Terms of Use for Monster Strike (Region 3)

These Terms of Use have been translated into the English language for reference only. The Japanese version of the "Terms of Use for Monster Strike (Region 3)" 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 Monster Strike (Region 3)" 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.

Created on October 20, 2014

Article 1: Introduction

  • 1. Monster Strike refers to the Monster Strike game application operated by mixi, Inc. ("Company"), an action role-playing game (RPG) enabling four players to cooperate in playing the game ("Service", including all the applications required to use this application).
  • 2. The user of the Service ("User") shall agree to the terms and conditions of these terms of use for Monster Strike (Region 3) ("Terms of Use") before using the Service.
  • 3. The Company may, at its own discretion, modify these Terms of Use for any reason. Unless otherwise provided by the Company, any modified Terms of Use shall become effective when the User uses the Service for the first time after they are displayed by the Service.
  • 4. In the event of any discrepancy in the content between these Terms of Use and other terms provided by the Company, the former shall prevail with respect to the Service.

Article 2: License to Use Service

  • 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. 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. 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. The Service may be made available in a manner prescribed by the Company.
  • 2. Users shall use the Service at their own responsibility and shall be responsible and liable for any act and result thereof in connection with the use of the Service.
  • 3. Any minor User (under the age of 20 years old) shall use the Service with the consent of his/her guardian or person in parental authority.
  • 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. 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. 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. A separate communication fee will be charged to download the Service.
  • 8. If a 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. Users shall make backups at their discretion and take full responsibility for such backups at their own responsibility and in no event shall the Company be responsible or liable for such backups or backed-up User information.
  • 9. The Company may display its own and third parties' advertisements through the Service.
  • 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. 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 Users due to such restriction or suspension of use or discontinuation or termination of provision unless such damage was caused by a willful act or gross negligence on the part of the Company.
  • 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, etc.

  • 1. Rights to any information posted by a User on the Service ("Posted Information") shall belong to the User as its creator.
  • 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. Users shall grant the Company a worldwide, sublicensable 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: Granting of Orbs, etc.

  • 1. Users may purchase orbs in the Service. An orb is a virtual currency that may be exchanged for items, content, and etc. in the Service. The Company may sometimes grant orbs free of charge at its own discretion.
  • 2. Orbs may be purchased in accordance with the following conditions.
    1. (1) Only the Users using the Service may purchase orbs.
    2. (2) Orbs may be purchased in units separately specified by the Company. A cap may be placed on the number of orbs that a User may purchase per month or on the number of accumulated orbs.
    3. (3) Any minor User (under the age of 20 years old) shall purchase orbs with the consent of his/her guardian or person in parental authority.
    4. (4) If a User removes the Service, his/her orbs shall cease to exist. If a User changes devices, he/she may not transfer his/her orbs 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 orbs may be restored or transferred although the Company does not guarantee such restoration or transfer.
    5. (5) The payment options in connection with the purchase of orbs 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 orbs.
  • 3. Orbs may be used in accordance with the following conditions.
    1. (1) Orbs may be used in the manner prescribed by the Company.
    2. (2) The number of orbs required to be exchanged for content shall be as separately provided.
    3. (3) Unless otherwise stipulated by law, the Company shall not refund orbs for any reason.
    4. (4) Users may not cash orbs or exchange orbs for any goods or services other than content unless otherwise separately approved by the Company.
  • 4. If a User fails to pay for orbs by the due date, he/she 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.
  • 5. If the Company finds that a User fails to make a payment by the due date, it may, without giving notice to him/her, suspend the use of all the services being provided.

Article 7: Service Charge

  • 1. The Service shall be made available free of charge in principle.
  • 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 8: Transfer of Receivables

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 9: Handling of Personal Information

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

Article 10: Prohibited Matters

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

  • 1. Do or may breach these Terms of Use;
  • 2. Do or may infringe on copyrights, trademark rights and other intellectual property rights of the Company or third parties;
  • 3. Do or may infringe on the property, privacy or image rights of the Company or third parties;
  • 4. Unjustly discriminate, libel, or slander the Company or third parties, or promote unjust discrimination against, defame or discredit, third parties;
  • 5. Do or may infringe on the rights of the Company, other Users or third parties;
  • 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 other person or entity;
  • 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. 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. Use the Service for the purpose of sexual or obscene acts or the like;
  • 10. Use the Service for the purpose of meeting with or dating unacquainted persons of the opposite sex;
  • 11. Cause others to illegally gamble or solicit others to participate in illegal gambling;
  • 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. Induce or solicit people to commit suicide, or introduce the means of suicide that are highly likely to harm others;
  • 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. Open, or solicit others to enroll in, a pyramid scheme;
  • 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. Without the prior written consent of the Company, duplicate, reproduce or redistribute the Service or information thereof;
  • 18. Are intended to trade, in real currency, items, content, virtual currency, etc. within the Service;
  • 19. Use the Service for the purpose of profit making whether in or outside the Service;
  • 20. Provide false information or use the Service for illicit purposes;
  • 21. Illegally rewrite or erase information stored in the equipment of the Company;
  • 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 items, content and character parameters) or programs not approved by the Company ("Unauthorized Use");
  • 23. Develop, distribute or use tools or programs intended for Unauthorized Use or do or may induce, solicit or assist third parties to develop, distribute or use tools or programs intended for Unauthorized Use;
  • 24. Sends, posts or uses viruses or other harmful computer programs or the like;
  • 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. Modify, change, alter, reverse-engineer, decompile or disassemble the Service;
  • 27. If he/she is minor (under the age of 20 years old), use the Service without the consent of his/her parent or person in parental authority;
  • 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. Are deemed by the Company to be actual or potential violations of laws or offenses against public order and morals; or
  • 30. Are otherwise deemed by the Company to be inappropriate, such as causing trouble to other Users.

Article 11: Limitation of Liability

The Company shall compensate the User for any damage incurred by him/her as a result of purchasing orbs to use through the Service if such damage is caused for a reason that is attributable to the Company, provided, however, that such compensation shall not exceed the amount equivalent to the price of the orbs purchased by him/her through the Service unless such damage is caused by a willful act or gross negligence on the part of the Company.

Article 12: Exclusion of Liability

  • 1. The Company disclaims the warranties of performance in the Service, fitness for use, accuracy or reliability in connection with results of the use, and will not be liable for defect warranty of any kind.
  • 2. The Company will not be responsible or liable for any damage incurred by the User in connection with the content, use or the like of the Service unless such damage is caused by a willful act or gross negligence on the part of the Company.
  • 3. The Company will not be responsible or liable for any damage incurred by the User as a result of an addition or change to, or discontinuation or termination of, the Service unless such damage is caused by a willful act or gross negligence on the part of the Company.
  • 4. The Company will not be responsible or liable for any damage arising from a reduced display speed, failure or the like due to too much traffic or any other unexpected cause.
  • 5. The Company will not be obligated to supervise or store Posted Information.
  • 6. The Company may browse, store or disclose to third parties the Posted Information if:
    1. (1) It is necessary for figuring out and solving the cause of a technical failure in the Service;
    2. (2) The Company receives an official inquiry under law from a court, the police or any other public agency;
    3. (3) The Company finds it necessary to check the content of the Posted Information as a result of an act that breaches or may breach these Terms of Use;
    4. (4) The Company finds an urgent need because the life, body or property of a person is exposed to imminent danger; or
    5. (5) It is otherwise necessary for properly operating the Service; Provided, however, that the Company will not be responsible or liable for damages arising from the situations listed above.
  • 7. If the Company finds that there are sufficient grounds to believe that the User has breached, or conducted an act that may breach, these Terms of Use, the Company may, at its own discretion, take necessary measures against the User, such as removing Posted Information or restricting the use of services, without giving prior notice, provided, however, that the Company will not be responsible or liable for any damage resulting from such measures unless such damage is caused by a willful act or gross negligence on the part of the Company. Users shall not raise an objection over the measures taken by the Company pursuant to this paragraph.
  • 8. Notwithstanding the provisions of these Terms of Use, in no event shall the Company be responsible or liable in connection with the Service for any damage arising from:
    1. (1) Events not attributable to the Company;
    2. (2) Exceptional circumstances whether or not anticipated by the Company; or
    3. (3) Actions essential for the provision of the Service such as the maintenance of servers.

Article 13: Governing Law and Jurisdiction

  • 1. These Terms of Use shall be governed by the laws of Japan.
  • 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 14: Others

  • 1. If some of these Terms of Use are held to be invalid under law, the remaining parts hereof shall remain valid.
  • 2. If part hereof is held to be invalid or revoked for a User, the Terms of Use shall remain valid for other Users.

Supplementary Provision

These Terms of Use will be enforced on October 20, 2014.