1. Programming Zemi Service Users (hereinafter referred to as "Service Users") are those who apply to use all services provided to users in the services related to "Programming Zemi" (hereinafter referred to as the "Service"), using the internet, operated by DeNA Co., Ltd. (hereinafter referred to as the "Company") after reading the content of this Terms, and who are approved by the Company.
2. Service Users shall use the Service on the basis of this Terms.
3. In the case where services in the Service have separately defined terms (hereinafter referred to as "Individual Terms"), then Service Users shall use the Service on the basis of both this Terms and the Individual Terms. If there is a discrepancy in the content of this Terms and the Individual Terms, then the content of the Individual Terms shall have priority.
4. Service Users may not loan, transfer, sell, pawn, etc. or otherwise allow a third party to use their Service User qualifications.
5. Service Users shall be issued a Service User account. Service Users may create spaces accessible by uses who apply and are accepted by the Company to use all services provided to the users in the service called "Programming Zemi" , using the internet, operated by the Company (hereinafter referred to as "Space") after agreeing to the Terms of Use for Programming Zemi which are separately defined by the Company (hereinafter referred to as "Programming Zemi Terms of Use"), and are designated by the Service User(hereinafter referred to as “Designated Users”), in a specific way prescribed by the Company. The Service User may allow Designated Users to display Programming Zemi User stated information (This shall refer to all information provided by Designated Users and mail, etc. exchanges between Designated Users or between Designated Users and Service Users in “Programming Zemi” operated by the Company. Hereinafter referred to as "Stated Information").
6. Service Users shall ensure that Designated Users abide by this Terms and the Individual Terms, and bear responsibility for all actions by the Designated Users when Service User allow the Designated User to use the Space.
The Company may make changes in this Terms as well as the Separate Terms if the changes to this Terms of Service do not violate the purpose of the contract based on these Terms of Service and are reasonable in light of the necessity of the changes, the substantiality of the contents after the changes, and other circumstances related to the changes in accordance with Article 548-4 of the Civil Code. In the event that this Terms of Service and Separate Terms are changed, all other fees and other matters relating to This Service shall be governed by the changed Terms.
1. Those who wish to become Service Users may apply using the procedures specified by the Company after agreeing to this Terms.
2. Minors may not apply to use the Service.
3. Those residing outside of Japan may not apply.
1. Service Users shall bear responsibility for managing the telecommunication device used by said Service User to use the Service (hereinafter referred to as "Telecommunication Device"), the ID and password assigned by the Company following membership registration, and the ID and password assigned by the Service Users to the Designated Users.
2. Service Users and Designated Users (hereinafter referred to as "Service Users, Etc.") may not loan, transfer, sell, pawn, etc. or otherwise allow a third party to use their Telecommunication Device, ID, or password during the period that Service Users, Etc. have user qualifications.
3. Service Users shall bear responsibility for damages caused by insufficient management, incorrect usage, or third party usage, etc. of Telecommunication Devices, or IDs or passwords assigned to Service Users, Etc. The Company shall bear no responsibility excluding for cases that should be attributable to the Company.
4. Service Users whose ID or password has become known to a third party, or whose Telecommunication Device may be used by a third party shall notify the Company of such immediately, and follow any instructions provided by the Company.
1. Service Users shall ensure the display of Programming Zemi User Stated Information in the Service by Designated Users in the format specified by the Company.
2. Service Users shall not allow the displaying of Programming Zemi User Stated Information by Designated Users that is in violation of the Programming Zemi Terms of Use.
3. In the case where Service Users, Etc. allow the displaying of Programming Zemi User Stated Information that is in violation of this Terms, the Individual Terms, or the Programming Zemi Terms of Use, or Space is not used for a certain period of time, or in other cases determined to be inappropriate by the Company, the Company may terminate the display of Programming Zemi User Stated Information in the Service, terminate the Space, or terminate the Service User Account.
1. Service User Stated Information shall refer to all information stated by Service Users, Etc. and all information exchanged by mail, etc. between Service Users in the Service. Service Users, Etc. shall bear all responsibility for any of their own Service User Stated Information. Service Users, Etc. are prohibited from stating the following information.
a. Information that is untrue
b. Information that damages the reputation or credit of others
c. Obscene expressions or nude images
d. Information that is fraudulent, misleading, deceptive, or can give an erroneous impression
e. Information that promotes discrimination, prejudice, racial discrimination, hate, harassment, or infringement against an individual or group
f. Information that is violent or threatening, or promotes violent or threatening actions against others
g. Information that violates patent rights, utility model rights, design rights, trademark rights, copyright, portrait rights, or other rights of other people
h. Computer viruses
i. Seeking relations with the opposite sex
j. Responding to a request for relations with the opposite sex
k. Intermediating information about relations with the opposite sex
l. Information that violates public order and morals
m. Information that violates laws and regulations
n. Links or URLS to sites other than those permitted by the Company
o. Other inappropriate information
2. The Company may delete Service User Stated Information or request that Service Users, Etc. delete said information if said information violates these Terms or if said information is inappropriate for another reason.
3. The Company may duplicate or otherwise use Service User Stated Information without charge.
1. Those wishing to become Service Users are required to register information specified by the Company with the Company.
2. The Company may use the personal information of Service Users for the following purposes.
a. For selling products, etc., soliciting sales, shipping, providing services by the Company or a third party
b. For advertisements or promotions (including sending direct mails, emails) of products, etc. of the Company or a third party
c. For billing or calculating charges
d. For identity confirmation or authentication services
e. For after-sale services, inquiries, complaint handling
f. For conducting surveys
g. For prizes and conducting campaigns
h. For marketing data surveys, statistics, analysis
i. For providing payment processing services or logistics services
j. For developing new services, new functions
k. For system maintenance, malfunction handling
l. For posting Service User Stated Information
3. The Company may provide the personal information of Service Users to a third party in the following defined cases.
a. When Service User consent has been obtained
b. When required to disclose by a court, public prosecutor’s office, police, tax office, bar association, or other institution with similar authority
c. When disclosing to a financial institution, credit card company, collections agency, or other operator engaged in payment processing or agency services therefor, for the purpose of payment processing of charges or other monies that Service Users must pay to the Company
d. When the Company consigns all or part of its duties to a third party
e. When disclosing to a party that has concluded a non-disclosure agreement with the Company
f. When required for the Company to exercise its rights
g. When disclosing to the party that takes over a business in the event of a merger, transfer of operations, or other succession of the business
h. When permitted by the Act on the Protection of Personal Information or other laws
4. The Company may send emails or other promotional materials for the purpose of third party advertising or promotion, etc. to Service Users, and Service Users agree to this in advance.
5. Service Users, Etc. may not engage in any actions that are in violation of the Act on the Protection of Personal Information.
1. If any of the cases below applies to Service Users, Etc., then for a period of time specified by the Company, the Company may cease allowing use in part or in whole of the Service or other services provided by the Company, and may revoke the user qualifications of the Service Users, Etc. for the Service or other services provided by the Company. Charges received by the Company shall not be returned.
a. If there was false or improper information in the personal information registration at the time of user registration or Designated User registration, or in a personal information amendment after becoming a Service User, Etc., or there was a duplicate user registration
b. If more than one year passes without usage of the Service
c. If improper problems were caused to other Service Users, Etc. or Programming Zemi Users
d. If there is a relationship with an antisocial force or there is a possibility of such a relationship
e. If the business or industry of Service Users, Etc. is in violation of public order and morality
f. If the Company is unable to contact the Service Users, Etc.
g. If a legal injunction to suspend business or prohibit business is received, or permits and licenses, etc. are revoked
h. If a petition for seizure, provisional seizure, provisional disposition, auction, bankruptcy, civil rehabilitation, company rehabilitation, etc. or non-payment is filed by a third party or on ones own behalf
i. If the financial situation has significantly deteriorated, or there are grounds for such possibility
j. If there was a violation of this Terms or Individual Terms
k. If a Service User, Etc. is an inappropriate user
2. Service Users who have had their user qualifications revoked by the Company may not become users again.
3. The Company will not bear any responsibility for any damages caused to Service Users as a result of the measures taken by the Company.
1. The Company may suspend or amend the Service, such as for maintenance, without notifying Service Users, Etc.
2. All equipment and communication methods, etc. necessary to receive the Service shall be furnished by the Service Users, Etc. at their own expense and risk.
3. The Company does not guarantee that there will be no suspension, termination, or other problems with the Service.
4. The Service is provided by the Company on an as-is basis, and the Company does not guarantee that the Service will operate normally, and does not guarantee that there will be no defects in the Service.
Service Users are prohibited from engaging in any of the following acts. Also, Service Users may not allow Designated Users to engage in any of the following acts when Service Users allow Designated Users to use the Space.
a. Decoding, analyzing, decompiling, disassembling, or reverse engineering the applications provided by the Company, or the servers owned by the Company or any generated information, communication content, etc.
b. Illegally or improperly collecting, disclosing, or otherwise using the personal information, Service User Stated Information, or Programming Zemi User Stated Information of other Service Users or Programming Zemi Users
c. Impersonating another individual or group, or improperly claiming a relationship with another individual or group that is false
d. Attempting to obtain the IDs or passwords of other Service Users or Programming Zemi Users
e. Sending spam emails, chain emails, viruses, or other inappropriate data
f. Using the Service using an automated method, such as bots
g. Using the Service for the purpose of changing or interfering with the Service
h. Using bugs or malfunctions of the Service
i. Engaging in fraudulent acts
j. Using the Service for profit
k. Engaging in any other inappropriate act
1. For Service Users to use the Service and paid content designated by the Company, the Service Users must pay the monetary amount designated by the Company as the usage fee, and pay using a method specified by the Company by the time specified by the Company.
2. If Service Users do not pay the usage fee determined by the Company by the date specified by the Company, then the User shall pay the Company a late charge of 14.6% on an annualized basis from the date following the payment deadline day.
1. Service Users, Etc. may only use the content of the Service by using a telecommunication line to connect to equipment designated by the Company, and only in the range designated by the Company.
2. All rights related to the content provided by the Company in the Service are held by the Company or the copyright holder who licensed or outsourced the distribution of the content, and the Company does not grant implementation rights or licenses to Service Users, Etc. for the patent rights, utility model rights, design rights, trademarks, copyright, knowhow, or other intellectual property rights held by the Company.
3. Service Users, Etc. may not use any method to duplicate, send, transfer, lend, translate, adapt or otherwise use the content of the Service.
4. Service Users, Etc. may not sublicense the content from the Service.
5. The license for content in the Service is non-exclusive.
6. The expiration date for content licenses is defined for each content, and is disseminated in the Service using a method specified by the Company.
7. Regardless of the above, if Service Users lose their user qualifications, then they shall lose their Service Users, Etc. content license. If a Service User, without completing procedures designated by the Company, does one of the following, then they shall lose their Service Users, Etc content license.
a. If their telecommunication device is changed
b. If their telecommunication device data is lost
8. The Company may change the expiration date for content licenses at any time.
1. The Company bears no responsibility for the completeness, accuracy, reliability, or utility of the content of the Service or the information obtained by the Service Users, Etc. through the Service.
2. Service Users, Etc. use the Service at their own risk. The Company bears no risk for any matters related to the Service Users, Etc. in the Service.
3. Service Users, Etc. should use the Service within the bounds of the law. The Company will bear no responsibility if usage by Service Users, Etc. infringes upon the laws of Japan or another country.
4. In cases where the Company’s responsibility is not stipulated within this Terms, and a situation that is the responsibility of the Company occurs and causes damage to Service Users, Etc., the Company shall pay damages up to a maximum of ¥10,000. Notwithstanding the foregoing, if the Company, its representatives, or those employed or subcontracted by the Company cause damages to Service Users, Etc. due to deliberate or gross negligence, then the Company shall pay compensation for those damages without limitation to the amount of liability set forth herein.
5. If the Company causes damages to Service Users, Etc. due to deliberate or gross negligence, then the Company shall pay compensation for those damages.
6. The Company will not involve itself in problems that occur in the Service between the Service Users, Etc., between Programming Zemi Users, or with a third party. In cases of such problems, the involved parties shall discuss the matter amongst themselves and through legal action or other measures solve the problem.
1. When Service Users have a change in their registered information, they must notify the Company promptly using the procedures designated by the Company. If Service Users do not notify the Company, then the Company shall assume that there is no change to registered information.
2. If Service Users do not notify the Company despite changing their registered email address, then it is possible the Service Users may become unable to use the Service.
Notifications from the Company shall be conducted using the notification method designated by the Company, and said notification shall be determined to have arrived when it ought to under ordinary circumstances.
The Company may terminate these Services for its own reasons at any time.
1. Service Users may withdraw by following the procedures specified by the Company. Even if Service Users do not follow the procedures specified by the Company, they shall lose their user qualifications in the following cases.
a. If the telecommunication device is changed
b. If Programming Zemi is uninstalled
c. If the telecommunication device data is lost
2. When Service Users have lost user qualifications, they will no longer be able to view their own stated Service User Stated Information or other data.
3. The Company will not provide refunds for charges for paid content that the Company has received even if the Service User loses their user qualifications.
The governing law for the Service and other matters related to this Terms shall be the laws of Japan.
As regards the Service, if any lawsuit occurs between the Service Users, Etc. and the Company, then the exclusive jurisdictional court shall be the Tokyo District Court.