This agreement governs your use of all services (the “Services”) provided by ShovelGames Corporation (the “Company”) through its applications.
Please use the Service after agreeing to this Agreement.
Article 1 (Definitions)
- This service
Services operated by the Company and related services
All users of this service.
Article 2 (Agreement to this Agreement)
- If the user is a minor, please obtain the consent of a person with parental authority or other legal representative before using this service.
- In the event that a minor user falsely claims to have consent without the consent of a legal representative, or uses this service by falsely claiming to be a young person with regard to age, or otherwise uses fraudulent means to make the user believe that he or she is capable of acting, any legal action related to this service may not be revoked.
- In the event that a user who is a minor at the time of consenting to this Agreement uses the Service after reaching the age of majority, such user shall be deemed to have accepted all legal acts related to the Service.
Article 3 (Amendment of the Agreement)
- The Company may revise the contents of this Agreement at any time without the consent of the user, and the user shall agree to this without objection.
- The revision of the previous version of this Agreement shall take effect at the time the Company gives notice in accordance with the preceding paragraph.
Article 4 (Handling of Personal Information)
Article 5 (Prohibited Acts)
When using this service, the Company prohibits the following acts from users.
In the event that the Company recognizes that a User has violated any of the prohibited items, the Company may suspend the User or take any other action deemed necessary by the Company.
- Infringement on the intellectual property rights of the Company or a third party.
- Acts that defame the reputation or credibility of the Company or a third party, or unfairly discriminate or slander.
- Actions that infringe or may infringe on the property of the Company or a third party.
- Actions that cause economic damage to the Company or a third party.
- Threatening actions against the Company or third parties.
- Specifying or inducing computer viruses or harmful programs.
- Acts that place undue stress on the infrastructure facilities for this service.
- Attacks on this site’s servers, systems, and security.
- Attempting to access the Company’s services using a method other than the interface provided by the Company.
- Other than the above, actions that the Company deems inappropriate.
Article 6 (Withdrawal from membership)
Users may withdraw from this service by following the withdrawal procedures specified by the Company.
Article 7 (Disclaimer)
- The Company shall not be liable for any damages caused by changes in the contents of the Service, interruption or termination of the Service.
- The Company shall not be involved in, and shall not be responsible for, the user’s environment for using the Service.
- The Company does not warrant in any way that the Service will be suitable for the specific purpose of the User, that it will have the expected functions, commercial value, accuracy, or usefulness, that the use of the Service by the User will comply with laws and regulations applicable to the User or internal rules of industry organizations, or that defects will not occur. The Company makes no warranty that the Service will be free of defects.
- The Company does not guarantee that the Service is compatible with all information terminals, and the User acknowledges in advance that malfunctions may occur in the operation of the Service due to the upgrade of the OS of the information terminal used to use the Service. The Company does not guarantee that such problems will be resolved by the Company’s modification of the program, etc. in the event that such problems occur.
- The Company shall not be liable for any damages directly or indirectly incurred by users as a result of using this service.
- The Company shall not be liable for any loss of opportunity, interruption of business, or any other damages (including indirect damages or lost profits) incurred by users or other third parties, even if the Company has been notified of the possibility of such damages in advance.
- The provisions of Paragraphs 1 through 2 shall not apply in cases where the Company is willful or grossly negligent or where the Subscriber is a consumer under the Consumer Contract Act.
- Even if the preceding paragraph applies, our company shall not be liable for any damages caused by negligence (excluding gross negligence). Even in cases where the preceding paragraph applies, the Company shall not be liable to compensate for any damages caused to users by acts of negligence (except for gross negligence) that arise from special circumstances.
- In the event that the Company is liable for damages in relation to the use of the Service, the Company shall be liable for compensation up to the amount of usage received from the User in the month in which the relevant damage occurred.
- The Company shall not be responsible for any disputes or troubles between users and other users. In the event of a dispute between a user and another user, both parties shall be responsible for resolving the dispute and shall not make any claim against the Company.
- In the event that a user causes damage to another user or a dispute arises with a third party in relation to the use of this service, the user shall, at his/her own expense and responsibility, compensate for such damage or resolve such dispute, and shall not cause any inconvenience or damage to the Company.
- In the event that the Company receives a claim for damages, etc. from a third party as a result of the User’s conduct, the User shall resolve such claim at the User’s expense (attorney’s fees) and responsibility. In the event that our company pays compensation for damages to said third party, the user shall pay all costs (including attorney’s fees and lost profits) including said compensation to our company.
- In the event that a user causes damage to the Company in relation to the use of this service, the user shall compensate the Company for the damage (including legal fees and attorney’s fees) at the user’s expense and responsibility.
Article 8 (Change of Service Contents)
Company may change the contents of this service or discontinue the provision of this service without notice to the user, and shall not be liable for any damage incurred by the user as a result.
Article 9 (Publication of Advertisements)
Users are deemed to understand and agree that the Service may contain any and all advertisements, and that the Company or its partners may place any and all advertisements on the Service. The form and scope of advertisements on the Service may be changed by the Company at any time.
Article 10 (Paid Content)
- Paid contents can be purchased for a portion of the Service by paying a fee. The amount of paid contents, payment method and other matters shall be determined separately by the Company and displayed on the Service or the Company’s website.
- The Company may, at its discretion, change the price of any content that is free or charged for in the Service.
- In the event that a user delays payment of the price of paid contents, the user shall pay to the Company a late fee at the rate of 14.6% per annum.
- Paid content is licensed only for the user’s own registered information.
- The Company will not issue any refunds for paid content purchased by the user, except as required by law.
Article 11 (Termination of Service)
- The Company may terminate the Service by notifying the User in an appropriate manner.
- Users shall agree without objection in advance that in the event of termination of the Service, they shall lose all rights to use the Paid Contents and shall not be able to use the said Paid Contents thereafter.
- In the event that the Service is terminated for any reason whatsoever, the Company shall not be liable for any damages incurred by users or third parties resulting from such termination.
Article 12 (Prohibition of Assignment of Rights)
Article 13 (Segregability)
Even if any provision of these Terms and Conditions, or any part thereof, is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and Conditions, as well as the remaining parts of the provisions that are determined to be invalid or unenforceable, shall continue to be in full force and effect.
Article 14 (Method of Contacting the Company)
The user’s contact and inquiry to the Company regarding the Service shall be made by sending an inquiry form set up in an appropriate location on the website operated by the Company or by a method separately designated by the Company.
Article 15 (Governing Law, Court of Jurisdiction)
- The validity, interpretation and performance of this Agreement shall be governed by and construed in accordance with the laws of Japan, with the Japanese language being the official language.
- The Nagoya Summary Court or the Nagoya District Court shall have exclusive jurisdiction over any disputes, lawsuits, or any other disputes between the Company and users, etc., depending on the amount of the lawsuit.
July 20, 2012 Construction