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DARTSLIVE Terms of Use

These Terms of Use govern your use of DARTSLIVE services.

Section 1 Definition

The term “we”, “us” or “our” means DARTSLIVE Co., Ltd.
“DARTSLIVE” means the dart machine(s) manufactured and provided by DARTSLIVE Co., Ltd.
“Service” means the online services we provide regarding DARTSLIVE, such as; social gaming, information browsing from PCs, smartphones and mobile phones. “Free Service”means the Service which is free of charge and “Paid Service” means the Service which is subject to fees.
“Content” means all the information you post via the Service including text, graphics, images or other materials.

Section 2 Service Agreement

  1. By accessing or using the Service, you represent and warrant that you have read, understood and agreed to these Terms of Use, and before using the Service you shall enter into a service agreement with us (“Agreement”).
  2. You enter into the Agreement on your own will.
  3. If you are a minor, the Agreement requires consent from your legal guardian (any person with parental authority).
  4. The Service is not available for members and former members of antisocial forces and their related people.
  5. You shall be deemed to agree to these Terms of Use once you use the Service.

Section 3 Notes on Use

  1. Service in General
    1. (1)You shall use the Service at your own responsibility and are responsible for any consequences generated by the use of it.
    2. (2)You are responsible to prepare equipment that is required in order to use the Service at your own expense and at your own responsibility.
  2. Use and Management of ID and Password
    1. (1)In order to use the Service, you need to purchase a dedicated IC card and register your account with the DARTSLIVE card ID (“ID”) on the IC card and with a password of your choice.
    2. (2)You shall control your ID and password strictly, shall not disclose your password to any third party and shall be responsible for the use of the Service with your ID or the password you safeguard.
    3. (3)We shall not be held responsible for any damage caused to you in case your ID or the password you safeguard is used by a third party.
  3. Content
    1. (1)You declare and certify that you hold a legitimate right on the Content of yours.
    2. (2)You shall not send or post any inappropriate Content that is obscene, violent, defamatory, encourages hate speeches and abusive behaviors, infringes copyright, other intellectual property or other rights of any other person or which we, in our sole and absolute discretion, deems to be inappropriate.
    3. (3)We reserve the right to delete, restrict or limit any Content you made available in violation of the preceding item or if deemed inappropriate at our sole discretion without any prior or post notification to you. However, we will not be responsible for detection, finding, removal or limitation of any inappropriate Content of yours.
    4. (4)We are not obligated to save any of the Content.
    5. (5)You are solely responsible for all Content that you make available via the Service and solely responsible to resolve troubles arising out of the Content you made available.
    6. (6)In addition to the above, we may review or use the Content to enhance the Service or to check the status of compliance with laws and regulations. However, we assume no obligation to conduct these actions.
  4. Gameplay Video
    1. (1)You agree that the built-in camera on DARTSLIVE may record your gameplay video (“Gameplay Video”).
    2. (2)You agree that
      Gameplay Video can be viewed from your device and recorded on it.
      Gameplay Video can appear on the monitor of the DARTSLIVE machine you are playing. Gameplay Video can be available to the users of the Service to whom you gave permission to view. Your gameplay video can be used for the purposes described in these terms of use.
      However, we are not responsible to make all these functions available in the Service.
    3. (3)In addition to the preceding item, we can use Gameplay Video for enhancement of the Service and prevention of fraudulent acts. You agree to the above use by us.
  5. Privacy
    1. (1)We will handle your personal information appropriately in accordance with our Privacy Policy.
    2. (2)Please be aware of the extent of the disclosure if and when you post any personal information through the Service.
  6. Method of Contact
    1. (1)We will make announcements regarding the Service for its users on an appropriate location on our websites, applications and other media in a method we consider as suitable.
    2. (2)If you would like to submit any comments or queries about the Service, you may use our contact form on our website or other methods we provide.
  7. Advertisement
    We may show our or third party ads on the Service.
  8. Change of Contact Information
    If your contact information, such as; email address or other information that are provided to us changes, you shall notify us promptly.

Section 4 Ownership of Copyright and Other Rights

  1. We or rightful third party owners of the materials own the intellectual properties and other rights and information including the copyright related to the Service. Without any prior consent from us or the rightful owner of the materials, you may not copy, transfer, lease, lend, rent, distribute, alter, publish, transmit (or make the material transmittable) or publicly display the material or information from the Service beyond the extent allowable under laws and regulations.
  2. We do not grant you any right to use our trademarks and logos such as “DARTSLIVE” and all associated intellectual properties.
  3. You agree to grant us the right to copy and use the Content free of charge without any limitation of time and region.

Section 5 Service Fee and Method of Payment

  1. We will provide information on the service fees of our Paid Service (“Service Fee(s)”) and payment methods separately.
  2. Once you pay Service Fee or other fees, no refund is available.
  3. No such payment methods are available when the name of the payer does not match the Service user.
  4. Before using a payment method that you choose, you must read and understand terms and conditions thereof. We are not responsible for any trouble arisen between you and your settlement company.

Section 6 Cancellation of Paid Service

  1. Cancellation of Paid Service must be done online. You understand that you are not able to use Paid Service from the date of cancellation.
  2. Any online cancellation of Paid Service is deemed to be made at your own will.

Section 7 Indemnification

  1. We offer no guarantees about such things as the completeness, accuracy, or utility of the Service and any information provided by the Service.
  2. We take no responsibility for the use of any service provided by or any act by any third party other than us.
  3. In case we incur any liability for damages, our liability shall be limited to actual and direct damages up to the price you paid to us as the Service Fee in the past one year, calculating retroactively from the time when the cause of the damage accrued.
    Regardless of our predictability, we are not liable for damage such as those resulting from special circumstances, lost profits, or any consequential damages. Provided however, the foregoing shall not apply to the case the damage results from our intentional acts or gross negligence.
  4. We are not liable for any claims or damages if the Service is canceled or terminated due to any reasons not attributable to us.

Section 8 Change and Suspension of the Service

  1. Part or all of the Service may be unavailable without prior notice for network preparation, system problems, regular and irregular maintenances or to prepare for any event of force majeure including natural disaster, conflict and war, or any other case where we determine that the Service is in need of suspension or termination. We do not guarantee that the Service is not suspended or terminated.
  2. In spite of the preceding paragraph, we may change, cancel or terminate the Service at any time with notification to users 30 days prior thereto, online or with other methods. However, this is not applied to any minor changes.

Section 9 Prohibited Activities

  1. You shall not engage in the following:
    1. (1)Any act in violation or possible violation of laws or regulations
    2. (2)Any act offensive or may be offensive to public order and morals
    3. (3)Any act that may infringe upon our right or any third party’s
    4. (4)Any act to spread false or misleading information purposefully or to pretend to be us or a third party
    5. (5)Any act to collect, disclose or offer personal or registered information of third parties illegally
    6. (6)Any act of causing trouble or disturbances to the server and the network system of the Service
    7. (7)Any act, such as; making fake inquiries and unjust claims
    8. (8)Any act that might offend other users, such as; soliciting to join commercial, and non-commercial organizations including political and religious ones
    9. (9)Any act to assist or provide profit to antisocial forces
    10. (10)Fraudulent acts and acts to unduly change darts game results
    11. (11)Any act violating to these Terms of Use
    12. (12)Other acts considered by us as inappropriate for the Service
  2. We may take necessary measures including removal and deletion of the Content and fraudulent game results without any prior notice when we regard that as inappropriate, or when one of the acts listed in the previous paragraph occurs. However, we do not assume any obligation to remove such Content.

Section 10 Cancellation

We may cancel the Agreement without any notice if you violate any provision of these Terms of Use.

Section 11 Severability

If one or more provisions of these Terms of Use or the Agreement is found to be unlawful, void or unenforceable according to mandatory provisions of the law such as consumer protection law, such provision(s) shall be deemed severable and shall not affect the validity and/or enforceability of the remaining provisions of these Terms of Use or the Agreement, which will remain in full force and effect.

Section 12 Non-Assignability

You may not assign any right, position or interest of the Agreement to any third party.

Section 13 Applicable Law and Venue

  1. These Terms of Use and the Agreement are governed by and are to be construed and enforced under the laws of Japan, without applying any conflicts of law principles that would require application of the law of any other jurisdiction.
  2. All disputes arising between you and us in connection with these Terms of Use or the Agreement are to be submitted to the exclusive jurisdiction of the Tokyo District Court or Tokyo Summary Court in the first instance.

Section 14 Modification of these Terms of Use

We may add, revise, or modify these Terms of Use without any prior notice, to reflect the change in social conditions and to better accommodate business and service change. Continuous use of the Service after the modification in these Terms of Use is considered as the acceptance of the revision from you.

Enactment: April 7, 2005
Revision: April 20, 2011
Revision: January 20, 2014
Revision: March 2, 2018
Revision: October 23, 2018
DATSLIVE Co., Ltd.

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