Terms of Use for Fight League™

These Terms of Use have been translated into the English language for reference only. The Japanese version of the "Terms of Use for Fight League" is the only official and complete document approved by mixi, Inc. and thus this English translation of the Terms of Use shall not be legally binding as the "Terms of Use for Fight League" and shall not affect, or be referenced in, the interpretation or construction of the same. Please note that mixi, Inc. does not guarantee, and is not responsible or liable for, the content of these Terms of Use.

Established on May 31, 2017.

Revised March 15, 2018

Article 1: Introduction

  1. 1 “Fight League” refers to the Fight League game application operated by mixi, Inc. ("Company"), a turn-based strategy battle game ("Service", including all the applications required to use this application).
  2. 2 The user of the Service ("User") shall agree to the terms and conditions of these Terms of Use for Fight League ("Terms of Use") before using the Service.
  3. 3 The Company may modify the Terms of Use by giving notice about the details and time of the relevant modification, which may be posted on the Service, individually sent by e-mail, or otherwise announced in an appropriate manner. Unless otherwise stipulated by the Company, the modified Terms of Use shall come into effect on the first use of the Service by the User after the modified Terms of Use are displayed through the Service.
  4. 4 In the event of any discrepancy in the content between these Terms of Use and other terms provided by the Company, these Terms of Use shall prevail with respect to the Service.

Article 2: Licensing of Service

  1. 1 The Company shall grant Users a non-transferable and non-exclusive license to use the Service in accordance with the terms and conditions contained in these Terms of Use.
  2. 2 These Terms of Use do not grant any license to use an upgrade or the like of the Service, which may be developed in the future.
  3. 3 The Company may modify the functions or specifications of the Service without giving notice to Users.

Article 3: Instructions and Directions
for Use of Service

  1. 1 The Service may be made available in a manner prescribed by the Company.
  2. 2 The User shall use the Service at the User’s own responsibility and bear every responsibility for all actions associated with the use of the Service and their results unless they are caused for a reason attributable to the Company.
  3. 3 If the User is underage (under twenty years old), he/she shall use the Service with the prior consent of his/her guardian or person with parental authority.
  4. 4 The Service may connect to and communicate with the network at certain intervals regardless of the presence or absence of a warning prompt. In such event, a separate communication fee will be charged.
  5. 5 Any program data, related document files, etc., which are required to display or operate the Service may be automatically modified or updated without notice.
  6. 6 The Service may become temporarily unavailable while it is being executed if the User is unable to connect to the Service, for example, when moving to a location that is out of communication range, or when the User is unable to communicate due to being in or behind a building or otherwise.
  7. 7 A separate communication fee will be charged to download the Service.
  8. 8 If the User removes the Service from the device or changes devices, his/her entire User information will be unavailable, provided, however, that the User information may be restored from a backup made by him/her in an optional manner. Backups shall be made optionally by the User on his/her responsibility; the Company shall bear no responsibility for such backups and the backed-up User's information under any circumstance unless attributable to the Company.
  9. 9 The Company may display its own and third parties' advertisements through the Service.
  10. 10 The Company may announce new services, distribute advertisements, communicate administrative matters for service operation or provide other information to Users, provided, however, that unless it is necessary for services in connection with the Service, the Company shall not provide information to Users who notify the Company beforehand or subsequently that they do not wish to receive such information.

Article 4: Restriction or Suspension of Use; Discontinuation or Termination of Provision

  1. 1 Depending on the circumstances of the Company, the use of all or part of the Service may be restricted or suspended or the provision of the Service may be discontinued or terminated. The Company shall not be responsible or liable for any damage incurred by the User due to restriction or discontinuation of the use of, or suspension or termination of the provision of the Service unless such damage is caused for a reason attributable to the Company.
  2. 2 If the Company finds that a User breaches any of the provisions of these Terms of Use, or the Service is not used or accessed by a User for a period of six (6) months, the Company shall, without prior notice, be entitled to restrict or suspend his/her use of the Service, or discontinue or terminate the provision thereof to him/her.

Article 5: Rights to Service

  1. 1 Rights to any information posted by a User on the Service ("Posted Information") shall belong to the User as its creator.
  2. 2 Except such rights set forth in the preceding paragraph, the copyrights and other intellectual property rights to any information displayed by the Service shall belong to the Company or third parties.
  3. 3 Users shall grant the Company a worldwide, sub-licensable and non-exclusive license to use their Posted Information to the extent deemed by the Company to be necessary for the provision of the Service, such as operation of the Service and advertising.

Article 6: Grant of Fight Money, etc.

  1. 1 The User may purchase non-free Fight Money in the Service. Fight Money is a in-app currency which is offered for a fee and exchangeable for items and/or content (“Content”), etc. in the Service. The Company may sometimes grant Fight Money free of charge at its own discretion.
  2. 2 Fight Money may be purchased in accordance with the following conditions.
    1. (1) Only a User of the Service may purchase Fight Money.
    2. (2) Fight Money is available for sale in units specified separately by the Company. The Company may set limits on monthly purchasable quantity and accumulated quantity.
    3. (3) If the User purchasing Fight Money is underage (under twenty years old), he/she shall purchase Fight Money with the prior consent of his/her guardian or person with parental authority.
    4. (4) If a User removes the Service, his/her Fight Money shall cease to exist. If a User changes devices, he/she may not transfer his/her Fight Money to the new device. However, if a User makes a backup in an optional manner as set forth in Paragraph 8 of Article 3, his/her Fight Money may be restored or transferred, although the Company does not guarantee such restoration or transfer.
    5. (5) The payment options for the purchase of Fight Money shall be as separately provided by the Company.
    6. (6) The Company will not issue any receipt or the like with respect to payments via Fight Money.
  3. 3. Fight Money may be used in accordance with the following conditions.
    1. (1) Fight Money may be used in the manner prescribed by the Company.
    2. (2) The amount of Fight Money required to be exchanged for content shall be as separately provided.
    3. (3) Unless otherwise stipulated by law, the Company shall not refund Fight Money for any reason.
    4. (4) The User may not cash Fight Money or exchange Fight Money for any goods or services other than content unless otherwise separately approved by the Company.
  4. 4. The Company may issue non-free in-app currency (regardless of name) other than Fight Money or directly offer contents for a fee. In such a case, the provisions hereof specified with respect to Fight Money shall be applied unless otherwise specifically provided by the Company.
  5. 5. If a User fails to pay for Fight Money by the due date, the User shall, as a default interest, pay to the Company an amount calculated at the rate of 14.6% per annum for the period commencing on the day after the due date and ending on the day before the actual payment. Any transfer fees or other costs required for such payment shall be borne by the User.
  6. 6. If the Company finds that a User fails to make payment by the due date, it may, without giving notice to him/her, suspend the use of all the services being provided.

Article 7: Prepaid Payment Instruments

In-app currency designated separately as Prepaid Payment Instruments by the Company is handled as a Prepaid Payment Instrument according to Japanese payment services law. Other Content and/or in-app currency purchased with applicable Prepaid Payment Instruments is considered to be a provision of related goods and/or services and will not qualify as Prepaid Payment Instruments.

Article 8: Service Charge

  1. 1 The Service shall be made available free of charge in principle.
  2. 2 The Company shall give prior notice to and obtain consent of Users if the Company intends to make the Service available with charge.

Article 9: Assignment of Claims

The Company may transfer its receivables to third parties, and Users shall agree that their personal information and the like will be provided to third parties for that purpose.

Article 10: Handling of Personal Information

The Company shall properly handle personal information in accordance with its "Privacy Policy".

Article 11: Prohibited Matters

When using the Service, the User shall not commit acts that:

  1. 1 Do or may breach these Terms of Use;
  2. 2 Do or may infringe on copyrights, trademark rights, and other intellectual property rights of the Company or third parties;
  3. 3 Do or may infringe on the property, privacy, or image rights of the Company or third parties;
  4. 4 Unjustly discriminate, libel, or slander the Company or third parties, or promote unjust discrimination against, defame or discredit, third parties;
  5. 5 Do or may infringe on the rights of the Company, other Users or third parties;
  6. 6 Use a false identity, pretend to have a right of representation or proxy, or act as if he/she had a partnership or cooperative relationship with another person or entity;
  7. 7 Do or may lead to criminal acts such as fraud, abuse of controlled drugs, child prostitution, or illegal trading of bank accounts or mobile phones;
  8. 8 Post or display Posted Information constituting obscenity, child pornography or child abuse, or sell media containing such information, or post or display advertisements suggesting the transmission, display, or selling thereof;
  9. 9 Use the Service for the purpose of sexual or obscene acts or the like;
  10. 10 Use the Service for the purpose of meeting with or dating unacquainted persons of the opposite sex;
  11. 11 Cause others to illegally gamble or solicit others to participate in illegal gambling;
  12. 12 Undertake, mediate, or induce illegal activities (e.g., transferring guns or the like, making explosives, providing child pornography, forging official documents, murder, blackmailing);
  13. 13 Induce or solicit people to commit suicide, or introduce a means of suicide that are highly likely to harm others;
  14. 14 Post or display Posted Information containing photographs or videos of murder or assault scenes, corpses, or other cruel acts, or any other Posted Information that gives others a sense of aversion under normal social conventions or is deemed by the Company to be highly likely to offend other Users;
  15. 15 Open, or solicit others to enroll in, a pyramid scheme;
  16. 16 Post or display Posted Information navigating traffic (or provide links) to adult websites, one-click fraud websites, websites intended to distribute viruses or other harmful computer programs, or any other websites deemed by the Company to be inappropriate;
  17. 17 Without the prior written consent of the Company, duplicate, reproduce, or redistribute the Service or information thereof;
  18. 18 Are intended to trade, in real currency, content, in-app currency, etc. within the Service;
  19. 19 Use the Service for the purpose of profit making whether in or outside the Service;
  20. 20 Provide false information or use the Service for illicit purposes;
  21. 21 Illegally rewrite or erase information stored in the equipment of the Company;
  22. 22 Are intended to benefit himself/herself or third parties (or make the Service proceed favorably) by using actions not contemplated by the Company (including but not limited to defects, bugs, and malfunctions), by intentionally altering data (all the data in the Service such as Content and character parameters) or programs not approved by the Company ("Unauthorized Use");
  23. 23 Develop, distribute, or use tools or programs intended for Unauthorized Use; do or may induce, solicit, or assist third parties to develop, distribute, or use tools or programs intended for Unauthorized Use;
  24. 24 Sends, posts, or uses viruses or other harmful computer programs or the like;
  25. 25 Do or may place a burden on the servers of the Company or third parties or cause trouble to the operation or network system of the Service;
  26. 26 Modify, change, alter, reverse-engineer, decompile, or disassemble the Service;
  27. 27 If he/she is underage (under the age of 20 years old), use the Service without the consent of his/her parent or person with parental authority;
  28. 28 With the knowledge that an act falls under any of those listed in the preceding subparagraphs, are intended to encourage, abet, or solicit others to conduct such act;
  29. 29 Are deemed by the Company to be actual or potential violations of laws or offenses against public order or morals; or
  30. 30 Are otherwise deemed by the Company to be inappropriate, such as causing trouble to other Users.

Article 12: Limitation of Liability

The Company shall compensate for damage if the User suffered damage through the Service for reasons attributable to the Company. The maximum liability of the Company shall not exceed the price of Fight Money purchased by the said User through the Service or one hundred yen (\100), whichever is higher. However, this shall not apply in case that such damage is caused by a willful act or gross negligence on the part of the Company.

Article 13: Assignment of Rights, etc.

  1. 1 Unless otherwise stipulated in the Terms of Use, the User may not transfer or assign to a third party, or otherwise dispose of, any rights or obligations under the Terms of Use.
  2. 2 In the event of the assignment of business related to the Service to a third party, the Company may, in association with such assignment of business, assign its status hereunder, rights and obligations hereunder, and information on the User and others to the assignee, and Users shall agree to such assignment of business in advance. For the avoidance of doubt, such assignment of business shall include not only the ordinary assignment of business, but also any other business transfer such as a company split.

Article 14: Exclusion of Liability

  1. 1 In terms of the Service, the Company shall make no warranty regarding performance, fitness for the purpose of use, or accuracy or reliability of outcome of use, and will not be liable for defect warranty of any kind.
  2. 2 The Company shall not be responsible or liable for any damage, even if such damage was incurred in connection with the contents, use, etc. of the Service, unless such damage is caused for a reason attributable to the Company.
  3. 3 The Company shall not be responsible or liable for any damage incurred by the User due to the addition, modification, suspension, or termination of the Service unless such damage is caused for a reason attributable to the Company.
  4. 4 The Company will not be responsible or liable for any damage arising from a reduced display speed, malfunction, or the like, due to too much traffic or any other unexpected cause.
  5. 5 The Company will not be obligated to supervise or store Posted Information.
  6. 6 The Company may view, save, or disclose to a third party the Posted Information in the following cases. The Company will not be responsible or liable for any damage arising from the said acts unless such damage is caused for a reason attributable to the Company.
    1. (1) The said action needs to be taken in order to find and solve the cause of technical trouble of the Service.
    2. (2) A public agency such as a court or the police make an official legal inquiry.
    3. (3) The Company judges that an act that violates or may violate the Terms of Use has been taken and therefore it is necessary to check the contents of the Posted Information.
    4. (4) The Company judges that there is imminent danger to a person's life, body, property, or the like, and therefore the said act needs to be taken urgently.
    5. (5) Other than the above, necessity arises in order to properly operate the Service.
  7. 7 The Company may take measures which the Company deems as necessary, such as deletion of Posted Information or restriction on using the Service, etc., without prior notice to the User, if the Company judges that there is good reason to believe that the said User has committed an act that violates or may violate the Terms of Use. The Company shall not be responsible or liable for any damage arising from such measures unless such damage is caused for a reason attributable to the Company. The User shall not object to the measures taken by the Company according to the provisions of this paragraph.
  8. 8 In no event shall the Company be responsible or liable for any of following damages caused in connection with the Service regardless of the provisions hereof:
    1. (1) Damage caused for reasons not attributable to the Company.
    2. (2) Damage caused under special circumstances, whether or not foreseeable on the part of the Company.
    3. (3) Damage caused by any acts essential to provide the Service, such as server maintenance.

Article 15: Governing Law and Jurisdiction

  1. 1 These Terms of Use shall be governed by the laws of Japan.
  2. 2 Any questions or disputes with Users in connection with the Service or these Terms of Use shall be settled through good-faith negotiation. The parties agree that the Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction for the first instance over any dispute that remains unsettled after such good-faith negotiation.

Article 16: Others

  1. 1 If any provision of the Terms of Use is held to be invalid by law, the rest of the Terms of Use shall remain in full force and effect.
  2. 2 If any provision of the Terms of Use is held to be invalid or revoked in terms of the relationship with one User, the Terms of Use shall remain in full force and effect in terms of the relationship with other Users.

Supplementary Provision

The Terms of Use shall come into effect as from May 31, 2017.

Translations