TERMS OF USE

1Purpose

1.These Terms of Use (hereinafter referred to as “Terms”) govern the competition, cooperation, communications of users and such that are rendered possible with the functions available in social game applications, all subsidiary pages and other mobile applications developed and/or published by gloops Inc. (the website being www.gloops.com, http://gloops.com/en, and any other subsidiary webpages) (all such applications, pages and services hereinafter referred to collectively as “Services”) which are offered by gloops Inc. and its affiliates (hereinafter collectively the “Company”). Users (hereinafter referred to as “End-User”) should read (and understand) the Terms and use the Services in accordance with these Terms. Furthermore, the Company’s Privacy Policy (hereinafter referred to as “Privacy Policy”) is also incorporated into these Terms unless stated otherwise.
2. In using the Services, the End-User must abide by other rules and regulations, community guidelines and policies (hereinafter referred to collectively as “Rules”) decided and published by the Company. These rules are included as part of these Terms.
3. To view some of the Company’s Services, the Company recommends using the following web browsers:
・Microsoft Internet Explorer 8.0 (or higher)
・Firefox 10 (or higher)
・Google Chrome21 (or higher)
・Safari 5 (or higher)
Or, when browsing with the use of a smartphone or mobile device:
・Android2.3 (or higher)
・iOS5 (or higher)
Customers not meeting the system requirements may be unable to use or may experience trouble viewing the Company’s Services depending on browser settings.
Regarding JavaScript
Some of the Company’s Services make use of JavaScript. In the event that JavaScript is disabled in the End-User’s browser, the End-User may be unable to access or view properly some content on the Company’s Services. Please enable JavaScript in the browser options when viewing the Company’s Services. Refer to the help section of the End-User’s browser for more information about the settings.
Regarding Style Sheets
Some of the Company’s Services use Style Sheets. In the event that a Style Sheet is disabled in the End-User’s browser, the End-User may be unable to properly view some content on the Company’s Services. Please enable Style Sheets in the browser options when viewing some of the Company’s Services.

2Terms Modification

1. The Company reserves itself the right to update these Terms without obtaining the End-User’s consent. By continuing the use of the Company’s Services, the End-User will be deemed to have understood and consented to the Terms so modified.
2. Modifications to the Terms become effective from the time they are made available for the End-Users to view on the Terms of Use website.

3Representation and Warranty

1. The End-User represents and warrants that he or she does not fall under the categories of persons of limited capacity under applicable law, except for minors.
2. In the event that the End-User is a minor, the End-User must obtain the consent of his/her parent or legal guardian and use the Services under the control and supervision of such parent or legal guardian.

4Provision of Services by Third Parties

1. The Services may be offered through the platform provided by a third party. In this case, when using the Services, the End-User must not only abide by these Terms but also by the terms of use of the third party.
2. When using the Services, the End-User acknowledges that the End-User’s carrier may apply communication fees, excess broadband fees and such as those stated in their contract with the carrier. Those fees shall be paid properly by the End-User.

5Account Management

1. By using the Services, it may be required by a third party to create an account. The End-User assumes full responsibility for the strict control over his/her account and password and the management of his/her account.
2. Please contact the Company immediately at help@gloops.com if there is an illegal use or unauthorized access of the accounts offered by the Company. In this event, the End-User must provide the full, accurate and most recent information related to that account and other information as requested by the Company.

6Intellectual Property Rights

1. The Company and its partners’ respective names, logos, trademarks, service marks, and other intellectual properties (collectively “Trademarks and Such”) belong to the Company or its partners. The End-User has no rights over any material covered by the Trademarks and Such or over the licenses with respect thereto.
2. Any and all rights in all data, information, materials and other contents (collectively “Contents”) related to the Services belong to the Company. The Company grants the End-User a non-sublicenseable and revocable license to use the Contents for a non-exclusive and non-commercial purpose by the End-User. The End-User can only use the Contents for personal use and for no other purpose. Unless specifically provided in these Terms, the End-User may not copy, alter, or otherwise use the Contents for the purpose of publication, display, or performance thereof.
3. To protect the Contents of the Services, the Company may make use of watermarks and other techniques (collectively “Watermarks and Such”) and implement restrictions on the Content used by the End-User in whole or in part. The End-User is not to remove or change the Watermarks and Such in any way.
4. The End-User must not sell or donate the Services to a third party.
5. A license to use the Contents is granted on condition that they are used in accordance with these Terms, and such license shall be terminated simultaneously when these Terms are terminated. If the End-User violates any provision of these Terms, such End-User’s license shall be automatically revoked.
6. In the event that the license with respect to the Contents expires or these Terms are terminated, the End-User shall delete all copies of the Services and Content in his or her possession.

7Notification of Rights Infringement

1. In the event that the End-User becomes aware of any facts where another End-User or third party’s rights have been infringed with respect to the Services, such End-User should notify the Company at help@gloops.com.
2. Regardless of whether or not there is a notice pursuant to the above, the Company may take any necessary defensive measures regarding rights infringement with respect to the Services.

8Contribution Content

1. Each End-User guarantees that any content (“End-User Content”) uploaded, posted, created, made available, shared, or transmitted by such End-User through the Services (collectively “Posting”) does not infringe on the copyrights or other rights of a third party and is wholly owned the End-User alone.
2. The Company does not manage End-User Content and does not make any guarantee whatsoever with respect thereto. The Company may monitor the End-User Content on a non-regular basis but has no duty to do so. Also, the Company has no obligation to handle notifications from an End-User or third party regarding End-User Content.
3. The End-User grants to the Company a worldwide, royalty-free, irrevocable, transferrable, sublicenseable, unlimited and non-exclusive license for any media in respect of all End-User Content posted through the Services. The End-User also waives any moral right and such other rights in the End-User Content to the extent allowed under the law.
4. Even where End-User Content contains confidential information of the End-User, the Company is not responsible for protecting the same as confidential information. The Company has the authority to use and/or disclose (or not use and/or not disclose) End-User Content in the Company’s discretion without assuming any obligation. End-Users will not receive any compensation or payment in the event that the Company uses End-User Content.

9Prohibited Conduct

1. End-Users agree not to carry out or perform any of the following while using the Services:
(1) Perform any action that violates any applicable laws or these Terms (including, but not limited to, any illegal act, contract violation, copyright infringement, defamation, posting of obscene images, publication of documents and such, publicity rights infringement, or infringement of any third party rights);
(2) Perform any action hindering the use of the Services by other End-Users (including, but not limited to, threat, incitement, intimidation, harassment, stalking, privacy violation, or promotion of any such act);
(3) Soliciting or initiating unauthorized advertising, sales promotion, or any pyramid scheme, or any other unauthorized business conduct;
(4) Engage in any activity that falls under gambling, such as horse betting and raffles;
(5) Posting End-User Content which infringes intellectual property rights of a third party;
(6) Posting or submitting false information (such as fabricated personal information);
(7) Posting or submitting, to a computer or other hardware of End-Users, a third party, the Company or its partners, a virus or other computer code, file, program that obstructs, limits or destroys its functions (including, but not limited to, an attack or other similar act which would obstruct the operation of a business);
(8) Making use of a computer, device, software, application or tools which may enable improper acts, to exploit game features or alter the game (including, but not limited to, making all or part of the Services automated, changing figures, experiences points and the like);
(9) Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: is fraudulent, false, misleading or deceptive; is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any other person; or promotes illegal or harmful activities or substances;
(10) Impersonating or misrepresenting the End-User’s affiliation with any person or entity;
(11) Performing any action that exceeds the End-User’s access rights regarding any part of the Services, the Company or other third party’s database, computers or any device;
(12) Changing, erasing, or avoiding Watermarks and Such;
(13) Collecting and/or storing personal data of a third party;
(14) Making any changes to the Services;
(15) Collecting and/or storing (or attempting to collect and/or store) any Contents, End-User Content and such by means unavailable through the Services;
(16) Exploiting a system defect, bug or other similar actions; or
(17) Violating any applicable law or regulation.
2. In the event that the Company determines that an End-User has committed any of the above mentioned prohibited acts, the Company may render all or part of the Services unavailable to such End-User, and/or delete the End-User account of such an End-User without prior notice.

10SNS Linking and Game Platform Usage

1. End-Users understand that the Services and social networking services (Facebook, Google+, Twitter and others, hereinafter referred to as “SNS”) use a connectivity function (“SNS Link”) and may use a game platform for the Services (the SNS and game platform hereinafter referred to collectively as “SNS and Such”) and that information contained in SNS and Such is third party information which is not under the Company’s management. Information regarding SNS and Such is information contributed voluntarily by users of the SNS and Such, whether intentional or not, and such information could be inaccurate, false, deceptive, dishonest and even illegal. The Company bears no responsibility whatsoever regarding any messages, explanation, opinions, advice, and other remarks (“Speech and Such”) contributed through SNS and Such. The contributed Speech and Such constitute the personal opinion of the End-User, not that of the Company. The Company makes no guarantee whatsoever regarding the correctness and completeness thereof, and bears no responsibility whatsoever with respect to any damages suffered by any End-User who has relied on Speech and Such.
2. Please understand that any personal information published by one End-User by use of SNS and Such could be published or used by another End-User, and that, therefore, matters with respect to the End-User’s sharing of any personal information with SNS and Such is completely and solely the End-User’s responsibility.
3. The Company may monitor SNS and Such but has no obligation to do so. The End-User acknowledges and agrees that, to the extent permitted by law and regulation, the Company may, but has no obligation to, monitor, record or store Speech and Such, regardless of whether such Speech and Such is public or non-public, for the purpose of the needs of the operation of the Services and in order to protect the Company’s members and other customers or partners etc.

11Links

1. The Services may contain links to websites (including advertisement sites) which may or may not be managed by the Company (hereinafter referred to as “Links”). In such case, the Company is under no obligation to confirm the accuracy and integrity of the information to which the Link redirects and to provide any guarantee in respect of the contents of such information.
2. When using the Link and any information of such Link, it is the responsibility of the End-User to verify the terms of use and the contents of such Link, and to take all necessary security measures and precautions when using the website.

12Usage Fee

1. The End-User agrees to pay all the fees and applicable taxes (hereinafter referred to as “Usage Fees”) when making use of the paid Content provided by the Company. All Usage Fees appear in the Services, in the Services download page or the service site and elsewhere (hereinafter referred to as “Usage Fee Pages”).
2. The Company reserves itself the rights to make changes to the Usage Fees without any consent needed from the End-User. Modifications to the Usage Fees become effective from the time they are made available for the End-Users to view on the Usage Fee Pages.
3. The End-User may purchase additional items in order to further the End-User’s enjoyment of the Services. The End-User agrees that the End-User will pay all of the fees and applicable taxes the Company assesses on such purchase and that the Company shall not be obliged to provide a refund for any reasons. The End-User also acknowledges that the items cannot be exchanged for cash for any other goods or services.

13Settlement

1. The End-User must make all necessary payments by using the payment methods designated by the Company or a third party service.
2. When making payment as mentioned in the above section, the End-User must not use anyone else’s information. In the event that the End-User is a minor, it may be possible to make payment under the parent’s or legal guardian’s name after receiving authorization from the parent or legal guardian.
3. The Company will not refund any payment already completed or received for any reason whatsoever.
4. Except in the case of an intentional or grossly negligent act on the part of the Company, the Company is in no way responsible whatsoever with respect to any damage or loss suffered by an End-User due to a third party exploiting the End-User payment method.

14Regarding Virtual Items and/or Virtual Currency

1. The Company owns, has the license to, or otherwise has the rights to use all Company Content appearing or originating in the Services, including virtual items (“Virtual Items”) and virtual currency (“Virtual Currency”). However, the actual name of the Virtual Currency might be different depending on the game that is played. Accordingly, these provisions apply to all Virtual Items and Virtual Currency.
2. Unless specified otherwise, the End User cannot sell or transfer (or attempt to sell or transfer), within the Services, any Virtual Items or Virtual Currency. Those Virtual Items and Virtual Currency that cannot be purchased with “real world” money (“Tradable Items”) may be exchanged for other Tradable Items so long as no money or anything of monetary value is paid or given; any other purported or attempted exchange is strictly prohibited.
Virtual Items and Virtual Currency may never be redeemed by the End-User for “real world” money, goods, wares, merchandise, services, or anything of monetary value from the Company or any other person.
3. Unless specified otherwise, the Company does not refund Virtual Items or Virtual Currency.
4. Virtual Items and Virtual Currency will be deleted, regardless of the reason, when the End-User ends usage of Services or when the End-User loses the rights to use their account for the Services.
5. In addition to the preceding clauses, the immediately preceding article also applies to the Virtual Items and Virtual Currency mutatis mutandis.

15Disclaimer of Warranties

1. The Company provides the Services “as-is”, and the End-Users must use the Services at his/her own responsibility. To the extent permitted by laws and regulations, the Company does not warrant anything in respect of goods or services purchased by the End-User through the Services. This includes, without limitation, warranties either expressed or implied, such as the warranties of non-infringement, merchantability and fitness for a particular purpose.
2. The End-User has sole responsibility over the damages and losses that may occur with his or her device or computer while using the Company’s Services.
3. The Company does not guarantee any of the following:
(1) The Services satisfies the End-User requests;
(2) The Services will not be interrupted, operated in a secure manner on a timely basis or free from errors;
(3) The Company’s Services will generate accurate and reliable results;
(4) The goods and services sold or provided through the Services will meet the request for quality from an End-User; or
(5) There are no harmful components or viruses in the Company’s Services, servers, or communication services that the Company makes use of.
4. Unless otherwise explicitly stated in these Terms, the Company does not make any guarantees whatsoever regarding information acquired by End-Users while using the Company’s Services.

16Disclaimer

1. The End-User shall indemnify the Company and hold the Company harmless in connection with any third party claim for damages (including reasonable attorneys’ fees) resulting from the End-User’s rights infringement, contract violation, representation and warranty violation, or any other violation of the provisions of these Terms.
2. The End User shall indemnify the Company and hold the Company harmless in connection with any dispute which arises between the End-User and any other End-Users or any business operator relating to the Services (including, but not limited to, advertisement companies, website contractors, and other companies that offer applications linking with the Company’s Services (“Other End-Users and Such”)).

17Limitation on Compensation for Damages

1. To the extent permitted by applicable law and regulation, regardless of the existence of a notification to the End-User and for any reason, the Company shall not be liable with respect to damages that occur regarding any of the following items:
(1) Delay, rejection or cancellation of provision of Content;
(2) Changes to all or part of the Company’s Services or price revisions with respect thereto;
(3) Termination of the Company’s Services;
(4) The accuracy, usefulness and availability or the information provided by the Company’s Services;
(5) Safekeeping or deletion of the End-User Content;
(6) Any other trouble (including, but not limited to, any matter related to payment or distribution of the relevant service or product, or to the agreement in relation to such transaction, the transaction terms and conditions, policies, representation and warranties) that occurs with any Other End-User and Such.
2. The Company only bears responsibility for liability for direct damages suffered by the End-User regardless of the content of the claim. The Company bears no responsibility for indirect, special, incidental, consequential or contingent damages (including, but not limited to, loss of a business opportunity or loss of data), even if the Company has been notified beforehand of the possibility of the occurrence of such damages.
3. In any event, the maximum limit that the Company is liable to pay with respect to compensation of damages is the total amount of the Usage Fees that the End-User has actually paid to the Company during the period of three (3) months up to the date that the event that brought about said damages compensation liability occurred.
4. In the event of any intentional or grossly negligent act on the part of the Company, neither Clause 2 nor Clause 3 above will apply.

18Transfer of Rights and Obligations

1. The Company may transfer to any third party its position under these Terms and the rights and obligations pursuant to these Terms.
2. The End-User may not transfer any of its rights or obligations under these Terms to any third party without the written consent of the Company.

19Governing Law and Jurisdiction

1. These Terms are governed by the laws of Japan. Any dispute that arises out of or occurs in connection with the Services or these Terms is to be within the exclusive jurisdiction of the Tokyo District Court or Tokyo Summary Court (depending to the amount of the suit), as the court of first instance.
2. When filing a lawsuit based on these Terms, the End-User is barred from filing any suit where such filing does not occur within one (1) year from the date that the cause of such suit happened.

20Applying Regulations

1. The application of these Terms shall take precedence in the relationship between the Company and the End-Users with respect to the Services.

21End of Agreement

1. By communicating with the End-User through reasonable means (including, but not limited to, the notice function in the Services, or through an email, etc.), the Company reserves for itself the right to terminate a part or whole of the Service or the Terms by ending the Services at any time, regardless of the reason. If the Services are ended and these Terms are terminated, except where otherwise specially mentioned in these Terms, such ending and termination does not affect the Company’s rights in respect of disclaimer of warranty, disclaimer, damages limitation and disputes.
2. In the case of ending and termination, the End-User loses all rights to use the Services and the End-User Content. The Company does not have any obligations to transfer or assist in the transfer of data and End-User Content that may have been created by the use of the Services. Also, the Company has no obligation to save or delete the End-User data created by End-Users. Even in the event that End-User Content may have been erased from the active server, some End-User Content may remain in the archive. The Company has no obligation to keep the End-User Content active or to back it up. By using the Services, you acknowledge that the Company is not required to provide you with any prior notice before termination of the Terms or ending of the Services, and that, in the event of termination or ending, and subject to the sole discretion of the Company, no refund will be granted to you by the Company, no Virtual Currency or any Virtual Item will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to any Virtual Currency or Virtual Item associated with your use of the Services.
3. Even if the Services are ended and the Terms are terminated, Article 3, Article 5 Clause 1, Article 6, Article 8, Article 10, Article 11, Article 13 Clause 3, Article 14 Clauses 3, 4, and 5, and Articles 15 through 22 shall continue to apply.

22Miscellaneous Rules

1. Any non-enforcement by the Company of any right and obligations of the Terms shall not constitute a waiver of such rights and obligations unless so declared by the Company in a separate writing.
2. If any provision of the Terms is found invalid by any court with jurisdiction, such provision shall no longer be in effect, and the remaining provisions of these Terms shall continue to be fully effective.
3. The headings of the Articles of these Terms are inserted for convenience only and shall not legally or contractually affect the meaning or construction of any of the provisions hereof.