These “Hamster Valley” terms of service (these “TOS”) provide for conditions and other necessary matters concerning the use of “Hamster Valley,” a gaming application for iOS, (hereinafter “Service”) provided by SUCCESS Corporation (hereinafter the “Company”), and the Company will provide the Service to a registered user (hereinafter a “User”) who consents to these TOS, and registers for the Service.
2. Definition
2.1. The “content” means compositions, voices, music and other sounds, images, videos, software, programs, codes, and other data.
2.2. The “Content” means content that a User may access through Service.
2.3. The “User Information” means any information that a User provides to the Company for the purpose of User registration or receiving User services (including but not limited to registration ID, password, sex, birth date, and other information).
2.4. The “Game Data” means all information that arises, or is recorded or accumulated with a User’s use of Service (including but not limited to items, characters, avatars, in-game money, levels, statuses and other information).
3. Consent to Terms of Service
A User will use Service in compliance with the provisions of these TOS, and may not use Service, unless the User gives effective and irrevocable consent to these TOS.
4. Use by Minor
4.1. A person under the age of 13 who resides in the US may not use Service.
4.2. A User who is a minor will in advance obtain the consent (including the consent to these TOS) of his/her guardian or other legal proxy for the use of Service. When a minor consents to these Terms, the consent of his/her legal proxy will be deemed to have been obtained.
4.3. With respect to a minor User’s purchase of paid content, the Company may set an upper limit on the amount of purchase, or limits on the method of payment according to the User’s age. The minor User will use paid content in compliance with such limits.
4.4. If a minor User uses the Service by making a false statement that he/she has obtained the legal proxy’s consent or that he/she is of adult age, or by using other fraudulent means so that misunderstanding that he/she is a person with the capacity to act is induced, any of his/her legal action concerning the Service may not be avoided.
4.5. When a User who was minor at the time of consent to these TOS uses Service after he/she has reached the legal age, the User will be deemed to have affirmed retroactively all legal action the User made concerning the Service when he/she was minor.
5. Revision of Terms
5.1. In the following cases, the Company may at its discretion amend these TOS:
(i) if the amendment to these TOS conforms to the general interest of Users; or
(ii) if the amendment to these TOS does not run afoul of the purpose of the contract, and it is reasonable in light of the circumstances concerning the amendment such as the necessity of the amendment, the appropriateness of the details of the amended conditions and the details of the amendment.
5.2. If the Company is to amend these TOS, the Company shall, by the time when the amendment takes effect, notify Users of, or disclose to the public, the intention to amend the TOS, the details of the amended TOS, and the time when the amendment takes place, by an appropriate method such as posting them on this website.
6. Account
A User will appropriately manage and keep his/her password and ID for the Service at his/her responsibility, and will not allow a third party to use them, or lend, assign or sell them to a third party, or change the holder’s name. The User will be responsible for damage caused by inadequate management, erroneous use, or use by a third party of the password or ID, and the Company will under no circumstances be responsible for it.
7. Use of Service
7.1. The Service is available only for a User’s personal use, and a User will not use it for any purpose (including sale, distribution, or development) other than personal use. A User will also use the Service solely in conditions as provided by the Company, and will not duplicate, modify, change, alter or adapt it.
7.2. The Company may provide all or part of Service to limited Users who satisfy the conditions deemed necessary by the Company including the age, or whether or not the individual is identified or information is registered, and a User consents to it in advance.
7.3. A User will, at his/her sole responsibility, arrange hardware, telecommunications lines and other facilities, and bear charges for electricity and telephone, costs required for Internet connection, or fees for Internet cafe necessary for the use of the Service. A minor User will use facilities and services that his/her guardian or other legal proxy approves for the User’s use.
8. Discontinuance of Use of Service
8.1. A User who wishes to discontinue the use of the Service will make deregistration for the Service personally by the method prescribed by the Company. A User who discontinues the use of the Service also acknowledges that the Company will under no circumstances reimburse any usage fee already received, return in-game money, or make any other refundment; provided, however, that this does not apply when required under legislation.
8.2. A User who discontinues the use of Service pursuant to the preceding paragraph will naturally lose the benefit of time with respect to any liabilities which the User may owe to the Company, and will immediately repay all liabilities to the Company.
8.3. When a User discontinues the use of Service, the Company may, at its discretion, without advance notice, delete his/her User Information and Game Data stored in the operation system server, and the User agrees that any content that remains in Service at the time of discontinuance may disappear.
9. Deregistration
9.1. If the Company determines that a User falls under any of the following items, the Company may, without advance notice, delete all or part of the Game Data and other information of the User, discontinue the provision of Service, cancel his/her User registration, rescind the use agreement for the Service, or take other measures that the Company deems necessary and appropriate:
(1) If a User engages, or the Company determines that a User engages, in any prohibited act specified in items of Article 15;
(3) If a registered User is a person who does not exist;
(4) If a User is a person whose User registration has been removed in the past due to his/her violation of these Terms;
(5) If a User is in arrears of payment of, or fails to pay, charges for the Service or other liabilities;
(6) If the Company confirms the death of a User, or a User loses the capacity to hold rights;
(7) If a User suspends payments or becomes insolvent, or any bankruptcy, civil rehabilitation, corporate rehabilitation or special liquidation proceedings are commenced, or there is a petition filed for the commencement of such proceedings;
(8) If a User fails, for a period of 30 days or more, to respond to an inquiry or other communication from the Company which requires an answer;
(9) If a User has not used Service for a period of 365 days or more;
(10) If a User is a person who has in the past received a disposition of compulsory removal by the Company due to his/her violation of these TOS or other rules for service;
(11) If User Information provided to the Company is false or incorrect in whole or in part, or there is an omitted item;
(12) If a User is a person who is a minor or under adult guardianship, curatorship or assistance but has failed to obtain the consent of his/her legal proxy, guardian, curator or assistant;
(14) If the Company determines that a User is antisocial forces (organized crime groups, member of organized crime group, rightist organization or other antisocial forces, or any other equivalent person), or cooperates for or engages in the maintenance, management or operation of antisocial forces through funding or otherwise, or interacts or gets involved with antisocial forces in any other way; or
(15) Otherwise, if the Company determines that a User’s continuous use of the Service is inappropriate.
9.2. A User acknowledges that the User will not be relieved from the action under paragraph 1 of this Article, and the action will not be mitigated even if the User does not see notification presented within Service.
9.3. Even if the Company takes the action under paragraph 1 of this Article, the Company will under no circumstances return items that the User has purchased, or other charges for the Service that the User has paid, nor will it make any other refundment.
9.4. When the use of the Service is terminated pursuant to paragraph 1 of this Article, the User shall automatically forfeit the benefit of time in relation to any and all obligations owed to the Company and shall immediately perform all obligations to the Company.
9.5. The Company will under no circumstances be responsible for disadvantage or damage incurred by a User due to the Company’s performance or nonperformance of the action under this Article.
10. Handling of Game Data
10.1. If any of the following items is applicable, the Company may at its discretion, without advance notice to a User, delete, move to another place or change all or part of the Game Data:
(1) If the Company determines that content of Game Data, etc. does or is likely to violate legislation or these TOS;
(2) If the Company has difficulty in maintaining Game Data, etc. because the data size of Game Data, etc. is likely to exceed a limit separately specified by the Company or because of other technical reasons;
(3) If the Company determines that the measure is necessary for the provision of the Service or the maintenance and management thereof;
(4) If the Company determines that it would cause hindrance to smooth provision of the Service;
(5) If a User has not used a service (has not logged in to the Service) for a period of 365 days or more, irrespective of whether an individual service is paid service or free service; or
(6) Otherwise, if the Company determines that the measure is necessary.
10.2. The Company will under no circumstances be responsible for disadvantage or damage incurred by a User due to a measure taken by the Company under this Article.
11. Change, Suspension or Discontinuance of Service
11.1. The Company may at any time change, or make addition to, all or part of the contents of the Service for its discretionary reasons, without advance notice to a User.
11.2. The Company may at its discretion discontinue the provision of the Service, with notice to a User within Service or the website operated by the Company by the method the Company deems appropriate, at least 60 days’ prior to the date of the service termination.
11.3. If any of the following causes occurs, the Company may, without advance notice to a User, suspend either temporarily or for a long period of time, or discontinue the provision of the Service:
(1) If the Company is unable to provide Service due to earthquakes, tsunamis, typhoons, lightning, heavy rains, floods or other natural disasters, fires, power failure or other unforeseen accidents, wars, strikes, upheavals, riots, commotions, or labor disputes;
(2) If the Company is unable to provide Service due to regular or emergent maintenance of a system necessary for the provision of the Service, network congestion, or failure at the provider; or
(3) In addition to the preceding items, if the Company determines that it needs to suspend or discontinue Service for business or technical reasons.
11.4. The Company will under no circumstances be responsible for damage incurred by a User due to a measure taken by the Company under this Article.
12. Attribution of Rights
12.1. All intellectual property rights pertaining to the Service and Content belong to the Company or a person who grants license to the Company. While the Company grants license, within the purposes of use of the Service, to a User for personal use of all content provided by the Company through Service, the Company will not assign or grant to a User any ownership rights or other similar rights with which the User may use, earn profits from, or dispose of content without restrictions.
12.2. Information and software provided by Service are protected under the Design Act, the Copyright Act, or the Trademark Act. A User may not duplicate, alter, distribute, broadcast, publicly transmit, post, reproduce, publish or otherwise use, independently, any information or work acquired through Service of which rights belong to the Company or a third party, nor may a User have a third party do so, unless the Company or the rightful third party grants license explicitly in advance. The Company may claim damages against such use of work, in addition to advising to discontinue the use.
12.3.License to use images of the Service (hereinafter “Game Images”) by publication or reproduction requires to satisfy all of the following conditions, and if a User uses Game Images beyond the scope licensed under this paragraph, the Company may claim damages against such use, in addition to advising to discontinue the use:
(1) Game Images that a User may publish or reproduce will be game screens that the User stores or takes a photograph of when he/she uses Service, and images for which licensing is clearly indicated within Service.
(2) A User will use them only in websites established by an individual for non-profit purposes.
(3) A User will make sure to present copyright notice on part of or near each Game Image. Details of the copyright notice will be confirmed by the inquiry method prescribed by the Company.
(4) A User will not make major alteration to each Game Image, except for scaling or trimming of the image.
12.4. A User who posts images, compositions, remarks or other information by the use of the Service will represent and warrant to the Company that the User has lawful rights for him/her to send the information by posting or other means, and that the information does not infringe a third party’s intellectual property rights, ownership rights or other rights. Should any dispute arise with a third party including due to allegation that an image, composition or remark posted by the User infringes a third party’s rights, the User will settle the issue at his/her expense and responsibility, and will not cause any damage to the Company.
12.5 A User may post Game Images on social media through Service under paragraph 3 of this Article. Copyright pertaining to Content related to Post (including but not limited to compositions and remarks posted along Game Images. Same as below) posted, uploaded or stored by a User will be reserved to that User, and the Company will not acquire any copyrights pertaining to the Posted Content. However, the User will grant to the Company worldwide, non-exclusive, free, sub-licensable, transferable license to use, duplicate, adapt, distribute, screen, assign, or make automatic public transmission of the Posted Content, or make it transmissible for such use, or create, show or implement derivative work thereof, and will also grant to other Users non-exclusive license to use, duplicate, adapt, distribute, screen, assign, or make automatic public transmission of the Posted Content, or make it transmissible for such use, or create, show or implement derivative work thereof.
13. Paid Service
13.1. A User who uses a paid service of the Service will pay, in consideration of the use of the service, usage fees separately prescribed by the Company, by the method prescribed for each individual service.
13.2. The Company may at its discretion, without the consent of a User, revise usage fees for any service that is designated as paid service or free service in Service.
13.3. In the event that any dispute arises between a User and the payment agency in relation to the payment of usage fees or other liabilities, it will be settled between the parties, and the Company will under no circumstances be responsible for it.
13.4. A User will not receive, for whatever reason, any reimbursement of usage fees once paid.
14. Placement of Advertising
14.1. The Company may place advertisements of the Company or a third party on Service.
14.2. With respect to content of any website of a third party accessible through a link from Service including advertisements under the preceding paragraph, the Company does not provide any warranty regarding legality, consistency, safety, accuracy, the fact that it will not be contrary to public order and morals, or any other matter. The Company will under no circumstances be responsible for any damage or loss arising out of a User’s use of such website or a product or service provided through such use.
15. Prohibited Acts
When using the Service, a User will not engage, either personally or through a third party, in any conduct that falls, or the Company deems falls under any of the following items:
(1) Act of registering false information when making User registration or changing any information in User registration;
(2) Act of lending or assigning Game Data to a third party, or having a third party use them;
(3) Act of having a third party use, or disposing of, his/her status as a User or Content through assignment, sale/purchase, exchange, rental, lease, lending, changing the holder’s name, creating a pledge or offering it as security;
(4) Act of sending, posting or transmitting a message, image or sound that is obscene or violent;
(5) Act of discriminating against or slandering the Company or others;
(6) Business, advertising, promotion or solicitation activities, other acts for profit (excluding those approved by the Company), invitations to religious activities or organizations, act with the aim of meeting or dating a stranger of the opposite sex, or other acts of using the Service for any purpose other than intended;
(7) Act of infringing the Company’s or a third party’s intellectual property rights (patent rights, design rights, trademark rights, copyrights, etc.) or other legal or contractual rights;
(8) Act that does or is likely to infringe the Company’s or a third party’s property, privacy, rights to protect its/his/her good name or portrait rights;
(9) Act of causing a disadvantage to the Company or others;
(10) Act of unauthorized access to the Company’s server;
(11) Act of using the Service with the use of another User’s Game Data;
(12) Act of duplicating, copying, making addition to, altering, or making secondary use of all or part of the software used in Service;
(13) Act of analyzing the source code of software or data of communications with the server used for the Service, including by means of reverse engineering, disassembling or decompiling;
(14) Act of interfering with service operations of the Company;
(15) Act of using a service by pretending to be another person;
(16) Act of pretending to be, or giving himself/herself out as, an employee of the Company, support personnel or game master;
(17) Act of selling or purchasing in cash any items earned within Service (including in-Service money), or act of selling or purchasing goods, electronic information or other articles outside Service in exchange for any items earned within Service (including in-Service money), or any other equivalent act;
(18) Act of intentionally exploiting a bug in the program for the Service for his/her own interests;
(19) Act of creating, distributing or using a bot, cheat tool or other external programs (including but not limited to external tools that manipulate, in a way unintended by the Company, results acquired by the use of the Service);
(20) Act of using, for his/her own interests, results that a third party acquires with the use of the external program in the preceding item;
(21) Act of accessing the Service by a communications terminal modified or altered in a way prohibited by the seller (carrier) or the manufacturer;
(22) Act of sending an identical or similar message (excluding those approved by the Company) to many and unspecified Users, or other acts that the Company deems spamming;
(23) Act of illegally manipulating results acquired with the use of the Service, independently, in cooperation with another User, or with the use of acts of another User;
(24) Act of sending, posting or transmitting an image or composition that corresponds to child pornography or abuse, is unsuitable for juveniles, or contains explicit sexual scenes;
(25) Act in violation of laws, ordinances, regulations or these TOS, or contrary to public order and morals;
(26) Criminal act, or act leading to or encouraging a crime;
(27) Act of suggesting or encouraging suicide or self-injurious behavior;
(28) Stalking or any other act that arouses an unpleasant feeling in others;
(29) Threatening behavior;
(30) Act of distributing a computer virus;
(31) Act of putting an extra load on the server or networks used for the operation of the Service;
(32) Other acts that the Company deems inappropriate.
16. Responsibility of User
16.1. A User will use Service at his/her responsibility, and be solely responsible for all acts with the use of the Service and results thereof. The Company will not undertake any responsibility for any act of a User with the use of the Service or results thereof.
16.2. A User will comply with these TOS, the legal framework related to the Internet, and other matters provided by relevant laws, government and ministerial ordinances, rules, and orders. A User in violation of these laws or rules will undertake legal responsibility personally.
16.3. A User will manage Game Data at his/her responsibility, and be solely responsible for any matter arising in relation to his/her use of Game Data.
16.4. A User will compensate the Company for any damage (including attorney’s fees) if the Company incurs directly or indirectly any damage arising out of his/her acts in violation of these TOS, the use of the Service, or his/her Game Data (including unauthorized use by a third party and misuse), including cases where the Company receives a claim for damages or any other demand from a third party due to such acts or Game Data. The Company will under no circumstances be responsible for any damage incurred by the User arising out of such acts or the use of Game Data (including unauthorized use by a third party and misuse).
17. Handling of User Information
17.1. The Company will appropriately handle User Information and other information obtained from a User in relation to the use of the Service including terminal information under the privacy policy for the Service separately prescribed by the Company. A User agrees that the Company will handle such information in compliance with the privacy policy.
17.2. The Company may obtain the following information when a User uses Service:
(1) Terminal information (the used device, OS, terminal’s language configuration, country of access, etc.);
(2) Conditions of Service use (Service version, usage history, etc.); and
(3) Information about a campaign used by the User.
17.3. When a User cancels the registration for the Service, or the Company deletes the registration of a User or discontinues the provision of the Service, the Company may at its discretion erase all User Data concerned.
17.4. The Company will undertake confidentiality obligation regarding a User’s privacy information. However, this does not apply to the following cases:
(1) If the Company has the User’s consent; or
(2) If the Company is required to disclose User Information by a court, public prosecutors office, police or any other equivalent competent organ.
17.5. The Company will be entitled to the use of User Information, Posted Content, and other information and data provided by a User to the Company, as well as data on the trend of a User’s use of the Service, as statistical information in a form in which any individual may not be identified, or for advertisements, or as marketing data for content analysis, or other commercial purposes.
18. Disclaimer of Warranty
The Company does not provide any warranty regarding the following matters:
(1) The Service has functions, commercial values, accuracy and usability expected by a User.
(2) The Service is free from interruption.
(3) The Service and all content and information provided through Service are free from errors, bugs, malfunctioning and defects in security.
(4) Information obtained by a User through Service is accurate and reliable.
(5) The Service does not include any legal defect or flaw.
(6) A User’s use of the Service conforms to legislation and internal regulations of industrial associations applicable to the User.
(7) Data transmitted or received through Service will be stored in the designated server, reach the destination, or be displayed on the screen.
(8) Information acquired through Service has completeness, accuracy, applicability, usability and perpetuity.
(9) Images, compositions, remarks and other information posted by a User through Service will be managed and preserved.
(10) Content pertaining to paragraph 5 of Article 12 has legality, accuracy, and conformity to internal rules of a corporation or body to which the User belongs.
(11) Acts of a User with the use of the Service are suitable for a specific purpose of the User.
19. Disclaimer
19.1. The Company will under no circumstances be responsible to compensate for any damage incurred by a User in relation to the Service including interruption, suspension, discontinuance, unavailability or change of the provision of the Service by the Company, deletion of a message or information sent by the User to the Service, cancellation of the User registration, and loss of registration data and failure of equipment due to the use of the Service; provided, however, that this disclaimer does not apply where the agreement between the Company and the User concerning the Service (including these TOS) corresponds to a consumer contract under the Consumer Contract Act.
19.2. Even if the proviso in the preceding paragraph 1 is applicable, the Company will under no circumstances be responsible for any damage caused to the User due to the Company’s nonfulfillment of an obligation or unlawful acts by negligence (excluding gross negligence) which arises under special circumstances (including cases where the Company or the User has foreseen or could foresee the occurrence of the damage).
19.3. The amount of any damages paid for damage caused to a User due to the Company’s nonfulfillment of an obligation or unlawful acts by negligence (excluding gross negligence) will be up to the amount of the usage fees received from the User within 30 days preceding the day on which the damage arises.
19.4. The Company will under no circumstances be responsible for any transaction, communication or dispute arising between Users, or between a User and a third party in relation to the Service.
20. Method of Communication
20.1. Communication from the Company to a User related to the Service will be provided by posting on Service or an appropriate place within the website operated by the Company, by sending e-mail or push notification, or by other method that the Company deems appropriate.
20.2. Inquiries about Service, and other communication and notice from a User to the Company will be made by the method prescribed on Service, by including necessary matters.
20.3. A User acknowledges in advance that a response to an inquiry will be given under the standards prescribed for the Service, and a response may not be given depending on details of the inquiry.
21. Transfer of Status under Use Agreement
21.1. A User may not, without the advance written consent of the Company, assign or transfer to a third party, encumber, or dispose in any other way of the status under the use agreement, or rights or obligations under these TOS.
21.2. If the Company assigns to a third party the business related to the Service, or devolves the business related to the Service by a merger, corporate split-up or otherwise, the Company may, incidental to such transfer, have the transferee or assignee succeed to the status, rights and obligations under the use agreement, as well as registered information of Users and other customer information, and a User is deemed to have consented in advance to such transfer under this paragraph.
22. Confidentiality
A User will treat as a secret such information that the Company designates, in relation to the Service, as information for a User to treat as a secret, unless the Company gives advance written consent.
23. Severability
23.1. Even if any provision of these TOS or any part thereof is determined as invalid or unenforceable under the Consumer Contract Act or other legislation, the remainder of the provisions herein, or the remaining part of the provision that is determined to be invalid or unenforceable partially will continue to be in full force.
23.2. Even if any provision of these TOS or any part thereof is determined as invalid or cancelled in relation to a specific User, it will not affect any effect with respect to other Users.
24. Language, Governing Law and Jurisdiction
24.1. The governing language hereof will be Japanese, and these TOS will be governed by the laws of Japan.
24.2. Any dispute between the Company and a User arising out of or in relation to the Service or these TOS will be brought in the Tokyo District Court as the agreed exclusive jurisdiction of the first instance.
