual Service Agreement, it shall not be interpreted that DEGICA has waived Degica’s right to do so later. And, if Degica expressly waives a provision of this Agreement or the Individual Service Agreement, it does not mean that the provision is waived indefinitely. Any waiver must be in writing and signed by both parties to be legally binding.
Degica is not liable for any failure to perform its obligations hereunder due to external, unforeseeable and irresistible circumstances, such as changes or problems caused by natural disasters, 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.
Before bringing a formal legal case, the Customer should contact Degica’s Customer Support team. Most disputes can be resolved that way. This Agreement shall be governed in all respects by the laws of Japan. The Customer agrees that any claim or dispute the Customer may have against Degica must be resolved exclusively by Tokyo District Court in Japan. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisions of the country in which the user resides shall remain unaffected by this choice of law.
Last Updated: January 28th, 2020
Terms of this Service Agreement (hereinafter referred to as "this Agreement") is for the "Dragon Fang" service operated and provided by Degica Co., Ltd. (hereinafter referred to as "Degica"), including the application that needs to be installed when using the "Dragon Fang" service (together referred to as this "Service" or "the Service(s)").
By using the Services, you ("Customer") agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, please do not use the Services.
Article 1 Definitions
The following terms used in this Agreement shall have the meaning as follows:
1. "Customer" refers to the user of the Service(s) provided under this Agreement.
2. "Account" refers to an account for each Customer to use the Service(s) that is linked with the ID for Steam issued by Valve Corporation to identify the Customer (“Steam ID”). A Customer may login its Account by using its Steam ID.
3. "Individual Service Agreement" refers to the terms and conditions which are presented to each Customer, in addition to this Agreement, under a name like "agreement," "guidelines" or "policy" and to which the Customer’s use of the Service(s) is also subject.
4. "Content" shall refer to the content that can be used, viewed and accessed through this Service, including but not limited to, text, audio, music, images, videos, software, programs, codes, Customers’ name, and other proprietary information.
5. A "Fee-based Service" refers to a service or Content that requires the payment of a usage fee by the Customer.
6. The "Game Currency," shall mean virtual currencies that may only be used exclusively within the Service(s).
7. "Game Items" shall mean virtual items that may only be used exclusively within the Service.
8. The "Service(s)" shall have the meaning provided above, and shall include any feature offered as part of this Service, including the Content, Game Items or Game Currency.
9. "System" means the server-based platform that is operating the Service(s).
Article 2 Consent to the Agreement
1. The Customer’s use of this Service is subject to the Customer consenting to the terms and conditions of this Agreement and the Individual Service Agreement, and the Customer agrees to use this Service within the scope set forth by Degica in accordance with the terms and conditions set forth by Degica (e.g. age and usage environment).
2. In the event the Customer does not consent to this Agreement or the Individual Service Agreement, the Customer shall not be entitled to use this Service, and shall immediately cease downloading, installing or using this Service. In the event that the Customer has already installed the Service(s), the Customer shall uninstall the Service(s).
3. In the event that an Individual Service Agreement has been established in relation to this Service, the Customer shall use this Service in accordance with the provisions in the Individual Service Agreement in addition to this Agreement.
4. In the event that there is a discrepancy in the content of this Agreement and the Individual Service Agreement, the content set forth in the Individual Service Agreement shall be applied in preference.
5. The Customer shall obtain its Account or access the Service(s) with prior consent of a person with parental authority for the Customer if the Customer is a minor.
Article 3 Changes to the Agreements and Disclaimers
1. Degica reserves the right to amend this Agreement and/or the Individual Service Agreement (i) in the event that Degica considers any amendments need to be made for legal reasons including any changes in law, (ii) due to technical necessity, (iii) in order to maintain company operations, (iv) if amendments need to be made due to currency conversion and/or (v) for the benefit of the user.
2. Degica shall inform the registered Customers about the proposed amendment via its website, in-game messages or email.
3. Once the amendment becomes effective, the objecting Customer must immediately cease downloading, installing and using this Service. In the event the objecting Customer has already installed this Service, the Customer shall uninstall this Service.
4. If the Customer does not expressly object to an amendment of this Agreement or the Individual Service Agreement or if he or she uses the Service(s) again after the amended terms and conditions become effective, it shall be deemed that the Customer consents to this Agreement or the Individual Service Agreement as amended.
Article 4 Handling of Personal Information
Degica shall handle the personal information obtained from the Customer in accordance with the "Privacy Policy", as set forth separately by Degica.
Article 5 Limited License of Rights (e.g. Intellectual Property)
1. The Service(s) are provided for the Customer’s enjoyment, and unless otherwise specified, solely for the Customer’s own personal use. Degica hereby grants the Customer a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the intellectual property rights in the Service(s) and any game or Content included thereunder for the Customer’s own non-commercial entertainment purposes, subject to his or her complete compliance with this Agreement. Customer acknowledges that the time spent on or using the Service(s) including without limitation on any underlying game or Content is solely for his or her personal entertainment purposes, and that no monetary value can be attributed to such time and that, but for the license granted herein, Customer is not entitled under the law to use or have access to the Service(s) and/or the Content.
2. As between the parties, Degica or a third party who has granted licenses to Degica shall own all rights and titles in and to (i) the Content, including the text, software, images, programs, trademarks, logos, and any other features of the Content that is part of the Service(s), and (ii) all code, programming and any associated patent or proprietary rights related to the Service(s) or the underlying game. This Agreement shall not transfer or grant any rights (e.g. intellectual property rights) relating to this Service to the Customer other than the right to access and use the Service(s) set out in Article 5(1). Customer acknowledges that Degica’s intellectual property contained in the Content and the Service(s) are valid and protected in all media existing now or later developed in the future, and acknowledges that Customer does not acquire any ownership rights in or to this intellectual property.
3. Degica does not grant the Customer any other express or implied rights or licenses in or to the Service(s) and/or the Content. Except as expressly set forth in this Agreement, the Customer may not modify, copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, Content without Degica’s express prior written permission.
4. Degica reserves the right to modify, amend and update the Content and the Service(s) at any time and for any reason. The Customer agrees that Degica will not be liable to him or to her or to any third party for any such modification, suspension, or termination.
5. Degica reserves the right to set, create and change at its discretion the specifications, rules, design, audiovisual expressions, effects, parameters, scenarios and all other matters in the Content and the Service(s).
Article 6 Provision of Service
1. Degica reserves the right to change, suspend or terminate at its discretion the Service(s) and all the services provided using this Service.
2. If this Service is terminated under the preceding paragraph, the Account and the play data of the Customer in this Service shall be deleted at the same time as the Service(s) are terminated.
3. The Customer shall not be entitled to a refund, return or other repayment in circumstances where there has been a cancelation by the Customer of the Fee-based Services other than to the extent that any such refund, return or other repayment is required by applicable laws/regulations.
4. CUSTOMER AGREES THAT DEGICA HAS NO OBLIGATION TO EXCHANGE GAME CURRENCY OR GAME ITEMS FOR ANYTHING OF VALUE. IF CUSTOMER’S ACCOUNT AND THE PLAY DATA, INCLUDING THE GAME CURRENCY AND GAME ITEMS OBTAINED BY THE CUSTOMER, ARE DELETED, OR SUSPENDED, SUCH GAME CURRENCY AND GAME ITEMS SHALL HAVE NO VALUE. Neither Game Items nor Game Currency may be transferred, licensed or sold.
5. Degica reserves the right to charge fees for (or to provide at no-charge or for promotion) the right to use Game Currency or Game Items and Degica may take action that impacts the perceived value of or pricing of any Game Currency.
6. All purchases of Game Currency are final and will not be refundable, transferable or exchangeable under any circumstances other than to the extent that any such refund or other repayment is required by applicable laws/regulations.
7. Degica has the right to modify or eliminate Game Currency and/or Game Items as it sees fit and in its sole discretion, and it will only be liable to Customer for the exercise of such rights in cases of willful misconduct and gross negligence. In addition, if Degica suspects that any Game Currency is obtained fraudulently or by unauthorized means, it has the right to debit Customer’s outstanding amounts of Game Currency for an amount equivalent to the value of such Game Currency and to terminate, modify or suspend Customer’s Account.
8. Customer is solely responsible for maintaining the confidentiality of its Steam ID and password and all access to and use of its Game Currency or Game Items.
9. As between the parties, the Customer shall bear all liability and responsibility for any acts performed in this Service through Customer’s Steam ID and password.
Article 7 Fees and Expenses
1. The costs pertaining to the purchase, introduction and maintenance of the device, the communication fees and all other expenses necessary when using this Service shall be borne by the Customer.
2. Degica may change the price for functions that are free or fee-based in this Service at its discretion. Degica shall inform the Customer prior to these changes. CUSTOMER ACKNOWLEDGES AND AGREES THAT HE OR SHE IS FULLY LIABLE FOR ALL FEES AND CHARGES INCURRED OR MADE THROUGH HIS OR HER ACCOUNT AND THAT THERE ARE NO REFUNDS FOR FEES AND CHARGES INCURRED OR MADE THROUGH CUSTOMER’S ACCOUNT.
3. The Customer hereby acknowledges and consents to the fact that it may no longer be possible to use part or all of this Service if he/she does not consent to changes to the price for functions.[/list]
Article 8 Fee-based Services
1. It shall be possible to use this Service (except Fee-based Services) for free, but the Customer may decide to use additional Fee-based Services.
2. Fee-based Services can only be used as long as the Service(s) are provided. After termination of the Service(s), the Customer cannot continue to use any Fee-based Services.
3. The pricing of the Fee-based Services shall be described in each sales location. The price for the desired Fee-based Services will appear in US dollars. Degica or a settlement agency will have the right to amend or change the prices prospectively. If a price determined by Degica or a settlement agency is amended, the amended price shall be displayed.
4. Customers can purchase Fee-based Services by selecting the desired Fee-based Services, selecting the desired payment method and pressing the relevant button to confirm their intention to purchase the Fee-based Service, and thus concluding the order process.
5. The payment options may vary according to the Customer’s country and the technical feasibility of the payment options available in the market.
6. The payment funds will be collected via the respective platform (as specified at the point of purchase). Customers shall be subject to provisions provided by the platform.
7. Statutory interest shall accrue in instances of default.
8. The Customer shall not be able to sell or transfer items obtained in a Fee-based Services to anyone including another Customer.
9. If a minor uses this Service, as noted above, the consent of a person with parental authority for the minor (including their consent to this Agreement, to the paragraphs in this article and to the Individual Service Agreement) shall be required in order for the minor to use this Service and to use or to purchase any Fee-based Services.
Article 9 Prohibitions
1. The Customer shall not commit any of the following acts in this Service. In addition, the Customer is prohibited from instructing, instigating or coercing a third party to commit such acts.
I. Using the Service(s) in a manner that violates this Agreement or violates any applicable law or regulation.
II. Committing fraud (including computer fraud), obstructing business or intentionally interfering with the Service(s) or fair play, making unauthorized access, bullying, distributing pornographic or inappropriate images, committing other illegal acts, and acts that lead, or may lead to a violation of a law.
III. Infringing the ownership rights and other property rights, including but not limited to the copyright, publicity rights, other intellectual property rights, image rights and other personal rights of Degica or a third party.
IV. Making discriminatory slanderous, libelous (or otherwise defamatory) or offensive statements.
V. Posting, writing or uploading any content that includes expressions or contents which harass, degrade, abuse or give unpleasant feelings to a third party.
VI. Posting, writing or uploading violent or grotesque content, such as violent or grotesque photographs.
VII. Stalking, relentlessly pursuing, sending large volumes of messages or other similar acts contrary to the will of other Customers in a manner which harasses or intimidates them.
VIII. Posting links to adult sites, dating sites and similar, and attempting to induce encounters with another person.
IX. Acquiring, disclosing, falsifying or leaking (or committing acts that may result in the acquisition, disclosure, falsification or leak of) information that can identify individuals (e.g. names, titles, telephone numbers, e-mail addresses and addresses), non-public information, trade secrets or confidential information without the permission of the rights holder or the person, company or group to which the information relates.
X. Impersonating Degica or a third party, and registering or posting false information.
XI. Committing unauthorized access or acts that mislead.
XII. Advertising, announcing, soliciting for and carrying out transactions in pyramid schemes, multi-level marketing systems, network businesses and other transactions similar to a chain structure related to the Service(s) or Content.
XIII. Committing acts which relate to the Service(s) or Content and are intended to make a profit without the consent of Degica.
XIV. Trading in the Game Currency, Game Items and similar for profit in real-world cash, property or other assets (so-called "real money trade") or all preparatory acts, including inducing another to trade, making offers to trade or accepting offers to trade, regardless of whether such actions occur inside or outside this Service.
XV. Acquiring in an unauthorized manner the various contents provided by Degica through this Service (including but not limited to contents and items provided in the Fee-based Services), hereinafter referred to as "In-service Content", or committing acts that facilitate the unauthorized acquisition of In-service Content.
XVI. Transferring to a third party or allowing a third party to use an Account, In-service Content, or part or all of the rights and benefits available to the Customer in this Service in exchange for cash or other assets, and advertising, announcing or soliciting such exchanges.
XVII. Providing links with the intention of promoting an act which is prohibited under this paragraph.
XVIII. Committing other, equivalent or similar acts which are judged to be inappropriate by Degica
2. The Customer shall not commit any of the following acts, or similar acts, which may hinder the operation of this Service or disturb its operation, whether such acts are committed inside or outside of this Service. In addition, the Customer is prohibited from instructing, instigating or coercing a third party to commit such acts.
I. Attempting to use (in a manner that is not authorized), operate or change the data in the System.
II. Using the Service(s) in a manner that (i) overburdens the System, (ii) sends anything that contains a virus or other code intended to do harm, (iii) uses a bot or script to scrape the Service(s) or Content, or (iv) uses any game cheat or hack.
III. Replicating, transmitting, transferring, renting, translating, adapting or altering this Service or combining this Service with other software.
IV. Deleting or changing the copyright notices attached to this Service or other rights notices.
V. Using, creating, distributing and selling external tools that have an impact on this Service.
VI. Transmitting identical or similar message to a large number of Customers or transmitting messages multiple times to any individual Customer (unless permitted by Degica).
VII. Exchanging the right to use the Service(s), or any Content, or any of the rights contained in the Service(s) (or Content) for cash, property, labor or other economic benefit or transferring, sublicensing or otherwise disposing of such rights (except in a manner which is permitted by Degica).
VIII. Committing acts that interfere with the System used as part of this Service.
IX. Using the Account of another Customer without authorization.
X. Claiming to be, hinting to be or impersonating or otherwise suggesting an affiliation with Degica, an affiliate company or a related person.
XI. Possessing multiple Accounts or sharing an Account between multiple people without the consent of Degica.
XII. Accessing this Service with a Device that has been modified (e.g. rooted or jailbroken).
XIII. Altering, damaging, disassembling, decompiling or reverse engineering this Service.
XIV. Making unreasonable inquiries or requests to Degica (e.g. unnecessarily repeating a question or similar questions).
XV. Committing any other equivalent or similar act that interferes with, hinders or damages, or may interfere with, hinder or damage the operation of this Service by Degica or the use of this Service by another Customer.
3. If Degica suspects that the Customer has committed, or may commit, a prohibited act, the Customer admits to committing a prohibited act or Degica determines the Customer’s use of this Service is inappropriate, Degica shall reserve the right to take the following measures.
I. Requesting that the Customer stops the prohibited act and does not undertake a similar act.
II. Revoking items or similar acquired by the Customer and taking other punitive measures in this Service.
III. Stopping part or all of the Customer’s use of this Service.
IV. Stopping or deleting the Customer’s Account.
V. Revoking the rights obtained through prohibited acts.
VI. Disclosing inside and outside this Service the relevant facts of the prohibited acts, including making a report to the police or another public agency in a criminal case, administrative case or other case that may correspond to this.
VII. Taking other equivalent measures determined by Degica to be necessary and appropriate.
4. Degica shall reserve the right not to provide services, including this Service, to a Customer whose Account has been deleted under the preceding paragraph (IV). Degica may store personal information to the extent necessary to take such measures.
Article 10 Limitations
1. The information and materials provided on or through the Service(s), including without limitation, Game Currency, Game Items, Content and any other data, text, pictures, graphics, audio, video, icons, games, software, and upgrades for use in games or on or through the Service(s) ARE PROVIDED "AS IS". The Customer shall use this Service under his/her own responsibility and judgment. Degica provides no guarantees in regards to the precision, completeness, accuracy, validity, applicability, usefulness or availability of this Service. Moreover, Degica shall provide no guarantees in regards to suitability of this Service for use by the Customer or on the device used by the Customer (including recommended devices and devices indicated as having the recommended environment within this Service).
2. Degica provides no guarantee that it will be possible for the Customer to access or use this Service at the time or place of the Customer’s choosing or, that this Service shall be without interruption and error.
3. Degica provides no guarantees in regards to products and services provided by a third party in relation to the use of this Service (for example, Degica will not be liable for any inability to any unavailability of the services provided by Steam even if, as a result, the Services are unavailable).
Article 11 Disclaimers of Warranties
1. DEGICA’S SERVICES AND THE CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DEGICA AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. DEGICA AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT THE CUSTOMER’S USE OF THE SERVICES AND THE CONTENT, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES, WILL BE UNINTERRUPTED, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. NO OPINION, ADVICE OR STATEMENT OF DEGICA OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE IN ASSOCIATION WITH THE SERVICES OR CONTENT, SHALL CREATE ANY WARRANTY. DEGICA SHALL BEAR NO LIABLITIES FOR DAMAGES TO THE CUSTOMER OR A THIRD PARTY UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES.
2. DEGICA SHALL NOT, UNDER ANY CIRCUMUSTANCES, PROVIDE A RETURN OR REFUND FOR THE CONVENIENCE OF THE CUSTOMER OF MONEY THAT HAS BEEN PAID BY THE CUSTOMER OTHER THAN TO THE EXTENT THAT SUCH A RETURN OR REFUND IS REQUIRED BY APPLICABLE LAW/REGULATIONS.
3. DEGICA SHALL NOT, UNDER ANY CIRCUMUSTANCES, BEAR RESPONSIBILITY FOR DAMAGES IN REGARDS TO ANY DAMAGE SUFFERED AS A RESULT OF THE CUSTOMER APPLYING ALTERATIONS, MODIFICATIONS OR TECHNICAL CHARACTERISTICS TO THE HARDWARE OR SOFTWARE OF HIS/HER DEVICE AND THEN NOT BEING ABLE TO PROPERLY USE THIS SERVICE. IN ADDITION, DEGICA SHALL HAVE NO RESPONSIBILITY TO PROVIDE ANY HELP OR ASSISTANCE TO REINSTATE THE USE OF THIS SERVICE IN SUCH AN EVENT.
4. DEGICA SHALL NOT, UNDER ANY CIRCUMUSTANCES, BEAR RESPONSIBILITY FOR ANY DAMAGES SUFFERED AS A RESULT OF THE CUSTOMER PERSONALLY LOSING OR FORGETTING HIS/HER REGISTERED INFORMATION. IN ADDITION, DEGICA SHALL PROVIDE ABSOLUTELY NO HELP TO REINSTATE THE USE OF THIS SERVICE IN SUCH AN EVENT. THE SAME SHALL ALSO APPLY IN THE EVENT THE CUSTOMER LOSES HIS/HER REGISTERED INFORMATION DUE TO UNAUTHORIZED USE, LOSS, THEFT, FAILURE OR ANY OTHER REASON IN REGARDS TO THE DEVICE HE/SHE USES IN THIS SERVICE. DEGICA SHALL RESPOND TO INQUIRIES, IDEAS FOR IMPROVEMENT, OTHER SUGGESTIONS AND FEEDBACK FROM THE CUSTOMER PERTAINING TO THIS SERVICE UNDER ITS OWN DISCRETION AND JUDGMENT WITHOUT OBLIGATION TO PROVIDE A REPLY OR ANY KIND OF SUPPORT. DEGICA MAY PROVIDE SUPPORT TO THE CONTENT OF INQUIRIES, IDEAS, SUGGESTIONS, FEEDBACK AND SIMILAR FROM THE CUSTOMER. HOWEVER, THIS SHALL NOT BE INTERPRETED AS AN OBLIGATION TO PROVIDE INDIVIDUAL ANSWERS, REPORTS OR FINANCIAL COMPENSATION TO THE CUSTOMER.
5. DEGICA SHALL NOT, UNDER ANY CIRCUMUSTANCES, BEAR RESPONSIBILITY TO REPAIR BUGS OR SIMILAR IN THIS SERVICE AND SHALL BEAR NO OBLIGATION TO REFORM OR IMPROVE THIS SERVICE.
6. DEGICA SHALL NOT, UNDER ANY CIRCUMUSTANCES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS). UNDER ANY CIRCUMUSTANCES, THE MAXIMUM LIABILITY TO DEGICA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY THE CUSTOMER TO DEGICA IN THE PRECEDING TWELVE (12) MONTHS.
Article 12 Termination
1. Degica may revoke the Customer’s license and terminate the Customer’s access to and use of the Service(s) and the Account for any violation of this Agreement and may delete Customer’s Account, Game Currency, and any Game Items associated therewith. If Degica revokes the Customer’s license and terminates the Customer’s access to and use of the Service(s) and the Account, Degica will not have any liability to the Customer for any time spent by the Customer, any Game Currency, and/or Game Items. If the Customer terminates this Service, all outstanding financial obligations owed by the Customer to Degica shall be fulfilled immediately by the Customer. If Customer dies, his or her Account will be deleted.
2. Degica shall bear no obligation to retain any information of a Customer or Account if the Customer’s Account has been deleted.
Article 13 Indemnity and Limitation of Liabilities
1. The Customer agrees to reimburse Degica for all damages resulting from the Customer’s violation of this Agreement. The Customer releases Degica from any third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that third parties may incur as a result of or arising from any allegation that the Customer violated this Agreement or violated any law or regulation, or violated a third party’s proprietary or intellectual property right. This provision does not apply if the Customer is not responsible for the infringement.
2. DEGICA ASSUMES NO LIABILITY FOR INTERRUPTIONS WITHIN THE NETWORK.
3. NO COMMUNICATION OF ANY KIND BETWEEN THE CUSTOMER AND DEGICA CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
4. Notice for California Users. Under California Civil Code Section 1789.3, California Websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service(s) of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Article 14 Prohibition on the Transfer of Rights and Obligations
The Customer shall not assign, transfer, pledge or otherwise dispose of any rights or obligations pertaining to the use of this Service to a third party.
Article 15 Validity of This Agreement
1. Except as described in Article 18, if any part of this Agreement or the Individual Service Agreement is or becomes invalid or unenforceable, the rest of this Agreement and the Individual Service Agreement shall continue to apply and be binding and any invalid or unenforceable term will be substituted with a valid and enforceable term that reflects Degica’s intent as closely as possible.
2. This Agreement and the Individual Service Agreement comprise the entire agreement between the parties relating to the subject matter, and (except in the case of fraud or made a fraudulent misrepresentation) supersedes all prior understandings of the parties relating to the subject matter of this Agreement and/or the Individual Service Agreement, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between the parties.
3. If Degica does not enforce a provision of this Agreement or the Individual Service Agreement, it shall not be interpreted that DEGICA has waived Degica’s right to do so later. And, if Degica expressly waives a provision of this Agreement or the Individual Service Agreement, it does not mean that the provision is waived indefinitely. Any waiver must be in writing and signed by both parties to be legally binding.
Article 16 Force Majeure
Degica is not liable for any failure to perform its obligations hereunder due to external, unforeseeable and irresistible circumstances, such as changes or problems caused by natural disasters, 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.
Article 17 Governing Law and Jurisdiction
Before bringing a formal legal case, the Customer should contact Degica’s Customer Support team. Most disputes can be resolved that way. This Agreement shall be governed in all respects by the laws of Japan. The Customer agrees that any claim or dispute the Customer may have against Degica must be resolved exclusively by Tokyo District Court in Japan. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisions of the country in which the user resides shall remain unaffected by this choice of law.