Terms of Service

These Terms of Service (the "Terms") set forth the terms and conditions for the provision of the Service (as defined below), and the rights and obligations between us and the registered users. You must agree to the Terms by reading the entirety before using the Service.

Article 1 <Scope>

  1. The purpose of the Terms is to set forth the terms and conditions for the provision of the Service and the rights and obligations between the Administrator (as defined below) and the Registered User (as defined below), and the Terms shall be applied to all aspects of the relationship between the Registered User and the Administrator in connection with the Service.

  2. If there any conflict between the Terms and the Rules or any other description regarding the Service not provided for herein, the Terms shall prevail.

Article 2 <Definitions>

For purposes of the Terms, the following terms have the following meanings.

  1. "Service Agreement" means the agreement relating to the use of the Service to be executed under the terms and conditions of the Terms between the Administrator and the Registered Users.

  2. "IP Rights" means copyrights, patents, utility model rights, design rights, trade mark rights and other intellectual property rights (including rights to obtain, or apply for registration of, such rights).

  3. "Posted Data" means any content, including but not limited to text, images animation and other data, that is posted or otherwise transmitted by the Registered Users through the Service.

  4. "Website" means such website as may be from time to time operated by the Administrator, whose domain name is "webgamegarden.com" (or if the domain name or content thereof is modified for any reasons for any reasons, such modified website).

  5. "Registered User" means any person or entity that has been registered as a user of the Service pursuant to Article 3

  6. "Service" means the service provided by the Administrator under the name of "Web Game Garden" (or if the name or content thereof is modified for any reasons, such modified service).

Article 3 <Registration>

  1. A person wishing to use the Service may apply to the Administrator for registration to use the Service by agreeing to comply herewith and providing certain information as specified by the Administrator (the "Registration Information") in accordance with the manner as may be prescribed by the Administrator

  2. Upon completion of the registration pursuant to the preceding Paragraph, the Service Agreement shall become effective between the Registered User and the Administrator, allowing the Registered User to use the Service pursuant to the Terms.

Article 4 <Password and User ID Management>

  1. The Registered User shall be responsible for keeping and maintaining its password and user ID for the Service in an appropriate manner, and may not cause a third party to user, or provide, transfer, change the name of, sell or otherwise dispose of, the same.

  2. The Registered User shall be, and the Administrator shall in no event be, liable for damages arising out of inappropriate management, misuse, or use by a third party of the Registered User's password or user ID.

Article 5 <Prohibited Actions>

When using the Service, the Registered User may not conduct any act that falls under, or is determined by the Administrator to fall under, any of the following:

  1. acts that violate any laws or regulations or that are associated with criminal activity;

  2. acts that defraud or threaten the Administrator, other Registered Users or other third parties;

  3. acts against public order and good morals;

  4. acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or interests of the Administrator, other Registered Users or other third parties;

  5. acts to transmit through the Service to other Registered Users any information or data that falls under, or is determined by the Administrator to fall under, the information or data that:

    • contains excessively violent or cruel content;

    • contains computer viruses or other hazardous computer programs;

    • contains content that damages the reputation or the credit of the Administrator, other users of the Service or other third parties;

    • contains excessively indecent content;

    • contains content that encourages discrimination;

    • contains content that encourages suicide or self-mutilation;

    • contains content that encourages drug abuse;

    • contains antisocial content;

    • is intended to be distributed to third parties, including but not limited to chain mails;

    • contains content that causes uncomfortable feelings to third parties;

  6. acts that place an excessive burden on the network or system of the Service;

  7. acts to reverse-engineer or otherwise analyze the software or other systems provided by the Administrator;

  8. acts that are likely to interrupt the operation of the Service;

  9. acts to access the network or system of the Administrator improperly;

  10. acts to impersonate a third party;

  11. acts to user the user ID or password of other users of the Service;

  12. acts that cause disadvantage, damage or uncomfortable feelings to other users of the Service or other third parties;

  13. acts to provide Antisocial Forces with profit;

  14. acts that are intended to meet unacquainted persons of the opposite sex;

  15. acts that, directly or indirectly, cause or facilitate the acts listed in Items (1) through (14) above;

  16. attempting to conduct any of the acts listed in Items (1) through (15) above;

  17. other acts that the Administrator deems to be inappropriate;

Article 6 <Suspension of Service>

The Administrator shall be entitled to, without any advance notice to the Registered User, suspend or discontinue the Service, in whole or in part, in the event that:

  1. Inspection or maintenance of the computer system for the Service needs to be performed due to urgent circumstances;

  2. The Administrator becomes unable to provide the Service due to error in computers or communication lines, wrong operation, excessively concentrated access, unauthorized access, hacking or the like;

  3. The Administrator becomes unable to provide the Service due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters;

  4. The Administrator determines that suspension or discontinuance is required for other reasons;

Article 7 <Ownership of Rights>

  1. Any and all IP Rights related to the Website and the Service are expressly reserved by the Administrator or its licensor, Nothing contained herein shall be construed as granting to the Registered User a license of the IP Rights related to the Website and the Service owned by the Administrator or its licensor.

  2. The Registered User hereby represents and warrants to the Administrator that it has lawful rights to post or otherwise transmit the Posted Data, and that the Posted Data so posted or transmitted does not infringe any third party's rights.

  3. The Registered User hereby grants to the Administrator a worldwide, non-exclusive, royalty-free, sub-licensable and transferrable license to use, reproduce, distribute, create derivative works of, display and execute the Posted Data, In addition, the Registered User (the "Granting Registered User" in this Paragraph 3) hereby grants to the other Registered Users a non-exclusive license to use, reproduce, distribute, create derivative works of, display and execute the Posted Data posted or otherwise transmitted by the Granting Registered User through the Service.

  4. The Registered User hereby agrees not to exercise moral rights against the Administrator or any other person to which the Administrator has transferred or granted the relevant rights.

Article 8 <Registration Cancellation>

If any of the following events arises in relation to a Registered User, the Administrator may, without prior notice or demand, (i) delete, or suspend the display of, the Posted Data, (ii) temporarily suspend the use by the Registered User of the Service, or (iii) cancel the Registered User's registration as such:

  1. The Registered User fails to comply with any of the provisions hereof;

  2. The Registered User has not responded to inquiries from the Administrator or other communications requiring a response for 1 month or more;

  3. It is determined to be inappropriate by the Administrator that the Registered User continues to use the Service or to be registered as a Registered User;

Article 9 <Withdrawal>

  1. The Registered User may withdraw from the Service and cancel its registration as a Registered User by completing the procedure as specified by the Administrator.

  2. Treatment of user information after the withdrawal from the Service shall be subject to the provisions of Article 13

Article 10 <Modification and Termination of Service>

  1. The Administrator shall be entitled to at any time modify or terminate the Service in its own discretion.

  2. The Administrator shall notify in advance the Registered User of any intended termination by the Administrator of the Service

Article 11 <Disclaimer and Waiver of Warranties>

  1. THE ADMINISTRATOR MAKES DOES NOT MAKE WARRANTIES, EXPRESS OR IMPLIED. (i) that the Service fits or is suitable for a particular purpose contemplated by the Registered User, (ii) that the Service has expected functions, commercial value, accuracy or usefulness, (iii) that the user by the Registered User of the Service complies with the laws and regulations or internal rules of industrial organizations that are applicable to the Registered User, or (iv) that the Service will be free of interruption or defects.

  2. Any transactions, communications and disputes arising between the Registered User and other Registered Users or a third party in connection with the Service or the Website shall be addressed and resolved by the Registered User at its responsibility.

Article 12 <Confidentiality>

The Registered User shall keep confidential any and all non-public information disclosed in relation to the Service by the Administrator to the Registered User for which the Administrator, at such disclosure, requires the Registered User a confidential treatment, unless the Registered User has obtained the prior written approval from the Administrator.

Article 13 <Treatment of User Information>

  1. Treatment by the Administrator of the Registered User's information shall be subject to the provisions of my Privacy Policy, which is separately prescribed, and the Registered User hereby agrees to treatment by the Administrator of the Registered User's information pursuant to such Privacy Policy.

  2. The Administrator may, in its sole discretion, user or make public any information or data provided by the Registered User to the Administrator as statistical information in a form that cannot identify an individual, and the Registered User may not raise any objection to such user or publication.

Article 14 <Amendment>

The Administrator reserves the right to amend or change the Terms when the Administrator finds it necessary. In the event of any amendment or change to the Terms, the Administrator shall inform the effective time and content of the amended or changed Terms by posting on the Website or other appropriate way, or notify the Registered User of the same. Notwithstanding the foregoing, the Administrator shall obtain the Registered User's consent in a manner specified by the Administrator for the amendment or change of the Terms that requires such consent under the applicable laws.

Article 15 <Notice>

  1. Any communications or notices from the Registered User to the Administrator, including but not limited to inquiries with respect to the Service, and any communications or notices from the Administrator to the Registered User, including but not limited to notices concerning any amendment to the Terms shall be made in accordance with the procedures specified by the Administrator.

  2. Any communication or notice made by the Administrator that is addressed to the email address included in the Registration Information of a Registered User shall be deemed to be received by the Registered User.

Article 16 <Assignment>

  1. The Registered User shall not assign, transfer, grant security interests on or otherwise dispose of the Service Agreement or its rights or obligations under the Terms without the prior written consent of the Administrator.

  2. In cases where the Administrator transfers the business regarding the Service to a third party, the Administrator may, as part of such transfer, assign to the third party the Service Agreement, the rights and obligations of the Administrator under the Terms, and the Registration Information and other information relating to the Registered User, and the Registered User hereby agrees to such transfer in advance. The business transfer referred to above in this Paragraph shall include, in addition to the usual form of business transfer, a company split or any other form that would result in a business transfer.

Article 17 <Severability>

If any provision of the Terms or a part thereof is held to be invalid or unenforceable under Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof or the remaining portion of the provision held invalid or unenforceable in part shall remain in full force and effect.

Article 18 <Governing Law and Jurisdiction>

  1. The Terms shall be governed by the laws of Japan without regard to conflict of laws principles.

  2. Any and all disputes arising out of or in connection with the Terms or the Service Agreement shall be submitted to the exclusive jurisdiction of the court of Japan near the Administrator in the first instance.