Terms of Service
クレーンゲームジャパン株式会社(hereinafter referred to as the 'Company') has established the following Terms of Use for 'iCatch Online' provided by the Company. By using the Service, you will be deemed to have agreed to the terms of these Terms and Conditions. Please acknowledge it beforehand.
- Article 1 Definitions
-
In these Terms and Conditions, the following terms shall have the meanings defined in the following paragraphs.
- 'Company' means クレーンゲームジャパン株式会社 which provides the Service.
- 'Services' means 'iCatch Online' and its associated services provided by the Company.
- 'User' means the customer who agrees to these Terms and Conditions and uses the services provided by the Company.
- 'Terms' means these Terms of Use.
- 'Account' means the collection of information (e.g. password, game data, etc.) that can be used to identify a User.
- 'Password' means the cipher consisting of a combination of letters and numbers established by the User and specified by the Company.
- 'Points' means the virtual currency used to access the content provided in the service.
- '1 Play Ticket' means the ticket that entitles the holder to use a portion of the content provided in the service.
- 'Prize' means the item that can be obtained from the content provided in the service.
- 'Registration' means that a member ID is given and the service becomes available for use.
- Article 2 Terms and Services
-
- The User will be given an Account to use the Services provided by the Company upon the Company's approval of the User's Registration.
- If a person who wishes to use the Service is a person with limited capacity to act including but not limited to a minor, the consent of a legal representative such as a person with parental authority shall be obtained in advance when using the Service. If a minor or a person with limited capacity to act agrees to these Terms of Use, he/she shall be deemed to have obtained the consent of his/her legal representative.
- Various rules, guidelines, agreements and notices, etc. (hereinafter referred to as 'Individual Terms') that are separately established for the Service, regardless of the type of issuance method, shall be integrated with these Terms. If there is a difference in the content of the Individual Terms and these Terms and Conditions, the content of the Individual Terms shall take precedence, but if these Terms and Conditions or the Individual Terms stipulates otherwise, they will precede.
- The Company may provide information about the Service, including the various terms and conditions, through the Company's website or by other means of the Company's choosing, such as sending e-mail, and the User shall be deemed to have agreed to this in advance.
- The Company shall not be liable for any direct or indirect costs or damages incurred by the User in connection with changes to the contents of the Service.
- The Company reserves the right to modify these Terms of Use without prior notice. Any changes shall take effect when the latest version of the Terms is posted on the Service and made available to Users.
- The Company shall provide the Service and all information regarding the Service in Japanese.
- Article 3 Registration of the User
-
The User can use all the services with the issuance of a member ID and registering to use the Service. Upon Registration, the User is deemed to have agreed to these Terms of Use.
The member ID granted cannot be changed unless the Company accepts an application for change and the Company reissues it.
- The Service grants one ID for each User who registers to use the Service.
- As a general rule, each User is allowed to have one ID, and possession of multiple Accounts is prohibited. If a User is found to have multiple Accounts, his/her Accounts will be deleted without prior notice. In this case, all Prizes won under the deleted ID will be confiscated and will not be sent out.
- The rights and qualifications of a User are exclusive to the registered User. Under no circumstances may such rights be shared with a third party, or transferred, sold, renamed or pledged to a third party, or put up as collateral whether for compensation or free of charge.
- The Company may refuse a User's Registration if the person who intends to use the Service falls under any of the following reasons.
- If the User have violated the Terms in the past
- When the contents of the Registration are false
- Anti-social forces, etc. (meaning organized crime groups, organized crime group members, organized crime group quasi-constituents, organized crime group-related companies, general meeting of shareholders, etc., or a person who have a close relationship with them or person who are similar to them; the same shall apply hereinafter) or when the Company deems the User supports or is involved with the anti-social forces by providing funds or other means.
- In any other events where the Company deems it inappropriate to approve Registration application
- Article 4 Personal Information
-
- The privacy policy of the Service is applied to the personal information registered by the User. The privacy policy of the Service will be posted in the service.
- The Company shall be able to record and store the access log of the IP address and the date and time of use when the User uses the Service. The Company may disclose such IP addresses and access logs only in the event that the Company is requested to do so based on an investigation, judicial decision, or other legal procedure, or in the event that the Company receives a referral from a legal body such as a bar association based on a legitimate reason.
- Article 5 User's own responsibility
-
- The User shall use the Service at the User's own risk, and agrees to take full responsibility for any and all actions (including, but not limited to, violations of the Terms), results, and damages resulting from the User's use of the Service, and is liable for the compensation (including but not limited to the litigation cost) for the damages incurred by the User’s act. The Company shall not be liable for any damages incurred by the User.
- In the event that the User defames another person through the use of this Service, violates the privacy rights of another person, discloses the personal information of a third party without permission, or violates any other rights of a third party, the User shall resolve the matter at his or her own risk and expense, and shall not cause any inconvenience or damage to the Company or any third party.
- The User shall prepare and implement, at his/her own expense and responsibility, communication equipment, software, telephone line usage contracts, and subscriptions to internet service providers in order to use the Service.
- The User shall manage his/her Account ID and Password at his/her own risk. The Company shall not be liable for any damages incurred by the User due to unauthorized use of the Password by a third party. In addition, in the event that the Company or a third party suffers damage as a result of such unauthorized use, the User concerned shall bear all responsibility.
- The User shall promptly report to the Company in the event where he/she finds other Users violate the Terms.
- The User shall promptly revise the registered information in accordance with the procedures prescribed by the Company, in the event that it becomes necessary to revise the information registered at the start of the Service.
- Article 6 Restrictions on Use of the Service
-
- The Company may restrict the use of the Service by the User without prior notice to the User in the event that any of the following events occur. The method and content of the restriction may be determined at the Company's discretion.
- If the User's conduct may conflict with or violate these Terms of Use, or if the User violates them
- In the event that a third party uses the Service illegally by leaking the User's Password, or in the event that a third party uses the Company's other services illegally, or in the event that there is a risk of such use
- When it is judged that the Company's business, including the Services, will be hindered by the User's conduct
- In the event that a User who has acquired multiple Accounts commits an act in violation of the preceding paragraph on any of the acquired Accounts, the Company may impose usage restrictions not only on the Account in violation but on all Accounts held by the User.
- The Company may restrict the use of the Service by the User without prior notice to the User in the event that any of the following events occur. The method and content of the restriction may be determined at the Company's discretion.
- Article 7 Withdrawal from the Service and Cancellation of User Registration
-
- In the event that a User wishes to withdraw from the Service, the User may do so in accordance with the withdrawal method specified by the Company on the Service. In that case, the User will not be required to pay any cost associated with withdrawal from the service. After acceptance of the withdrawal request in this section, the membership will be terminated with the cessation of email distribution from the Service. Please note that no Prizes will be sent out upon withdrawal from the Service.
- In the event that the Company restricts the use of the Service due to a User's violation of Paragraph 1 of the preceding Article, the Company will notify the User of the reason for the restriction of use and set a reasonable period of time for the User to correct and resolve the reason. If the User does not correct or resolve the reason for the restriction within the period of time specified by the Company, the Company may cancel the registration of the User and suspend the use of the Service.
- In the event that the Company restricts the use of the Service due to a User's act in violation of Paragraph 1 of the preceding article, and if the Company determines that the User's act is extremely malicious or causes extensive damage to the Company, the Company may, notwithstanding the provisions of the preceding paragraph, cancel the User's registration and suspend the use of the Service without notice to the User.
- The Company shall not be liable for compensation for damages or any other liability for any consequences or damages incurred by the User or any third party as a result of the implementation of the measures described in the preceding two paragraphs.
- Article 8 Non-warranty items
-
The Company makes no warranty to the User regarding the reasons set forth in the following items. In addition, even if any of the circumstances specified below occur, the Company shall have no obligation to correct the problem, and even if any damage occurs to the User as a result of the occurrence of said circumstances, the Company shall have no obligation to compensate for any damage.
- The operation of the Service is always normal.
- There are no defects, bugs or other malfunctions in the software or any other data or information provided on the Service.
- The Service will be provided in a timely manner without interruption and the User will always be able to access the server when using the Service.
- The contents and methods of the Service are consistent with the User's wishes and specific objectives.
- The information provided by the Service is accurate and reliable.
- The information sent and received by the User through the Service will be displayed correctly on the screen, will be stored on the designated server, and will reach the Company or a third party including the Company and other Users.
- Safety of the Service (including the fact that the Service does not interfere with the devices or Internet environment of Users who use the Service)
- Article 9 Interruption and suspension of the Service
-
- In the event that the provision of the Service becomes difficult due to any of the following reasons, the Company may, at its discretion, temporarily suspend the provision of part or all of the Service without prior notice to the User.
- Natural disasters (earthquakes, tsunamis, floods, eruptions, etc.), force majeure (wars, disturbances, riots, etc.) and infrastructure accidents (fires, power outages, etc.)
- Periodic or urgent maintenance related to the system of the Service
- Instructions or orders from laws or administrative agencies
- For other operational or technical reasons
- The Company may discontinue the provision of part or all of the Service at any time, for any reason, at its discretion. In the event of cancellation, the Company will notify the User on the Company's service at least 30 days prior to the scheduled date of cancellation.
- In the event that the Company suspends or discontinues the provision of part or all of the Service in accordance with the preceding two paragraphs, the Company shall not be liable for any costs or damages incurred by the User or any third party.
- The Company will not respond to any data disclosure requests from Users regarding their personal information or Points held at the time of temporary suspension or discontinuation of the Service according to Paragraph 1 or 2.
- In the event that the provision of the Service becomes difficult due to any of the following reasons, the Company may, at its discretion, temporarily suspend the provision of part or all of the Service without prior notice to the User.
- Article 10 Ownership of Rights
-
- The information, programs and software, images, trademarks, trade names, know-how, trade secrets (hereinafter referred to as 'Information, etc.') contained in the Service and the rights associated with them (including, but not limited to, intellectual property rights such as patent rights, utility model rights, design rights, and copyrights) belong to the Company, its affiliates, and third parties who own the rights (hereinafter referred to as the 'Rights Holders').
- The User may not modify, translate, reproduce, edit, reprint, distribute, sell, publicly transmit, or otherwise use or exploit the Information, etc. contained in the Service, unless prior written permission has been obtained from the Rights Holder, etc., or unless use or exploitation is permitted by law without permission from the Rights Holders.
- With respect to the various proposals, etc. concerning the Service that a User has made, published, or presented (hereinafter referred to as 'Proposals, etc.') in connection with the use of the Service, the Company shall be able to use such Proposal without obtaining the consent of the User who made the Proposal.
- Article 11 Prohibited Matters
-
In addition to the prohibitions set forth separately in these Terms of Use, Users shall not engage in any of the following acts on the Service.
- Acts that violate or may violate these Terms of Use
- Acts that cause or may cause damage to the Company, Rights Holders, other Users, or other third parties
- Acts that infringe or may infringe on the intellectual property rights, privacy rights, or other rights of the Company, Rights Holders, other Users, or other third parties
- Acts that discriminate and slander against the Company, other Users, or other third parties, or otherwise damage the reputation or credibility of others
- Infringement of the confidentiality of other people's communications
- Acts that violate laws and regulations or public order and morals
- Acts that promote or facilitate criminal acts or acts that have the potential to do so
- Transferring, lending, or succeeding to data or Information, etc. obtained through the use of the Service (including copies thereof) to a third party, whether for a fee or free of charge, except as permitted by these Terms
- The act of publishing or redistributing the information, content, or works published in the Service in any place including the website of the Company or the User, regardless of the method, without obtaining prior consent from the Rights Holders, and the act of publishing or redistributing of the edited, falsified, or altered information, content, or works published in the Service or the method of altering, falsifying, or editing them.
- Acts that interfere with the operation of the Service or that may interfere with the provision of the Service, such as interfering with the network system in the Service or the access or operation of other Users (including acts that use or provide harmful programs such as computer viruses, or acts that may do so)
- Posting, disclosing, providing, sending, or transmitting any content that is or may be libelous, harassing, obscene, or otherwise objectionable to other Users
- The act of impersonating another person
- Commercial, religious, or political activities within the Service, as well as acts of solicitation or preparation for such activities
- Conducting business activities, other commercial activities, or preparatory activities for such activities within the Service
- Interfering with the exchange or sharing of information led by other Users or third parties
- Asking for or disclosing another User's Account ID or Password (including the User's own Account ID and Password), whether inside or outside of the game
- Use or provision of harmful programs such as computer viruses, or acts that may lead to such use or provision
- Developing, distributing, or using (including inducing or recommending a third party to do so) unauthorized tools, server emulators, client pirated versions, or other utilities for the purpose of unauthorized use, in order to gain unauthorized access to the Service, or inducing a third party to gain unauthorized access
- Involvement in bugs in the programs or software (including client software and server software) of the Service for illegal purposes, informing other Users of such bugs, and using them
- Modification, analysis, publication, amendment, adaptation, creation of secondary works, decompilation, disassembly, and reverse engineering of communication data and programs, etc. of the Service
- In addition to the preceding paragraphs, any and all actions that are detrimental to the Company, the User or a third party
- Article 12 Points / 1 Play Tickets / Paid Services
-
- The User can use the contents in the range specified by the Company by using Points/1 Play Tickets in the way specified by the Company. Points/1 Play Tickets can only be used within the services specified by the Company.
- Unless otherwise approved by the Company, the User may not allow a third party to use, lend, transfer, sell, or pledge the right to use Points/1 Play Tickets and content.
- Unless otherwise approved by the Company, the User may not request a refund of Points/1 Play Tickets or an exchange of Points/1 Play Tickets for content other than that specified by the Company.
- If the User lose his/her eligibility to use the Service due to withdrawal, etc., the User will also lose unused Points/1 Play Tickets.
- A certain number of Points and Tickets will be awarded with expiration date.
- Points/1 Play Tickets distributed through log-in, registration, events, and supplementation have an expiration date of one day or longer. *However, it is subject to change depending on timing or events
- Points purchased through Point Charge will be valid for 150 days from the date of purchase.
- The Company may, at its discretion, set a separate limit on the amount of payment of the Paid Services by Users.
- In the event that a dispute arises between a User and a billing and settlement company or a settlement agency used by the Company for paid services over fees and other financial obligations, the dispute shall be resolved between the User and the relevant party, and the Company shall not be involved in it at all and shall not be responsible for it at all.
- Credit card and its information such as expiration date is basically handed over to outsourced settlement agency of the Company and not kept by the Company.
- Article 13 Recovery measures and liability for damages
-
- In the event that a User violates any of the prohibitions in the preceding article, the Company may take all necessary and appropriate measures to recover it and to ensure the proper and smooth use, provision, and operation of the Service.
- In the event that the Company or a third party suffers damage as a result of a User's violation of the provisions of the Terms, the User shall be liable for compensation for such damage based on a claim by the Company or the third party.
- Article 14 Dispatch and expiration of Prizes
-
- The Company shall promptly dispatch Prizes won by Users upon receiving a request for dispatch from the User. However, this will be subject to the scheduled shipping date set for each Prize.
- The delivery of the Prize requires the use of Points or payment of fees by credit card unless otherwise specified by the Company.
- In the event that a Prize is sent to the wrong shipping address, or is not received past the delivery company’s storage period due to the absence of the User of for any other reasons, the Prize will be returned to the Company and then held by the Company for two weeks. If the storage period has expired, the User will lose all rights to the Prize and the Company may dispose of the Prize at its discretion, and the Company will not be obligated to refund the Prize purchase price, Points used for shipping, or fees paid.
- The ownership and risk of the Prize shall be transferred from the Company to the User upon delivery of the Prize to the User.
- Article 15 Disclaimers
-
- The Company assumes no responsibility for the development, operation, or provision of the Service to Users. Even if any problems, disputes, or troubles (including those between Users) occur to Users in relation to the Service or through the use of the Service, the Company shall not be held responsible for these.
- In the event of a failure of the equipment providing the Service, trouble, power failure, abnormalities in communication lines or other force majeure (hereinafter referred to as 'Force Majeure'), the User's membership information, lottery result data and other data related to the User may be lost. The Company will not be responsible for any damage caused by the disappearance, loss or delay of User's data due to Force Majeure, unless the Company has intentional or gross negligence.
- In spite of the provisions of the Terms, even if the Company's exemption from liability provided for in the Terms is not recognized by mandatory laws and regulations or final judgments of the courts, the Company shall be liable for compensation only for damages directly suffered by the User, and shall not be liable for compensation for lost profits, consequential damages, or other indirect damages. The maximum amount of compensation for damages that the Company shall be liable for shall be the amount equivalent to the Service usage fee paid by the relevant User.
- The User shall use his/her own judgment and responsibility to avoid excessive use of the Service that may disrupt a healthy living environment. The Company shall not be liable for any social, mental, or physical damage caused by the User's deviation from appropriate use.
- The Company will not redeem or refund any Points/1 Play Ticket balances held by the User for any reason whatsoever.
- The User will lose all rights to the Prize after the hold period (14 days from the date of acquisition of the Prize) has expired. The Company will have no obligation to the User, including retention or delivery. The Company shall not be liable to the User for any Prizes delivered to the User prior to the holding period (within 14 days of the date of acquisition of the Prizes), including the quality of the Prizes, except in the case of damage during delivery.
- Article 16 Governing Law and Dispute Resolution
-
These Terms of Use shall be governed by the laws of Japan. In the event that any problems, disputes, or troubles arise between the User and the Company in relation to the Service, the parties shall attempt to resolve them through consultation in accordance with the principle of good faith. In the unlikely event that a resolution cannot be reached through consultation between the parties concerned, the Osaka District Court shall be the court of exclusive jurisdiction for the first instance to resolve the matter between the parties concerned.