“Application” means any software program proposed by gumi Inc. and its affiliates and subsidiaries (collectively “gumi”), including mobile games, downloadable games for PC and games otherwise made accessible by any online communication means, as well as the related updates and documentation.
“Services” means all services proposed by gumi, together with the Applications.
Article 1. Usage Terms and Conditions
- If the User is deemed a minor under the applicable legislation, the Application may be used only on the condition that the minor’s parent or other legal representative (“Legal Representative”) completes the user registration as the minor’s representative or the minor obtains the consent of the Legal Representative to complete the user registration.
- A minor can purchase virtual currency (stipulated later in Article 7) only within the amount gumi prescribes separately.
- If the User of a minor continues to use the Application until and after she becomes an adult, the User is deemed to have confirmed all the transactions that she made during her minor.
Article 2. User Registration
- A user account (“Account”) may be required by gumi to access and use the Applications and Services.
- To create an Account, the User shall perform the registration procedure according to gumi’s instructions and provide gumi with truthful and accurate information, including without limitation email address and device used. In the event this information changes, the User shall promptly make such changes in accordance with gumi’s instructions.
- At the time of registration, the User may be requested to choose a password and a user name. A unique user ID will be automatically issued to the User after completion of the registration. User password, user name and user ID are collectively referred to as the “IDs”.
- The User may obtain only one user ID for the Application, and may not obtain two or more user IDs through multiple devices.
- In the event the device used and declared to gumi during the registration process (“Device”) changes due to a model change or other reason, the User shall follow the procedures prescribed by gumi when he/she desires to continue using his/her own Account on the new device (“Transfer”). gumi prescribes the extent to which Transfer is possible.
Article 3. Device and IDs Management
- The User shall not allow a third party to use or share with a third party his/her Device or IDs.
- At all times in using the Application, the User shall take full responsibility for managing his/her own Device and IDs, and shall assume all responsibility for acts performed using his/her Device and IDs.
- All acts performed using the Device and IDs used by the User shall be deemed to be acts by the User, regardless of who actually uses the Application.
- gumi assumes no responsibility whatsoever for damages incurred by the User due to damage to or loss of the Device, for attacks by third party malware, spyware, viruses, hacking, cracking or such, for poor management of the Device or IDs or errors in use, or for use of the User’s IDs by a third party.
- In the event there is a risk of the User’s Device or IDs being fraudulently used by a third party, the User shall promptly take measures, such as changing the password or notifying gumi of said risk of fraudulent use, necessary to avoid said fraudulent use.
- In the event the User forgets or losses his/her IDs, the User shall immediately notify gumi and follow gumi’s instructions. gumi assumes no responsibility whatsoever for any loss (including the loss of items, Virtual Currency, and Points obtained by the User in the Application, game progress status in the Application, the User’s posted data, and all other statuses realized in the Application ( “Game Data”) that the User may incur due to the User forgetting his/her IDs.
Article 4. Intellectual Property Rights
- All copyrights, patent rights, trademarks, trade secret, designs, models, software program, data bases, moral rights and other intellectual property rights, registered or not, current or future, as well as the applications for such rights (“Intellectual Property Rights”) relating to the Application, the Services and their full content (including without limitation the characters, name of the characters, themes, dialogs, stories, graphics, pictures, videos and musical works), excluding Posted Data as defined at Article 5 below, are and remain the sole and exclusive ownership of gumi or gumi’s third party licensors.
- The User shall not copy, revise, reproduce, translate, adapt, arrange, modify, publicly transmit, sell, publish, rent, create derivative works or otherwise use in a manner that would infringe the Intellectual Property Rights of gumi, all or part of the Application, the Services and any information provided by gumi in the Application, without the prior written consent of gumi.
- Except for the right of use of the Application and the Services granted under this Article, the User is not provided or granted any other right.
- The User shall not remove or alter any Intellectual Property Rights notice affixed to the Application or the Services.
Article 5. Handling of Posted Data (if and when applicable)
- The Application may include so-called messaging functionality and message-board functionality that allows a User to transmit text or images to other specified or unspecified Users (“Posting Functionality”).
- The User shall assume all responsibility for the content of texts, images and other information saved or transmitted to other specified or unspecified Users using the Posting Functionality (“Posted Data”).
- gumi does not pre-screen, control or endorse Posted Data and gumi assumes no liability of any kind in respect of the content of Posted Data.
- In the event a third party files a claim, initiates a lawsuit or a dispute otherwise arises due to the Posted Data of a User, the User shall assume full responsibility for resolving the matter at his/her own expense. The User shall indemnify and hold gumi harmless from any liabilities and commitments with respect to any such third party claims.
- gumi may use saved and accumulated Posted Data for the purpose of operating and improving the Application, and the User consents to such use. In cases where the User has a copyright or other Intellectual Property Right on the content of Posted Data, the User grants to gumi the right to freely publish, use, adapt, translate, store, reproduce, transmit or display the Posted Data or any portion thereof, on any medium and by any means. This right is granted worldwide and for the entire term of the protection by an Intellectual Property Right.
Article 6. Acquisition and Use of Information
- For the purpose of accessing and using the Application and the Services, gumi Inc. and/or gumi Korea, Inc. (a Korean company registered with registered office at Kwanglim Bldg. 42-9, Nonhyun-dong, Kangnam-gu, Seoul Korea), as the case may be, may collect and process information relating to the User, including the following information (“User Data”):
- Email address;
- Device information (device used, OS, device language settings, access country, MAC address, etc.);
- Data use for the Application (such as the Application version and use history);
- Information regarding the offers the User participated in;
- Information regarding customer inquiries, trouble shooting, and user data analysis.
- gumi uses the Data for the following purposes:
- creation of the User Account;
- Management of the Account, including delivery of user confirmations and notifications;
- Analyses of user trends and preferences, as well as the provision of services, advertisements and other information related to analysis;
- Creation of statistical data relating to use conditions of the Application, announcements of same in the Application or on gumi websites, and provision thereof to third parties; or
- gumi will not disclose the Data to a third party without the consent of the User.
- 5.Notwithstanding the provisions of the preceding section, gumi may use all or a portion of the Data for the purposes listed above jointly with gumi Asia Pte. Ltd. (Blk 71 Ayer Rajah Crescent #06-08 Singapore 139951), gumi West (Gofukumachi Business Center 5F, 10-10 Kami-gofuku-machi, Hakata Ward, Fukuoka City, Fukuoka Prefecture). The person responsible for managing the Data at each company is as listed below:
- gumi Asia Pte. Ltd.: As described at http://gumi.sg/policy.html
- Regardless of the provisions of Section 4, gumi may disclose the Data without the consent of the User in the following cases:
- Pursuant to applicable laws and regulations;
- When necessary to protect the life, body or assets of a person;
- When particularly necessary for the improvement of public health or the promotion of the sound development of children, and obtaining consent is difficult; or
- When it is necessary to cooperate with a national agency, local government or other person so entrusted in carrying out work set forth by laws or regulations, and there is a risk that obtaining consent would impede the carrying out of such work.
- When a User withdraws his/her registration from the Application, when gumi deletes a User’s Account or when gumi ends the provision of the Application and Services, gumi may delete all the Data relating to such User at its own discretion.
Article 7. Virtual Currency
- As part of the use of some Applications, a User may purchase virtual currency (referred to as “Gems” or otherwise in the Application) (“Virtual Currency”) for the purpose of purchasing items in the Application and/or receiving additional services. Virtual Currency may be used only within the Application, excluding any other use. If the User is a minor, the consent of the Legal Representative shall be obtained whenever Virtual Currency is purchased or used, and the prior consent of the Legal Representative shall be deemed to have been obtained when Virtual Currency is purchased or used by a minor User.
- The User may purchase Virtual Currency at the price displayed by gumi in the Application at the time of his/her order.
- The User may make a request to gumi to purchase Virtual Currency only by and in the means and the units prescribed by gumi.
- When there is a request by a User according to the preceding section, gumi shall issue Virtual Currency in accordance with the contents of the request and save and accumulate that information in the User’s Account. However, gumi reserve the right not to issue ordered Virtual Currency in cases such as when payment could not be confirmed by the prescribed means selected by the User.
- In the event of a dispute relating to settlement between the User and an entity involved in the process of payments, other than gumi (including without limitation an applications platform/store), the User shall attempt to resolve the dispute with such entity, and gumi shall assume no responsibility whatsoever, except when there are reasons attributable to gumi.
- The User may not assign, lend or otherwise transfer Virtual Currency to a third party.
- gumi will not convert Virtual Currency into other forms of virtual currencies or refund cash. However, this does not apply in cases where gumi is required to make refunds pursuant to laws or regulations.
- Other terms and conditions relating to the usage of the Virtual Currency may be additionally are set forth in the Application. Users shall purchase and use Virtual Currency in accordance therewith.
- The User is not entitled to exercise a right of withdrawal with respect to the purchase of Virtual Currency.
- If the Transfer is conducted according to Article 2.5 but the OSs of the devices of the Transfer are different (e.g. iOS to Android), the Virtual Currency will not be succeeded.
Article 8. Points (If and when applicable)
- A User may be offered service points (referred to as “Honor Points” or as otherwise in the Application) in connection with the Application (the “Points”).
- The User may not assign, lend or otherwise transfer the Points to a third party.
- gumi will not convert the Points into Virtual Currency or refund cash. The same applies in the case where gumi changes, suspends or terminates the Application and/or service of the Points.
- gumi may at all times without prior notice to the User adjust the Points conferred to the User in the event gumi discovers an error when comparing the conditions of service of Points to the Points conferred.
- gumi may at all times without prior notice to the User terminate all or a portion of the offering of Points and/or services of the Points.
- Upon termination of the registration by the User or the Application for any reason, all Points shall be lost, regardless of how they were acquired by User.
Article 9. Handling of Game Data
- In the event of any of the following, gumi may at any time delete, transfer or otherwise change all or a portion of the Game Data without notifying the User in advance:
- When there is a risk that the data size of the Game Data will exceed the limit separately prescribed by gumi, or in other cases where it becomes difficult for gumi to maintain the Game Data due to technical reasons;
- When determined by gumi to be necessary for the provision or the repair and maintenance of the Application;
- When determined by gumi to be a hindrance to the provision of the Application; or
- When otherwise determined by gumi to be necessary.
Article 10. Expense Burden
In using the Application, the User shall bear all costs relating to the purchase, introduction and maintenance of necessary information devices or such, communication fees such as packet communication fees and data usage fees, electricity charges and all other expenses.
Article 11. Posting of Advertisements
- gumi may post on the Application advertisements for gumi or third parties.
- In regards to all third party websites that may be accessed by links from the Application, including the advertisements of the preceding section, gumi provides no guarantee as to the legality, consistency, safety, or accuracy of the contents, or their non-violation of public morals, nor any other guarantee. gumi assumes no responsibility whatsoever for damage or loss caused by a User’s use of said websites or by products or services provided through said use.
Article 12. Account Restriction, Suspension and Cancellation
- In the event any of the following apply to a User, gumi may restrict or suspend the use of or cancel said User’s Account:
- When provision of the Application is impeded or hindered due to the acts (including acts and omissions outside of the Application) of the User, regardless of the reason, or when gumi reasonably determines there is a risk of such impedance or hindrance;
- When gumi discovers that a User had use of an Account restricted, halted or cancelled by gumi in the past;
- When gumi otherwise reasonably determines the User to be an unsuitable User for the Application, in particular where the User hijacks the use of the Application for other purposes that those contemplated or authorized by gumi or when his use of the Application may constitute a risk or a threat for other users; or
- The User has more than one (1) Account or loans or rents his Account to third parties.
- In the cases listed above, the User acknowledges and agrees that gumi is not required to give prior notice before restricting, suspending or cancelling the Account. Where practically possible, gumi will do its reasonable endeavors to inform the User.
- If the User Account is suspended or cancelled in accordance with this Article, the User shall not be entitled to access or the Application or the Services and gumi shall bear no liability in this respect.
Article 13. Changes, Discontinuation and Ending of the Application
- gumi may change the content of all or part of the Application, or discontinue or end provision of the Application at any time and for any reason, without prior notice to Users.
- In the event any of the following circumstances arises, gumi may discontinue or end the provision of the Application either temporarily or definitively, without prior notice to Users:
- When the Application can no longer be provided due to natural disasters such as an earthquake, tsunami, typhoon, thunder and lightning, heavy rains or floods, or due to fire, power outages or other unexpected accidents, wars, disputes, riots, insurgency, turmoil or labor disputes;
- When the Application cannot be provided due to regular or emergency maintenance of systems and such necessary to provide the Application, congestion of network system traffic, or troubles of providers or such; or
- In addition to what is listed in the preceding item, when gumi reasonably determines the discontinuation or end of the provision of the Application to be necessary.
- gumi assumes no responsibility whatsoever in the event a User suffers a loss due to a change in or discontinuation or ending of the Application pursuant to this Article.
Article 14. Prohibited Actions
The User shall not engage in the acts listed below or in acts that could fall into the categories below. gumi may restrict or halt the use of or cancel said User’s Account where the User performs or has performed any of the acts below.
- Criminal acts, acts tied to or facilitating a crime;
- Acts that post information harmful to youth (referring to what is defined in Article 2, Section 3 of the Act on Development of an Environment that Provides Safe and Secure Internet Use for Young People of Japan), and acts that attract children to become sex partners;
- Acts that transmit or save child pornography;
- Acts consisting in transmitting or recording texts or images that cause other Users to feel uncomfortable;
- All acts aimed at sexual relations, obscene acts or meeting someone;
- Acts that transmit or save information regarding interactions with a person whom one has not met;
- Acts that report false information to register a user, and acts that otherwise provide or disseminate to gumi or a third party information that contradicts the facts in connection with this Application;
- Acts that recommend or solicit alcohol, cigarettes or gambling to minors, or the use or sale and purchase of drugs, including illicit substances such as stimulants and narcotics;
- Acts that solicit or recommend suicide or self-inflicted harm;
- Acts that post content constituting slander, harm or insult to a third party or that would damage the name or credibility of a third party, or other acts of harassment;
- Acts that post expressions leading to discrimination based on race, nationality, gender, religion, social standing, place of residence, physical characteristics, medical history, education, wealth, etc.;
- Acts soliciting a person to join a political group or religious group, or other political or religious acts;
- Acts that improperly collect and use another User’s personal information;
- Acts that infringe the intellectual property rights or personal rights of gumi or a third party
- Acts for profiting from using the Application or information obtained from the Application, or acts in preparation for that;
- Acts that buy or sell or exchange Game Data (in particular, Virtual Currency, Points, items and Accounts, but not limited to such) for cash or cash equivalents, regardless of whether done as part of or outside of the Application;
- All acts done in promise of or otherwise in preparation for the purchase, sale or exchange described in the preceding item, regardless of whether done as part of or outside of the Application (including, but not limited to, exchanging messages for the purpose of buying, selling or exchange transactions, and putting items up for auction);
- Acts that create, distribute or use external programs such as BOTs or cheat tools (including, but not limited to, external tools that manipulate the results obtained through use of the Application in a way not intended by gumi);
- Acts wherein one uses for him/herself results obtained by a third party through the use of the external programs of the preceding item;
- Acts alone or in collaboration with another User, or through the use of acts of another User, that fraudulently manipulate results obtained through the use of the Application;
- Acts that place a large burden on the services or networks used to operate the Application;
- Fraudulent access acts and acts to become another User, such as by using the password of another User;
- Acts that intentionally provide or disclose information regarding problems with the Application to a third party other than gumi;
- Acts wherein one poses as a person or group connected with gumi, another User, or the Application, and acts that otherwise create some sort of misunderstanding with a third party
- Acts that disseminate computer viruses;
- Acts that change or damage, or that reverse-assemble, reverse-compile or reverse engineer programs used in the Application;
- Acts that inflict damage on or otherwise cause some sort of difficulty for gumi or a third party;
- Acts that hinder the proper provision of the Application;
- Acts that harm the credibility of gumi or the Application;
- Acts that change or damage, or that reverse-assemble, reverse-compile or reverse engineer the OS loaded on User’s device (including so-called “root change” or “jail-breaking” activities); or
- Other acts determined by gumi to be inappropriate.
Article 15. Damages
- In the event a User incurs damages due to reasons attributable to gumi, gumi shall indemnify the User for those damages. However, except in cases of willful misconduct or gross negligence on the part of gumi, the scope of gumi’s damages liability is limited to the amount of money paid to gumi by the User during the one month up to when damages were incurred.
Article 16. Disclaimers
- The User understands that the nature of the Services and information provided in the Application is such that they may change on a daily basis. gumi does not warrant the permanence of the content or existence of those services or information and does not warrant that they will be available at all times.
- gumi shall not be liable for any direct or indirect damages incurred by the User or any third party due to the use or non-operation of the Application and Services.
- gumi shall in no event be liable for any kind of indirect, incidental, punitive, special or consequential damages incurred by the User or any third party as a result of the use or non-operation of the Application and Services;
- gumi does not warrant the Application’s completeness, certainty, appropriateness, usability, or compatibility with a User’s usage purpose or environment. The User uses the Application “as is” at his/her own responsibility, risk and discretion.
- gumi does not warrant non-infringement of any third party rights by the Application.
- gumi does not warrant the accuracy of any information provided or used in the Application, and shall not be liable for damages incurred by a User due to the use of or inability to use said information, except in cases where the reason is attributable to gumi.
- gumi shall not be liable in regards to disputes between Users or between a User and a third party that arise due to the use of the Application.
- gumi shall not be liable for damages incurred by a User due to the acts of a third party, such as fraudulent access to the Application or the introduction of computer viruses.
- gumi shall not be liable for damages incurred by a User due to business operators, such as telecommunication carriers or electric utility operators.
Article 17. Prohibition on the Transfer of Rights and Obligations
Article 20. Governing Law and Court of Jurisdiction
- Tokyo District Court shall be the agreed-upon court of exclusive jurisdiction for the first instance for all disputes relating to the Application.
Article 21. Additional Terms
Enacted the 1st day of September 1, 2014
Sumitomo Fudosan Nishi-Shinjuku Building No. 5, 3F
Nishi-Shinjuku 4-34-7 Shinjuku
Tokyo 160-0023 Japan