Welcome, and thank you for your interest in service named “Pokémon Masters EX Avatar Maker” ("Services")! By using, or accessing our Services you agree to be bound by this Pokémon Masters EX Avatar Maker Terms of Use ("TOU"). In this TOU, "DeNA", "us", "we", or "our" means DeNA Co., Ltd. and its subsidiaries.
You represent that you own or control the device you use to access our Services (“your Device"), and understand that airtime, data, messaging, and other charges from the provider of your Device may apply. It is your responsibility to determine what costs apply, and to pay those costs. In addition, it is your responsibility to determine whether your Device is compatible with our Services. DeNA does not make any representations, warranties, or guarantees that our Services will be compatible with, or accessible by, your Device.
(a) Grant. With the exception of third party materials and user-generated materials as addressed below, all content of our Services, including text, photographs, images, graphics, designs, trademarks, audio, video, games, applications, items, software and files ("DeNA Content") is proprietary of DeNA and its licensors. DeNA hereby grants you a limited, non-exclusive, non-transferrable, non-sublicensable, and revocable license to reproduce, display, access and use DeNA Content on your Device to create avatars (“Avatars”) by combining User Content with DeNA Content, solely for your personal, non-commercial, and entertainment use. Except as permitted by this TOU, you may not copy, modify, translate, distribute, transmit, publish, republish, perform, display, post, download, upload, frame, make available, lend, hire, communicate to the public, adapt, or sell any DeNA Content or Avatars. Any unauthorized use of DeNA Content or Avatars may violate copyright, trademark, patent, trade secret, or other applicable laws and regulations and will result in the termination of this license. Except only as expressly set forth in this TOU, this TOU does not grant to you any license to any intellectual property rights or other proprietary rights.
(b) Compliance with Third-Party Terms. This grant of license is conditional on your compliance with the terms and conditions of use of third parties as may be applicable to your use of our Services, including the terms and conditions of any mobile application storefront/marketplaces of our Services.
(c) No Sale. You agree that our Services and any DeNA Content or Avatars are at all times licensed and not sold.
(a) Links to Content. Our Services may contain links to third party websites, and content (including without limitation text, photographs, images, graphics, designs, audio, video, games, applications, software, and files) owned by, or originating from, third parties. DeNA is not responsible for the accuracy, appropriateness, or completeness of, or the opinions expressed or views espoused on or in, such websites or content and DeNA does not necessarily monitor or investigate such websites or content or verify the accuracy, appropriateness, or completeness of such websites or content. DeNA's inclusion of any linked website or third party content in connection with our Services does not imply approval or endorsement of such website or content by DeNA. If you follow a link to a third party website or content, or otherwise access or use such a website or content, you do so solely at your own risk, and DeNA's Privacy Policy and other policies and practices do not apply to any information gathered by such third party.
(b) Advertising. DeNA takes no responsibility for third party advertisements or third party applications that are posted on or through our Services or goods or services provided or promoted by any third party through third party advertisements through our Services, nor does it take any responsibility for goods or services provided by its advertisers. DeNA is not responsible for the conduct, whether online or offline, of any User. Reference to any products, services, content, or other information, whether by trade name, trade mark, service mark, manufacturer, supplier, or otherwise does not constitute or imply sponsorship, endorsement, or recommendation by DeNA.
(c) Third Party Services. Our Services may provide direct integration/access to services of third parties ("Accessed Services"). The above paragraphs (a) and (b) apply equally to Accessed Services. Further, you agree that you shall follow any Accessed Services’ terms and conditions for users of its content and/or services.
(a) Your Responsibility. You may not post, transmit, store, or share any User Content that is not an original work of authorship by you or for which you do not have rights or permission to do so. You are solely responsible for all text, photographs, images, graphics, designs, audio, video, games, applications, software, files, user profiles, messages, and other content (collectively, "User Content") that you post, transmit, or share, and you are solely responsible for creating backup copies of any User Content and for replacing any User Content to the extent you desire to do so and the replacement is consistent with this TOU.
(b) Ownership and License — How We May Use Your Content. Subject to the following license between you and DeNA, you retain ownership of all of your rights in the User Content. By posting, storing, or transmitting User Content, you (i) authorize DeNA to reproduce, distribute, transmit, and use such User Content as necessary to facilitate the posting, storage, and transmission of, and the access to, such User Content; and (ii) grant to DeNA a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sub-licensable license to use, reproduce, distribute, publicly perform, publicly display, reformat, translate, excerpt, modify, and create derivative works of your User Content for any purpose (commercial or non-commercial). You may request removal of any of your User Content from our Services at any time, in which case the foregoing license will terminate with regard to future use after we remove it; however, DeNA may retain archived copies of your User Content for so long as is necessary for administrative purposes, and, if DeNA has used your User Content prior to removal, DeNA may continue to use your User Content in any manner DeNA previously had used such content unless privacy laws applicable to you provide otherwise. (For example, if your User Content was included in an advertisement, DeNA may continue to use such advertisement.)
(c) No Liability for User Content. DeNA has no liability to you for User Content, and makes no representations or warranties, express or implied, as to or the accuracy, reliability, or content of User Content and such User Content does not necessarily reflect the opinions, positions, or policies of DeNA. Although DeNA provides rules and principles for User conduct and postings, DeNA does not control, and has no liability to you for, what Users post, transmit, or share. Further, DeNA has no liability to you for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter or access.
(a) General. You may use our Services and Avatars solely for your personal, non-commercial, and entertainment use. You represent, warrant, and agree that you will not use the Avatars or our Services in an unlawful, threatening, or harassing manner, or take any action that, in DeNA's sole discretion, is considered offensive, libelous, defamatory, immoral, objectionable, or unethical or that is otherwise inconsistent with the standards of the relevant community and good conduct that DeNA intends to govern the use of Avatars or our Services. In addition to the above, you agree not to do any of the following in connection with the Avatars, our Services or Accessed Services:
(b) Not Restricted Country/Party. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(c) Legal Action by DeNA. DeNA reserves the right to investigate and take legal action against violators as appropriate.
(d) Notification of Prohibited Acts. If you believe any of the foregoing prohibited acts are taking place, please notify us promptly at dena@opencs.dena.jp.
(a) Right to Remove. DeNA reserves the right, in its sole judgment, to limit, remove, reject, deny, prohibit, disable access to, or refuse to post or transmit, any User Content, and to limit, deny, restrict, suspend, discontinue, or terminate use or access to Avatars, our Services or Accessed Services or any portion thereof at any time with or without prior notice or explanation, for violations of the TOU or for any or no reason, and without liability, including where DeNA determines or believes, in its sole discretion, that you have violated this TOU or to protect DeNA, third parties, our Services, or Users from perceived harm.
(b) Right to Monitor. You acknowledge that DeNA has no obligation to monitor or record your access to or use of our Services or Accessed Services, or to monitor, record, or edit any User Content, but agree that we have the right to do so for the purpose of operating our Services, to ensure your compliance with this TOU, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. You acknowledge and agree that you have no expectation of privacy concerning uploads, transmissions, or submissions of any User Content.
The privacy of Users is important to DeNA. DeNA's Privacy Policy, which is incorporated into this TOU by reference, is available here. You agree that by accessing our Services you consent to have your personal data transferred to, and processed in, Japan and other countries and territories.
(a) Policy Statement. DeNA respects the intellectual property rights of others and expects its Users to behave likewise. Accordingly, you may not upload, post, send, or transmit to or through our Services or Accessed Services any materials that violate third party intellectual property rights. Further, in accordance with DeNA's repeat infringer policy expressed in our Copyright Infringement notice available here and incorporated herein by reference, it is the policy of DeNA to suspend, restrict, or terminate, in appropriate circumstances, subscriptions and accounts held by Users who are repeat infringers. For greater certainty, the foregoing is in addition to and without limitation of anything else herein or at law, including DeNA's right, in its sole discretion, to cause the suspension, restriction, or termination of access to our Services or Accessed Services for Users who infringe any intellectual property rights of ours or of any third party at any time, including those who are repeat infringers for the purposes of applicable law.
(b) Infringement. If you believe that any copyrighted work owned by you has been copied or used in such a manner so as to constitute copyright infringement in connection with material or data provided through our Services, you may notify DeNA's designated copyright agent for receiving claims of copyright infringement as follows:
ATTN: COPYRIGHT AGENT
DeNA Co., Ltd., 2-24-12 Shibuya, Shibuya-ku, Tokyo 150-6140 JAPAN
Tel: +81-3-5843-0872
Email:support@pokemonmasters-game.com
Please note, though, that as referred to in more detail in our Copyright Infringement notice available here certain legal requirements and restrictions apply to such notices; you are encouraged to familiarize yourself with such requirements and restrictions, or to consult an attorney, before providing any notices of any kind to us in this connection.
YOU EXPRESSLY AGREE THAT THE USE OF OUR SERVICES OR ACCESSED SERVICES IS AT YOUR SOLE RISK. OUR SERVICES, INCLUDING ANY CONTENT PROVIDED THROUGH OUR SERVICES AND ACCESSED SERVICES, IS PROVIDED ON AN "AS IS" BASIS AND DENA HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. FURTHERMORE, DENA HEREBY EXPRESSLY DISCLAIM ANY LOSS OR DAMAGE CAUSED AS A RESULT OF VIRUSES, BUGS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL ARISING FROM A USER’S USE OF THE SERVICES, AND USERS ARE RESPONSIBLE FOR USING THEIR OWN VIRUS PROTECTION SOFTWARE.
DENA MAKES NO WARRANTY THAT OUR SERVICES OR ACCESSED SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DENA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, LICENSES, OR CONTENT PURCHASED OR OBTAINED THROUGH OUR SERVICES OR ACCESSED SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES OR ACCESSED SERVICES.
TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR ACCESS TO OR USE OF OUR SERVICES.
IN NO EVENT WILL DENA, THE POKÉMON COMPANY, AND THEIR RESPECTIVE AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM YOUR USE OF ANY OF OUR PRODUCTS OR SERVICES, EVEN IF DENA AND/OR THE POKÉMON COMPANY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, DENA'S AND/OR THE POKÉMON COMPANY’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS (100 US DOLLARS). TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE DENA'S AND/OR THE POKÉMON COMPANY’S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR ACCESS TO OR USE OF ANY OF OUR PRODUCTS OR SERVICES.
(a) With Third Parties. You are solely responsible for your interactions with third parties.
(b) Governing Law. You agree that the laws of Japan, excluding its conflicts of law rules, will govern this TOU and any dispute between you and DeNA.
(c) Jurisdiction and Venue. You and DeNA agree to submit to the exclusive jurisdiction of, and venue in, the Tokyo District Court in Japan with respect to any dispute between you and DeNA. You hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to this choice of jurisdiction and venue. This choice of jurisdiction and venue does not prevent either you or DeNA from seeking injunctive relief for any violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
You agree to indemnify and hold harmless DeNA and The Pokémon Company, their respective its affiliates, and its and their respective directors, managers, officers, members, employees, agents, successors, and assigns from and against any and all losses, claims, liabilities, damages, demands, costs and expenses (including reasonable attorneys' fees and costs of investigation), arising out of, or related to, (i) your use of our Services or Accessed Services; (ii) your breach of this TOU or our Privacy Policy; and (iii) your violation of any law or regulation or of any third party rights, including any third party intellectual property rights. The obligations set forth in this Section will survive any termination or expiration of this TOU, our Privacy Policy, or your use of our Services.
We reserve the right to change this TOU at any time. If we change this TOU in a material way, we will give notice of that in our software, on our Services, and/or by email to any email address we have for you at that time. Your use of our Services after we have changed the TOU will indicate that you have read, understood and agree to be bound by the updated TOU.
You accept this TOU by accessing our Services. This TOU constitutes the entire agreement between you and DeNA regarding your use of our Services. If any provision of this TOU is determined to be invalid or unenforceable such provision will be deemed severed from this TOU and the remaining provisions of this TOU will not be affected thereby and will continue to be binding upon you and enforceable. The failure of DeNA to insist upon strict performance of any of the provisions contained in this TOU will not constitute a waiver of our rights, at law or in equity, or a waiver of any other provisions or subsequent default by you in the performance or compliance with any of the terms and conditions of this TOU. This TOU and the license granted hereunder may not be transferred or assigned by you, and any attempted transfer or assignment will be void and ineffective. DeNA may freely assign this TOU and its rights and obligations hereunder without restriction. We may provide notice to you through our Services, by email, or by any other means that you may inform us of; except as otherwise provided in this TOU, all notices given by you under this TOU shall be made by post to DeNA Co., Ltd., Attn: Legal Department, 2-24-12 Shibuya, Shibuya-ku, Tokyo 150-6140 JAPAN.
If you have any questions concerning our Services or this TOU, or for any product or support issues, please contact us at dena@opencs.dena.jp.
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