DMM.com

Terms of service

Article 1. General provisions

"Moomin Friends" Terms of Use ("Terms of Use") set out terms and conditions of the use of "Moomin Friends" ("Service", including its version updates, application software, user communication tools, external linking using the "share" function in Twitter, etc.) operated by EXNOA LLC &MEMORY Inc ("Company"). The user shall use the Service after agreeing to these terms.
In addition, this agreement corresponds to the fixed-term contract stipulated by Article 548-2 of the Civil Code.
Help, guide pages, and other elements related to the Service other than these Terms of Use shall also constitute part of these Terms of Use, and the user shall accept thta before using the Service.
Company has the right to amend these Terms of Use without prior or after-the-fact notice to the user, and the amended Terms of Use shall apply the moment they are written in the Service. By continuing to use the Service, the user agrees to the amended Terms of Use.
The Company may change this Agreement based on Article 548-4 of the Civil Code if it is necessary. We will inform the chaneg of the content on this agreement and the effective date via website, e-mail, push notification of application or other appropriate method until the effective date is expired.
 

 

Article 2. Registration and account

In order to use the Service, it is necessary to install it on a device such as smartphone ("Device") and complete registration. The Service cannot be used on devices other than those speficied by the Company separately.
When the user agrees to these Terms of Use, the Service agreement is executed, the registration is completed, and the Company will set up a user-specific environment ("Account"). The user can use the Service after registration is completed and the Account is set up.
If the user is under age, he/she should complete the registration upon obtaining consent from a parent or a guardian ("Legal Representative"), and the Company shall deem the application to have been obtained with the consent of the legal representative. In this case, it shall be deemed that the legal representative has agreed to all provisions of these Terms of Use. Also, in this case, only the user shall be able to use the Service.

Article 3. User information

Only the user shall use his/her account, data transfer code, ID and password ("User information") that are issued to the user in relation with the Service, and withhold them from the third party, or manage it in such a way so as it is not known to the third party.
The user shall be solely responsible for the management of his/her information.
User information shall not be shared to or used by the third party, and the use of this service by any other user is prohibited.
If the user finds that his/her user information has been used improperly, he/she shall immediately contact the Company and follow the Company's instructions.
The Company prohibits the same person from creating or holding multiple accounts, or registering on behalf of the third party.

Article 4. User's responsibilities

The user shall notify the Company immediately if he/she becomes aware of any bugs (including software bugs) or fraud related to the Service.
The user shall all expenses related to the use of the Service, such as communication costs required to receive the Service.

Article 5. User information

The Company shall manage any personal information obtained through the Service according to the Privacy Policy defined separately.

Article 6. Paid service

The user can purchase paid services (all services and contents provided by the Company for a fee when the user uses the Service, referred to below as "paid service") by the method specified by the Company.
If the user is under age, he/she shall purchase the paid service with the consent of a legal representative before applying for the purchase.
The Company doesn't return, exchange, or refund the paid service purchased by the user for any reason whatsoever.
The usage period shall be indefinite as long as the Service continues.
In case a dispute arises between the user and the settlement company over billing, the parties concerned shall resolve the dispute and shall not cause any inconvenience to the Company.
The user shall have the rights to use the paid service provided to him/her as part of the Service only within the scope specified in this service, regardless of the meaning of the words "to buy", "to purchase".
Among the paid services, the in-game currency "Ruby" is treated as a prepaid payment method in accordance with the Payment Services Act.
For other in-game currencies, contents, items, etc. that can be acquired by exchanging for paid "ruby", with that acquisition, it is assumed that goods or services related to the in-game currency, contents, items, etc. have been provided. This does not fall under the prepaid payment method stipulated by the Payment Services Act.

Article 7. Consent

All intellectual property and copyrights related to the Service shall belong to the Company, and the user shall only have these rights, regardless of the meaning of the words "to buy", "to purchase".

Article 8. Service data

The Company shall be able to handle the data registered/accumulated by the user ("Game data"), or the Service-related data ("Service data") held by the Company, in its own discretion based on reasonable judgment.
For some services that have a game data transfer function, it's possible to transfer account's game data. However, purchase information for some paid services may not be able to be transferred to a device that has a different OS than the original device.
All rights related to the service data belongs to the Company. The user shall not have any intellectual property rights or claims over the service data.
The Company shall be able to delete or modify service data without a prior notice to the user in any of the cases below;
In service data violates the prohibited matters specified in these Terms of Use or any other rules specified by the Company;
If it is judged that it will hinder the operational flow of the Service;
If it is judged that it is against public order and morals;
Or in other cases judged as necessary by the Company.
The Company shall also not bear any responsibility for its judgement to delete or modify service data as well as for the result of such action.
All intellectual property and copyrights related to the Service shall belong to the Company, and the user shall only have these rights, regardless of the meaning of the words "to buy", "to purchase".

Article 9. Change, suspension, discontinuation of the Service

The Company can change the contents of the Service without prior notice.
In below cases, the Company can suspend or discontinue the Service without prior notice to the user: When the maintenance of the Service or related equipment is performed If the operation of the Service is impossible due to an earthquake, flood, tsunami, blackout, war, conflict, riots, violence, unrest, labo dispute, etc.
In other cases when it's deemed necessary by the Company
The Company shall not be responsible for any loss incurred by the user if the contents of the Service are changed, suspended, or discontinuated due to the factors set forth here or due to other reasons.

Article 10. Service termination

The Company shall be able to terminate the Service by specifying a reasonable period of time and notifying the user of the termination of the Service.
The user shall lose any rights or qualifications associated with the Service the moment the Service is terminated.
Except when prescribed by law, the Company shall not make any returns, exchanges, or compensations following the termination of the Service.

Article 11. Gift policy

Regarding contents or gift campaigns held by the Company in relation to the Service (collectively referred to as "Gift policy"), the Company shall bear no responsibility if the user was unable to accept a delivered item because he/she gave the wrong address, if the item was undeliverable (including if the user fails to retrieve the item within a designated period), moving out to an unknown address, and other reasons not attributable to the Company. In this case, the user loses his/her right to receive the item.
According to the Gift policy, items can only be shipped inside Japan (excluding some territories such as remote islands).

Article 12. Prohibited items and disqualification

The user shall not do any of the following acts when using the Service:
[Impersonation]
When a person other than the user uses the Service from the user's account;
Using the Service pretending to be another user or a third party;
When the same person opens multiple accounts;
Pretending to be a member of the operation staff of the Service or a related person;
And other acts equivalent to the above.

[Improper use]
Registering or using the Service for commercial purposes;
The act of selling or reselling the rights as a user based on the Service to a third party, the transfer, loan, using as collateral, or pledge of such rights to a third party, or acts equivalent thereto, or the offer or solicitation of such act;
Exchanging items obtained through the Service in the real world using currency etc, or selling them on Internet auctions;
Acts aimed at obtaining improper profit through the Service or acts equivalent thereto;
Posting advertisements or other information aimed at promoting a good or service, regardless of whether undertaken for profit or non-profit purposes;
Posting links or URLs to sites and pages other than those permitted by the Company;
Acts aimed at contacting other users beyond the Service, e.g. for the purpose of meeting, or acts equivalent thereto;
Political or religious activities, or similar actions;
Applying for a gift with the purpose of reselling it;
Or other acts equivalent to the above.

[Improper access or use of the system]
Attempting to access the Service in an unauthorized manner, such as through a special program;
Purposefully making use of Service bugs, or revealing those bugs to a third party without due cause;
Modification of programs related to the Service, reverse engineering, analysis, creation, distribution, and use of utilities, etc.
Attemps to infect with malicious programs such as computer viruses;
Putting a load on the Company servers or other systems;
Or other acts equivalent to the above.

[Infringement of rights]
Collecting or attempting to collect third party's personal information or other secret information ("Personal information"), regardless of means or location;
Displaying third party's personal information, regardless of means or location;
Using third party's personal information, regardless of means or location;
Displaying information including false, inaccurate or misleading content, regardless of means or location;
Infringing on intellectual rights or other legal rights of the Company or a third party, third party's portrait right, privacy or publicity, or threatening to do so;
Acts that contain slander, insult, or damage the honor or reputation of the Company or a third party;
Abuse or harrassment towards a third party;
Or other acts equivalent to the above.

[Antisocial acts]
Acts that violate laws and regulations;
Acts that violate public order and morals;
Criminal acts, or acts that announce or encourage such acts;
Displaying words or images that general users find offensive;
Expressions that are recognized as discrimination based on race, gender, place of origin, age, etc.
Expressions that are perceived as indicent or obscene, whether done for artistic or any other reason;
Expressions that seek, remind, or encourage child pornography or child prostitution;
Expressions that are deemed to have an adverse effect on minors;
Registering words on the Service that the Company judge to violate public order and morals, or to be vulgar;
Or other acts equivalent to the above.

Article 13. Health concerns

It is recommended that the user spends reasonable amounts of time using the Service, so as not to damage his/her quality of life with excessive use.
The Company shall not be responsible for any social, physical, or mental damages incurred by the user while using the Service.

Article 14. Disclaimers

The Company doesn't guarantee that game data is stored correctly, or in case the Service has a function to transfer game data, that such data is transferred properly.
The Company is not obliged to restore game data that became unaccessible due to a loss of user information, or because the user uninstalled the app for the Service from his/her device, or due to the loss or damage to the device, and the Company will not be liable for any damage or disadvantage caused to the user.
If user's personal information is used by a third party which results in damage to the user or the third party, the Company is not responsible for any such damage.
The Company does not make any guarantees about the accuracy and usefulness of the contents of the Service, or the information provided to or recorded by the user.
The Company does not guarantee that the information provided in the Service is complete and accurate.
In the event of a dispute with another user or a third party in connection with the use of the Service, the user shall resolve it at his/her own risk and expense, and the Company shall bear no responsibility.
The Company does not guarantee that there will be no errors, bugs, etc. in the Service, or any other safety guarantees regarding provision of the Service such as the absense of computer viruses.
The Company is not responsible for a damage or disadvantage to the user caused by the actions of a electric power supplier or electronic communication carrier.
The Company will not compensate for any damages to the user's environment or device caused by the use of the Service.
The use of the Service is highly dependent on the user's device or communication environment, and is not available under any environment. Therefore, the Company does not guarantee that the Service can be used in any environment.
The Company is not responsible for any damage or disadvantage to the user caused by the use of the Service, unless it was cased by a serious negligence on the part of the Company.
Although the Company will do its best to store and manage service data, it will not be responsible for a partial or complete loss of the data for any reason.
The user shall use the Service upon satisfying the conditions specified in these Terms of Use, and the Company shall not be responsible for any results of using the Service without satisfying the use conditions. Also, even if the conditions are satisfied, the Company does not make any guarantees regarding the operation of the Service.
The user shall use the Service on his/her own responsibility, and the Company shall not be involved in the activities of users and shall have no responsibility even if a dispute arises between users or between a user and a third party.
The Company is not responsible for any damage the user might incur from using the Service.

Article 15. Intellectual property

All the copyrights and other intellectual property rights regarding contents used in this Service belong to the Company or the right holder who has licensed their use to the Company, and the user shall not have the right to copy, transfer, lend, translate, modify, report, transmit publicly, circulate, distribute, publish, operate said contents.
Regarding any written contents left by the user through communication functions of the Service, if a third party asks to delete/compensate for such contents, and the Company judges that there are reasonable grounds to do so, The Company shall be able to remove or otherwise provide a proper response to such claims. The Company shall not be responsible even if the user incurs any damage or disadvantage through this.

Article 16. Governing law

These Terms of Use are governed by laws of Japan.

Article 17. Agreed jurisdiction

Any dispute between the Company and the user regarding the Service shall be handled in the exclusive court of first instance in the Tokyo District Court.

2020.4.20