Terms of Use

1. Terms of Use

  • These Terms of Use (these “Terms of Use”) establish the terms and conditions between a customer (the “User”) who uses the “Tsuri Star VR” game application (includes updated versions of this application and ancillary services; the “Company App”) provided by GREE, Inc. (the “Company”) and the Company regarding the use of the Company App.
  • By using the Company App (including but not limited to downloading the Company App, purchasing Items, Etc. (defined in Sec. 6.2) on the Company App or using ancillary services), the User will be deemed to have agreed to these Terms of Use. The User shall not use the Company App if he or she does not agree to these Terms of Use.
  • These Terms of Use may be amended at the Companys convenience and without notifying the User in advance. Unless otherwise provided, the amended terms of use will become effective at the time they are posted on the Company App. If the User uses the Company App after the amendment of these Terms of Use, the User will be deemed to have agreed to the amended terms of use and the amended terms of use shall apply.
  • If the User is a minor, the User shall obtain the approval of his or her legal representative (e.g., person with parental authority) before using the Company App.
  • In addition to these Terms of Use, individual terms and conditions regarding the Company App may be established. In such cases, the User shall comply with the individual terms and conditions as well as these Terms of Use. In the event of any discrepancy between the provisions of these Terms of Use and the individual terms and conditions, the provisions of the individual terms and conditions shall prevail.

2. Use of the Company App

  • The User may use the Company App within the limits established by the Company depending on the Users age, usage environment, and other conditions.
  • The Company may send notices, advertisements, and other announcement messages to the User in connection with the operation of the Company App.
  • The Company will set up one (1) account for the User for each unit of mobile device on which the User uses the Company App (but limited to a mobile device that can use the “Android” OS provided by Google, Inc.; “Mobile Device”) and for a single Company App. If the same Company App is used on a different Mobile Device, a different account will be set up. The User shall not use the game information of the account (refers to the Items, Etc. (defined in Section 6.2) in the Users possession and other information that is associated with this account within a game provided by the Company App; same shall apply hereinafter) on a different account or combine such game information.
  • When using the Company App, the User shall register the correct date of birth if requested by the Company. In addition, the User shall not cause the Company to obtain a false IP address or other information through a connection, etc. that uses a VPN (Virtual Private Network). The Company shall not be liable for the Users damages that arise in connection with the inaccuracy or falsity of the registered information or causing the Company to obtain false information.
  • If the registration of a password is required for the use of ancillary services, the User shall register a password that satisfies the conditions established by the Company.
  • If the Company determines that it is necessary to protect the Company App and other rights and assets of the Company, or the life, body, or property of a third party, the Company may disclose or provide such Posts, Etc. to courts, the police, and other public bodies to the extent necessary.
  • The User shall, at its own responsibility and cost, obtain and maintain a Mobile Device that is required to access or use the Company App. The User shall be responsible for the communication fees associated with the use of the Company App. The rights and obligations that the User has against or owes to the Company regarding the Company App are personal to the User and cannot be transferred.

3. User's Management Obligations

  • The User may use his or her own account information (refers to the account ID, username, and game information that the Company sets up for each account, and any other information that is associated with the account; same shall apply hereinafter) and the password registered under paragraph 6 of the preceding Section for the sole purpose of using the Company App and shall not allow a third party to use such account information or password. The User shall not disclose, lend, buy or sell, give, or transfer, etc. any account information to a third party without the Companys consent. In addition, the User shall not use the Company App by using a username or password that differs from the one that is registered with the Company.
  • If the User registers a password on the Company App, the User shall manage such password as confidential information.
  • If there is any use of the Company App (including but not limited to using or discontinuing the use of the Company App or registering a password) by the Users account or any use of the Company App using the registered password, the Company may deem that such use was made by the User. All results that arise through such use will belong to the User, and the Company shall not be liable for such results.
  • If the User discovers an unauthorized use of his or her account or password, the User shall immediately notify the Company and make reasonable efforts to rectify such unauthorized use.
  • If the Company or a third party incurs damages due to the unauthorized use of the Users account or password, the User shall compensate the Company and third parties for such damages.

4. Privacy Policy

  • The Company shall properly handle the Users personal information and other privacy information in accordance with the Companys Privacy Policy (the “Privacy Policy”). The Privacy Policy is posted on the Company App, so please review it before using the Company App.
  • The Company makes no warranty that the information on the Company App or obtained through the Company App is complete, accurate, or up-to-date. The Company shall not be liable for the Users use of or reliance on such information.

5. Intellectual Property Rights

1. License

The User (or the rights holder of the Content) will continue to retain the intellectual property rights including the copyrights in the Content, provided that, to the extent it is for the purpose of providing, advertising, or promoting the Company App, the Company may use the Content on the websites and the like of the Company or those partnering with the Company after performing the processing that the Company determines to be necessary. The User shall not exercise the moral rights of an author or the moral rights of a performer with regard to the use of the Companys Content under this paragraph and shall enter into an agreement with the rights holder of the Content that provides that the User will not exercise the moral rights of an author or the moral rights of a performer with regard to such use by the Company.

2. Ownership of Rights

Excluding the Content posted by the User, all copyrights and other intellectual property rights regarding the Company App and all information relating to the Company App will belong to the Company or the rights holder that licensed the use of such rights to the Company. The User shall not reproduce, transfer, lend, translate, alter, reprint, transmit to the public (including making it possible to transmit to the public), forward, distribute, publish, use for business, or the like.

6. Suspension or Deletion of the Account

  • If any of the grounds below applies to the User, the Company may temporarily or permanently suspend or delete the User's account, provided that the Company shall not be liable for the User's damages that arise with regard to such suspension or the like.
    • The User has violated these Terms of Use
    • The User's registered information or the Posts, Etc. contain an expression that insults or defames a third party or creates a feeling of disgust or an expression that is contrary to public policy
    • The Company determines that the User falls under antisocial forces or the like (refers to organized crime groups, members of organized crime groups, quasi-members of organized crime groups, entities affiliated with an organized crime group, corporate racketeers or the like, persons engaging in criminal activities under the pretext of social activism or the like, special intellectual crime groups or the like, and other equivalent groups or individuals; same shall apply hereinafter) or is cooperating or involved with the maintenance and operation of antisocial forces or the like by providing funds or any other means
    • The Company otherwise determines that the use of the Company App by the User is inappropriate
  • If the Company permanently suspends or deletes the User's account, the User will lose the right to use the items and the right to receive other goods or services that the User possesses at the time of the suspension or the like (“Items, Etc.”) and the right to use ancillary services (including the right to browse the content and the like that was posted or sent in the past through the ancillary services; same shall apply hereinafter) upon the suspension or like of the account.

7. Discontinuation of Use

  • The User may discontinue the use of the Company App by uninstalling the Company App from the Mobile Device.
  • If the User discontinues the use of the Company App under the preceding paragraph, the User will lose the right to use the Items, Etc. in his or her possession at the time of the discontinuation and the right to use ancillary services upon the discontinuation of use.
  • Even after the User has discontinued the use of the Company App, the Company may retain information regarding the User (personal information and all information regarding the User's content) in some cases but shall have no obligation to continue retaining such information. Even in a case where the User discontinues the use registration and subsequently resumes the use of the Company App, the information regarding the account that was previously used by the User cannot be used.

8. Code of Conduct

  • The User shall comply with laws and regulations and respect the rights and dignity of third parties. The User agrees not to engage in the misconduct listed below:
    • Posting, sending, or making available the following in connection with the Company App
      • Materials that may:
        • give rise to criminal or civil liability;
        • encourage an act that may constitute a criminal act; or
        • encourage an illegal act or an act such as hacking, cracking, or phreaking, or provide information that shows how to commit such act
      • Virus, worm, Trojan horse, Easter egg, time bomb, spyware, or any other computer code, file, or program that:
        • is potentially harmful or invasive;
        • can or is intended to damage or take over the operation of hardware, software, or other equipment; or
        • can or is intended to monitor the use of hardware, software, or other equipment
      • Unsolicited advertisement, advertising material, junk mail, spam, chain letter, multi-level marketing, investment opportunity, or other solicitation
      • A company's non-public information or material that has not been properly authorized
    • Attempting to make illicit profits for itself or a third party regarding the use of the Company App, including engaging in such act through the use of misconduct, bug, automatic software, bot, hack, unauthorized modification (mod), or any other unapproved third-party software or by using a bug or error in the Company App. If the User finds a bug or error in the Company App, the User agrees not to inform any person other than the Company.
    • Using the Company App with the intent of creating or assisting the creation of a software, automatic software, bot, hack, unauthorized modification (mod), or any other unapproved third-party software that engages in misconduct
    • Using the Company App to defame, misuse, harass, stalk, threaten, or otherwise infringe the legal rights of a third party (including but not limited to privacy rights or publicity rights) or to collect personal information that identifies the user of the Company App
    • Interfering with the operation of the Company App or a server or network for providing the Company App, including unreasonably or disproportionately placing a heavy burden on the Company App or a server or network for the Company App, or violating the requirements, procedures, policies, or rules of such network
    • Restricting or interfering with a third party's use of the Company App by, for example, hacking or rewriting, etc. a part of the Company App
    • Revising, altering, creating an adaptation, translating, reverse engineering, decompiling, or disassembling any part of the Company App
    • Deleting any copyright, trademark, and other property rights notice that is displayed on the Company App or materials derived from the Company App
    • Framing or mirroring any part of the Company App without the Company's prior written consent
    • Creating a database by downloading information and materials on the Company App or through a system via the Company App and retaining such information and materials
    • Using a robot, spider, site search and analysis application, or any other manual or automatic device without the Company's prior written consent to extract the available information and materials on the Company App or through the Company App, create an index, scrape, and collect such information and materials through data mining or any other method or to avoid or replicate the navigation structure or display of the Company App

9. Prohibited Acts

  • In addition to the preceding Section, the Company prohibits acts that are determined by the Company to fall under any of the paragraphs below with regard to the use of the Company App, regardless of whether the User acted intentionally or negligently (these acts are prohibited regardless of which service or function of the User's Company App is used to commit the act):
    • Antisocial behavior
      • An act that violates a law or regulation or is contrary to public policy
      • A criminal act or announcing in advance, being involved in, or encouraging a criminal act
      • Posting or registering, etc. information or the like that contains false or misleading content
      • Placing a burden on a server that exceeds the range of normal use or encouraging such an act, or otherwise interfering with or obstructing the operation or provision of the Company App or the use of the Company App by other users
      • Infringing a third party's intellectual property rights (patent rights, trademark rights, copyrights, and trade secrets, etc.)
      • Damaging the reputation or good name of a third party or infringing privacy rights, publicity rights, or any other rights of a third party
      • Posting words and other expressions that may glorify, induce, or encourage suicide, self-harm, drug abuse, or the like
      • Harassing a third party in any way (e.g., stalking) or defaming a third party
      • Posting an expression that will lead to discrimination based on ethnicity, race, gender, age, or the like
    • Obscenity, expression of violence, and acts relating to online dating
      • Posting photographs or the like of nudity with a high degree of exposure including underwear shots, close-up shots of the chest, buttocks, and the like, and shots that expose the genitals, and the like, and other pictures, images (videos), illustrations, and paintings that are determined to be obscene or posting words that correspond to sexual intercourse or genitals, or other obscene expressions, regardless of whether or not there is pixelization or blurring or its artistic qualities
      • Posting violent or grotesque photographs and any other images, words, and the like, and other expressions that will cause general users to be offended
      • Posting expressions of sexual intercourse or expressions made with such intent on the Company App
      • Directing traffic to pornographic websites (e.g., by adding a link)
      • Posting links to child prostitution or pornography or to websites for downloading unedited video images
      • Using the Company App to introduce sexually explicit products
      • All acts that the Company or others determine to be for the primary purpose of requesting or guiding people to online dating or the like with the opposite sex
      • Other acts that are determined to have a detrimental effect on the character formation and the like of minors (tattoos, drinking and smoking by minors, etc.)
    • Commercial acts
      • Posting or sending messages of information for the purpose of buying, selling, or exchanging (including advertisement, announcement, or solicitation thereof) goods or services (unless approved by the Company), regardless of whether it is for a commercial or non-commercial purpose
        * Even information regarding a free seminar or the like will be deemed to constitute information that is prohibited from being posted under this item if goods will be sold at the seminar or the like or if it is a seminar where attendees will be entering into a contract.
      • The User utilizing (in any manner, such as using, playing, reproducing, photocopying, selling, or reselling) all or part of the Company App provided by the Company for a commercial purpose (unless approved by the Company)
      • The User using any information obtained through the Company App by reproducing, selling, publishing, releasing, or any other means that is not a private use by an individual, or causing a third party other than the User to engage in a similar act
      • Sending or posting (including multi-posts, spams, chain messages, etc.) multiple messages with the same effect for advertising, announcement, solicitation, and other purposes using a communication tool such as a messenger tool, group chat, message board, or the like, and leaving posts on a message board or the like that appear to differ from the objective of the message board participants
      • Posting or sending the following information:
        • Information that solicits third parties, such as a pyramid scheme, chain message, MLM (multi-level marketing), or the like
        • Information that directs traffic to an affiliate or a website where points or other benefits are earned by inviting people (unless approved by the Company)
        • Information that contains information products
      • All medical and quasi-medical practices (regardless of their form, such as the use of drugs, spiritual practices, healing stones, counseling, and fortune-telling), regardless of whether it is commercial or non-commercial (unless approved by the Company)
      • Collecting and storing, or attempting to collect or store, personal information of other users
    • Posting of personal information
      • Posting an individual's email address, telephone number, license plate number, bank account number, address, and other information that can identify an individual, regardless of whether it is information regarding the User or a third party
        * We ask for your cooperation in preventing posts for purposes of impersonation or doxing and uses that are similar to online dating websites.
      • Impersonating a third party by posting or registering false information (including name, date of birth, email address, address, and other personal information), or a person other than the User using the Company App by using the User's account, even if permission has been obtained from the User
    • Other acts
      • Indiscriminately sending chats, friend requests, message board invitations, or message posts
      • Political or religious activities (excluding those approved by the Company)
      • A user whose account was suspended due to a violation resuming the use of the Company App
      • Intentionally or negligently inviting a user whose account was suspended due to a violation
      • Sending an invitation to a stranger, particularly receiving an invitation through another blog, message board, or the like
      • Transferring an invitation to a third party, or allowing a third party to use the user credentials or transferring such credentials to a third party
      • Multiple individuals using a single user account
      • A single individual possessing multiple user accounts for a single Mobile Device and single Company App
      • Transferring the right to use a part of the Company App by a method other than the method established the Company or others
      • Exchanging the right to use a part of the Company App for cash or other property or property benefit, or advertising, announcing, or soliciting such exchange
      • Users of different Company App engaging in an exchange of their respective rights to use a part of each Company App, or advertising, announcing, or soliciting such exchange
      • Indiscriminately leaving a large number of access history for the purpose of directing traffic, etc.
      • Encouraging the activities of antisocial forces or the like or providing benefits, either directly or indirectly, to antisocial forces or the like by using the Company App
      • Any other act that the Company determines to be inappropriate based on reasonable grounds

10. Purchasing of Items

  • With regard to the items that are used on the Company App, there are those that are purchased with cash and those that are exchanged for free points awarded on the Company App. The items to be purchased with cash will be given to the User after the User declares his or her intention to make the purchase and receives information from Google, Inc. that the payment has been made. The items to be exchanged for the free points awarded on the Company App will be given to the User in return for redeeming the points after the User declares his or her intention to make an exchange for points.
  • Unless otherwise provided by law or regulation, with regard to the items that the User purchased with cash or exchanged for points on the Company App, the purchase cannot be canceled and the items cannot be returned, exchanged, or the like.

11. Third-Party Services

  • Links to third-party websites, third-party apps, or the like (“Third-Party Apps, Etc.”) may be displayed on the Company App. If the User will be using such Third-Party Apps, Etc., the User shall do so at its own responsibility in accordance with the terms of use and privacy policy of the third party. The third-party business operator that provides such Third-Party Apps, Etc. and the products and services provided therein shall be liable for such Third-Party Apps, Etc., products, and services as well as the act or omission of a third party, and the Company shall not bear any liability whatsoever.
  • Third-party websites may provide links to the Company App, with or without the Company's consent. The Company shall not be liable for any damages incurred by the User in connection with such third-party websites.

12. Modification, Etc. of the Company App

  • If the Company determines that it is necessary, the Company may modify, suspend, or discontinue the Company App (including but not limited to its specifications, rules, and ancillary services) at any time without notifying the User.
  • With regard to the Items, Etc. that are provided to the User on the Company App, the User only has the right to use the Items, Etc. within the limits established in the Company App, and will not acquire any ownership, intellectual property rights, or other rights in the Items owned the Company and rights holder other than the Company.
  • If there is an entity conversion or other grounds, the Company may transfer its position under these Terms of Use to another individual or legal entity without the prior written consent of the User.

13. Disputes with Third Parties

  • In the event of a dispute between the User and a third party (including other users of the Company App) regarding the User's use of the Company App, the User that is a party to the dispute shall resolve such dispute at its own responsibility and cost. If the Company, another user, or a third party incurs any damages due to or in connection with such dispute, the User shall compensate for such damages.
  • The User shall resolve all claims that arise from or in connection with the content posted by the User (including any claims relating to the User's violation of these Terms of Use or infringement of a third party's right) at the User's own responsibility and cost.
  • If the User infringes a third party's right and the Company incurs damages or other costs with regard to a complaint or claim by a third party, the User that is a party to the dispute shall be liable for such damages and other costs and the like (including attorneys' fees).

14. Severability

  • If any provision of these Terms of Use is determined to be in violation of a law or regulation or determined not to be legally binding on either party, such provision will be deemed invalid to the extent that it is determined to be in violation of such law or regulation or not to be legally binding, and all other provisions of these Terms of Use will remain in full force and effect.

15. Disclaimers

  • Warranty disclaimers
    • The Company App is provided “as is.” The Company makes no warranty of any kind (including warranty against defects in title, warranty against defective goods, warranty of fitness for a particular purpose, and warranty of non-infringement), whether express or implied, including the following:
      • The Company App will be free of interruption and error. The Company will not be liable for any operational or communication error, omission, interruption, deletion, defect, operational or transmission delay, communication line disturbance, or misappropriation, damage, unauthorized access, or falsification of content or the User's communication or message.
      • The Company App (including any content, ancillary services, and Items, Etc. in the Company App) is accurate, complete, reliable, up-to-date, and free of error, and does not contain any virus or other harmful element.
    • After the Company App has been downloaded, it may be used in an offline state, but the data regarding the User's use will be saved when it is in an online state, so if there is a need to save the data, the User must ensure that the Company App is in an online state. The Company shall not be responsible for retaining data that has not been saved.
  • Liability for damages
    • If the User incurs any damages that arise from or in connection with the use of the Company App, the User may make a claim for damages against the Company but only in cases where the Company is at fault for causing such damages. The User also agrees that, in any case, unless the Company acted intentionally or with gross negligence, (i) the damages covered by such claim for damages will be limited to the direct and ordinary damages that are actually incurred due to a cause for which the Company is at fault, and (ii) the cumulative amount of damages that the Company will pay to the User will not exceed the total amount of the payment the Company has received from the User in connection with the Company App.
    • The Company shall not be liable for any damages incurred by the User due to grounds other than those for which the Company is at fault, such as the loss or theft of, or damage to, the Mobile Device on which the User downloaded the Company App or the unauthorized use of the User's account by a third party.

16. Governing Law; Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of Japan without regard to its conflict of laws principles. All disputes, controversies or differences which may arise out of or in relation to or in connection with these Terms of Use shall be finally settled by arbitration in Tokyo, in accordance with the Commercial Arbitration Rules of The Japan Commercial Arbitration Association.

Established on October 1st, 2017