TERMS OF USE
"DARTSLIVE OFFICIAL WEBSITE"



TERMS OF USE

Use of this "DARTSLIVE Official Website" (this "Website"), and information distributed in conjunction with this Website is subject to the terms of a legal agreement between a visitor or user of this Website (either an individual or single entity) ("you") and DARTSLIVE Co., Ltd., a Japanese corporation, having its principal place of business at Ebisu Business Tower, 1-19-19 Ebisu, Shibuya-ku, Tokyo 150-0013, Japan ("DARTSLIVE") as set forth herein ("Terms of Use"). This Website is offered to you on your acceptance of these Terms of Use, DARTSLIVE’s privacy policy ("Privacy Policy") and other notices posted on this Website. Your use of this Website or of any content presented in any and all areas of this Website indicates your acknowledgment and agreement to these Terms of Use, DARTSLIVE’s Privacy Policy and other notices posted on this Website and that you are representing that you are at least 18 years of age. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use DARTSLIVE’s information, services, or this Website. DARTSLIVE suggests you print a copy of each of these documents for your records.
DARTSLIVE shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this Website. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this Website following changes to these Terms of Use shall constitute your acceptance of all such changes.



DISCLAIMER

This Website is for informational purposes only and is not intended to provide specific legal or other advice. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever. Unless otherwise indicated on this Website, you may display, download, archive, and print a single copy of any information on this Website, or otherwise distributed from DARTSLIVE for such personal, non-commercial use, provided it is done pursuant to the User Conduct and Obligations set forth below.
To the maximum extent permitted by law, the performance of this Website and all information contained on, downloaded or accessed from this Website are provided to you on an "as is" basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. DARTSLIVE shall be not responsible for any costs or any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any damage to your or any other person's computer as a result of using this Website.
DARTSLIVE reserves the right, at its sole discretion, to modify, disable access to, discontinue or remove temporarily or permanently, any part or whole of this Website or any information contained thereon, including content you upload, post or otherwise transmit through or to this Website, without liability or notice to you.
As a visitor to this Website, you acknowledge and agree that any reliance on or use by you of any information available on this Website shall be entirely at your own risk. In no event shall DARTSLIVE be liable for any indirect, consequential or exemplary damages arising from the use or the performance of this Website, even if DARTSLIVE or such provider has been advised of the possibility of such damages.
To the maximum extent permitted by law, in no event will dartslive’s liability to you or to any other person ever exceed the amount paid by you to dartslive for this Website, regardless of the form of the claim and whether in tort or contract.



PRIVACY POLICY

You have read and agree to all of the terms and conditions of DARTSLIVE’s Privacy Policy, which is located at http://www.dartslive.com/legalnotice/privacypolicy.html.



CONFIDENTIALITY AND TRANSMISSIONS OVER THE INTERNET

The transmission of data or information (including communications by e-mail and any and all data or information you upload to this Website) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, DARTSLIVE does not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with DARTSLIVE (including those which may contain your personal information). While DARTSLIVE shall take commercially reasonable efforts to safeguard the privacy of the information you provide DARTSLIVE and treat such information in accordance with DARTSLIVE’s Privacy Policy, in no event will the information you provide to DARTSLIVE be deemed to be confidential, create any fiduciary obligations to you on DARTSLIVE’s part, or, to the maximum extent permitted by law, result in any liability to you on DARTSLIVE’s part in the event that such information is inadvertently released by DARTSLIVE or accessed by third parties without DARTSLIVE’s consent.



USER CONDUCT AND OBLIGATIONS

You agree to follow all applicable laws and regulations when using this Website. Furthermore, you agree that you shall not:

By uploading, posting or otherwise transmitting through or to this Website any content, you grant to DARTSLIVE, its successors and assigns, a non-exclusive, sublicensable, world-wide, royalty free, perpetual, unlimited, non-revocable license and rights (but not obligation) to use, reproduce, modify, publicly display, publicly perform, download, adapt, translate, distribute or otherwise create derivative works from such content in any manner as DARTSLIVE deems fit otherwise than as stated in DARTSLIVE’s Privacy Policy. To the extent you possess any moral rights or other rights with respect to attribution of authorship or integrity of said content under any applicable law under any legal theory, you hereby permanently and irrevocably waive such rights and covenant not to bring any action, or assist any third party in bringing any action, against DARTSLIVE or any other person or entity on the basis of such rights.

DARTSLIVE may at any time disable, cancel or suspend your access to this Website without liability or notice to you, if DARTSLIVE discovers that you have breached one or more provisions of these Terms of Use or have acted in any manner in non-conformity with any rules, terms and/or conditions expressly stated on this Website. Upon disabling, cancellation or suspension of your use of this Website, your right to use this Website stops right away and any data that you have stored on this Website may not be retrieved later.



INDEMNIFICATION BY USER

You agree to indemnify, defend and hold DARTSLIVE and its affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this Website or breach of these Terms of Use. DARTSLIVE reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.



THIRD PARTY WEBSITES, CONTENT AND PRODUCTS AND SERVICES

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by DARTSLIVE of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As DARTSLIVE has no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, DARTSLIVE does not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.



PROPRIETARY RIGHTS

Any logos or identifying marks are and shall remain the trademarks and trade names and exclusive property of DARTSLIVE, and any unauthorized use of these marks is unlawful. Other trademarks on this Website are the property of their respective owners. All content on this Website, including, without limitation, all programs, complied binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of DARTSLIVE and is protected by international copyright law. The content on this Website may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by DARTSLIVE.



NOTICE OF COPYRIGHT INFRINGEMENT

DARTSLIVE’s policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this Website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material on this Website that is claimed to be infringing or to be the subject of infringing activity.
  4. The address, telephone number or e-mail address of the complaining party.
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  6. A statement that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright infringement should be sent to:

DARTSLIVE Co., Ltd.,
Ebisu Business Tower, 1-19-19 Ebisu,
Shibuya-ku, Tokyo 150-0013
Japan

Assignment.

DARTSLIVE may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service provided hereunder.
No Third Party Beneficiaries.
This Agreement is solely for your and DARTSLIVE’s benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this Agreement.



GENERAL

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.
You agree that these Terms of Use, DARTSLIVE’s Privacy Policy and other notices posted on this Website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up-to-date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.
This Website is based in Japan. DARTSLIVE makes no claims the content on this Website is appropriate or may be downloaded outside of Japan. Access to the content may not be legal by certain persons or in certain countries. If you access this Website from outside of Japan, you do so at your own risk and are responsible for compliance with the laws of Japan, without respect to its conflict of laws principle. This agreement between you and DARTSLIVE, under these Terms of Use ("Agreement"), shall be governed by and construed in all respects in accordance with the laws of Japan. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or software license or material on particular web pages, this Agreement constitutes the entire agreement between you and DARTSLIVE with respect to the use of this Website. In the event of a dispute between you and DARTSLIVE with regard to this Agreement, you agree that any such dispute disputes, controversies or differences which may arise between the parties hereto, out of or in relation to or in connection with this Agreement shall be finally settled by arbitration in Tokyo, Japan in accordance with the Rules of the Japan Commercial Arbitration Association.