Terms

Terms of Use for DARTSLIVE Home dartboard

These Terms of Use (hereinafter called the “Terms”) govern your use of “DARTSLIVE Home dartboard” (hereinafter called the “Product”), a product of DARTSLIVE Co. Ltd.(hereinafter called the “Company”).

Article 1. Scope of Application

  1. The Terms apply to the use of the Product and the services of the Company such as repair (hereinafter called the “Service”).
  2. The Company provides the Service and the Product based on the Terms. Please read the Terms carefully. By using the Product, you agree to be bound by the Terms.

Article 2. Use and repair of the Product

  1. Before using the Product, please read the documents that come with the Product such as User manual, Warranty card and Installation guide sheet. After reading through them, please keep the documents handy for future reference.
  2. The Product is for your personal and non-commercial use only. Commercial use will increase load on the Product and may lead to a fire hazard or product failure. Please make the Product “non-commercial use only”. Even within the warranty period, damages caused by non-personal use such as commercial shall not be covered by the warranty.
  3. Please note that the Company may not be able to meet requests of the Service depending on the conditions such as content of your inquiry, timing and method besides the Service stated in the Terms.

Article 3. Purpose of repair

  1. The Company provides the Service to repair the Product within the warranty period. The Service does not guarantee to meet any special request to satisfy your particular needs or enable any specific features. The Company has sole discretion over deciding if the Product will be repaired or if it will be replaced with the same or equivalent product instead. In the event the Company is unable to repair or finds it is not reasonable to repair, the company will provide a substantially equivalent replacement. The original product or parts replaced in repair will not be returned to you.
  2. The terms and conditions of the warranty of the product (hereinafter called “Warranty”) apply to the Service covered by the Warranty. The Company provides free repair based on the terms and conditions of the Warranty. However, the Warranty does not provide free-of-charge repair for some cases even within the Warranty period. So please read the terms and conditions of the Warranty carefully.
  3. Please note that the Company does not provide the Service with or without payment for the Product with expired warranty.

Article 4. Offer of a substitute machine

Repair under the terms and conditions of the Warranty does not provide any substitute product. The Company has no obligation to offer any substitute product.

Article 5. Holding period of maintenance parts

Holding period of maintenance parts (Parts necessary to maintain the product function) is the period of the Warranty for the Product.

Article 6. Change of address

  1. If you need to update the address due to moving before the Warranty expires, please contact us promptly.
  2. Even if a sent package is returned back to the Company because the shipper has determined the package is undeliverable, the Company regards the package was delivered to you by sending it to your registered address.

Article 7. Intellectual properties

  1. All content, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data and software included or used in the Product are the exclusive property of the Company.
  2. The Company does not permit you to use of its trademarks such as “DARTSLIVE” or logos.

Article 8. Disclaimers

  1. The Company shall not be liable for any direct, indirect, incidental, special or consequential damages, loss or inconvenience caused by any failure of the Product.
  2. Regardless of any illegal act, omission or default, our entire and aggregate liability to you shall in no circumstances exceed the Price of the Purchase giving rise to the claim.

Article 9. Severability clause

If one or several of these clauses are legally void or incomplete in parts or in total, the other clauses remain unaffected thereby.

Article 10. MODIFICATION OF THESE TERMS OF USE

The Company reserves the right to modify the Terms at any time and in any manner at its sole discretion. Notice of any modification of the Terms will be posted in this section of the website, and any such modifications will be effective upon the posting of such notice. Please check this section of the website before requesting the Service including repair.

Terms of Use for the DARTSLIVE Home App

The use of the software called “DARTSLIVE Home App” (the “App”) to be provided by DARTSLIVE Co., Ltd. (“DARTSLIVE”) shall be in accordance with these terms of use (these “Terms of Use”). If you do not agree with these Terms of Use, you may not use the App. By using the App, you are deemed to have agreed with these Terms of Use.

Article 1: The App

  1. The App is a darts game software that is provided for private, non-commercial use on information devices separately specified by the Company (the "device(s)") in accordance with the terms and conditions set forth in these Terms.
  2. The App has been prepared upon the expectation that you will purchase the following equipment (separately sold) at your expense and use such equipment together for non-commercial purpose.
    ・DARTSLIVE Home dartboard
    ・DARTSLIVE-200S dartboard

Article 2. Method of Use

  1. You are required to provide at your expense, the necessary dart equipment for the use of the App (i.e. darts, a dartboard stand, etc.).
  2. You may download and use the App without charge: provided, however, that DARTSLIVE may provide optional paid services with regard to the App and such prices will be informed via the process specified by DARTSLIVE.
  3. The data transmission expenses required for the use of the App and the expenses for the Information device, etc., shall be borne by you.

Article 3. Notes on using the App

  1. You shall use the App at your own responsibility after having understood the contents of these Terms of Use.
  2. You may not be able to sufficiently use the functions of the App due to any status of receipt of reception of the devices or other limitations on the functions of the devices. In addition, some functions of the devices may be limited or may not be sufficiently available when you use the App.
  3. This App is provided non-exclusively for personal and non-profit use.
  4. It is strictly prohibited to sub-license, rent, lease, transfer or otherwise distribute the App or the rights to use the App.
  5. DARTSLIVE may upgrade the version of the App without providing prior notice to you. In relation to upgrading the version, DARTSLIVE may add, amend, delete, etc. the contents of the App at DARTSLIVE’s sole discretion.
  6. If you delete or uninstall the App at your devices, or change the devices, you will not be able to continue to use the information which has previously been used for the App. In addition, please pay attention to the fact that if you intend to start again the use of the App, you are required to separately download the App.
  7. DARTSLIVE shall properly handle the privacy information including your personal data in accordance with DARTSLIVE’s Privacy Policy.
  8. DARTSLIVE may post advertisements on the App for DARTSLIVE or any third parties.
  9. Instructions and directions for use of the App and the dedicated dartboards “DARTSLIVE-200S” and "DARTSLIVE Home dartboard" are provided in the instruction manual that comes with the dartboard. You are required to read the instruction manual and use the App in accordance with the manual.
  10. You may not be able to use all or part of the App during its system maintenance, etc.

Article 4. Intellectual Property Rights

  1. The intellectual property rights and any other rights relating to the App shall belong to DARTSLIVE.
  2. DARTSLIVE does not grant any rights to you concerning “DARTSLIVE” trademark(s), or any other trademarks or logos possessed by DARTSLIVE.

Article 5. Exemption from Liability

  1. Although DARTSLIVE has taken all possible measures and precautions in its proper provision of the App, DARTSLIVE provides no warranty as to the completeness, accuracy, usefulness, etc., of the contents of the App and the information or the like to be provided thereby. Furthermore, DARTSLIVE provides no warranty that there are no defects in the App and that the App shall function free of defects, etc.
  2. DARTSLIVE shall not be deemed liable, in any way, for any acts or services conducted by any entities other than DARTSLIVE in the use of the App.
  3. Except for the cases of DARTSLIVE’s willful intention or gross negligence, DARTSLIVE shall not assume any liability for any damage suffered by you.
  4. Even if DARTSLIVE suspends or discontinues its provision of the App, DARTSLIVE shall be exempt from any demand made by you. This exemption is explicitly for all cases, regardless of the grounds.
  5. DARTSLIVE assumes no obligations to store data, including, without limitation, scores, obtained during use of the App. If you wish to backup such data, you are requested to do so at your own responsibility.
  6. DARTSLIVE may, at its own discretion, provide services related to the App. However, even if DARTSLIVE suspends or discontinues its provision of such services later, DARTSLIVE shall be exempt from any demand made by you.

Article 6. Prohibited Acts

In your use of the App, you shall not engage in any of the following

  1. Any acts in violation of these “Terms of Use”.
  2. Use of the App for any purpose other than the purpose which DARTSLIVE intends.
  3. Any acts of breaching laws and regulations.
  4. Any acts of breaching public order or morals.
  5. Any acts of infringing the rights of DARTSLIVE or any third party.
  6. Any acts of interfering with the servers or network systems of the App.
  7. Any acts of making unjust inquiries or demands.
  8. Any acts of granting benefits to or engaging in cooperative acts for any anti-social forces.
  9. Any commercial use of the App or preparation for it with the App without prior approval by DARTSLIVE.
  10. Any duplication, reproduction, release, modification, disclosure, secondary use or transfer of the App or any part of it.
  11. Any acts of reverse engineering, decompile, disassemble or otherwise attempt to recreate the source code of the App or part of it.
  12. Any other acts deemed by DARTSLIVE to be improper in the use of the App.

DARTSLIVE may take necessary action such as deleting accounts, deleting content, or deleting play results obtained through improper acts without prior notice to the users where DARTSLIVE deems the actions to be inappropriate, such as in the cases listed above. However, decisions on these matters shall be left to the sole discretion of DARTSLIVE.

Article 7. Severability Clause

If any part of these Terms of Use is found to conflict with the mandatory provisions prescribed in Consumer Protection related laws and regulations or other mandatory provisions and thereby such part is deemed not to take effect, the provisions other than such conflicting parts shall remain in full force and effect.

Article 8. Non-Assignment

You shall not assign, lend to any third parties or cause any third parties to assume from you any rights, status or interest relating to these Terms of Use.

Article 9. Governing Law and Jurisdiction

  1. Any matters relating to these Terms of Use, including the formation, interpretation, or effect of these Terms of Use shall be governed by the Laws of Japan.
  2. Any disputes arising out of these Terms of Use between you and DARTSLIVE shall be exclusively submitted to the Tokyo District Court or the Tokyo Summary Court in the first instance.

Article 10. Amendment to Terms of Use

  1. DARTSLIVE may revise, add to, or amend these Terms of Use without prior notice. In this case, DARTSLIVE shall notify its users of the revised Terms of Use in a manner prescribed by DARTSLIVE.
  2. Amendments or changes to these Terms will be effective from the day of the notification via the process specified by DARTSLIVE. By continuing to use the App after amendment of these Terms of Use, you are deemed to have agreed with these Terms of Use after amendment.