Terms of Use for MARVEL Tsum Tsum

*This Terms of Use is translated into English only for the convenience of reference. "MARVEL Tsum Tsum Riyou Kiyaku (MARVEL Tsum Tsum Terms of Use)" in Japanese language is the sole official and complete document prepared by mixi, Inc.; this Terms of Use is not in any way legally binding as the said "MARVEL Tsum Tsum Riyou Kiyaku" and shall not affect the interpretation of the said "MARVEL Tsum Tsum Riyou Kiyaku" nor is used as a reference for the interpretation of the said "MARVEL Tsum Tsum Riyou Kiyaku". Furthermore, mixi, Inc. shall not make any warranty nor bear any responsibility of the contents of this Terms of Use.

Established on February 24, 2016.

Article 1: Introduction

  1. "MARVEL Tsum Tsum" means the game application (including all applications necessary to use this application, hereinafter "Service") called "MARVEL Tsum Tsum" which is a simple puzzle game of connecting Tsum Tsums of Marvel characters, operated by mixi, Inc. ("Company").
  2. The User of the Service ("User") shall agree with the entire contents of this MARVEL Tsum Tsum Terms of Use ("TOU") when using the Service.
  3. The Company may modify the TOU at any time and for any reason according to its decision. The modified TOU shall come into effect on the first use of the Service by the User after the modified TOU is displayed through the Service unless otherwise set by the Company.
  4. If the TOU is in conflict with the contents of the other terms stipulated by the Company, the TOU shall supersede the other terms in respect of the Service.

Article 2: Licensing of Service

  1. The Company grants a nontransferable and nonexclusive license to the User to use the Service in accordance with the terms and conditions herein.
  2. The TOU shall not grant a license to use any upgrade or the like of the Service that may be developed in the future.
  3. The Company may, without notice to the User, modify the functions or specifications of the Service.

Article 3: Precautions in the Use of the Service

  1. The Service will become available in the manner prescribed by the Company.
  2. The User shall use the Service on the User's own responsibility and bear every responsibility for all actions associated with the use of the Service and their results.
  3. If the User is under age (under twenty years old), he/she shall use the Service with the prior consent of his/her guardian or a person with parental authority.
  4. The Service may connect to and communicate with the network at regular intervals, with or without warnings by prompting. In such event, a separate communication fee will be charged.
  5. Any program data, related document files, and the like required for the display and the operation of the Service may be automatically changed or updated without notice.
  6. If, while using the Service, no network connection can be established by, for example, moving out of a coverage area, or communication fails within or behind a building, the Service may become temporarily unavailable to the User.
  7. A separate communication fee will be charged for downloading the Service.
  8. If the User deletes, or changes the terminal used for, the Service, all the information of such User becomes no longer available. However, the information of such User may be restored from backup made by the User in an optional manner. Backup shall be made optionally by the User on his/her responsibility; the Company shall bear no responsibility on such backup and the backed-up User's information under any circumstance.
  9. The Company may post the advertisements of the Company or a third party through the Service.
  10. The Company may notify of new services, distribute advertisement, make administrative communication required for operating the Service, or otherwise provide information to the User. However, upon either prior or subsequent notice from the User declining to receive the information, the Company shall not provide the information except when it is necessary for the services associated with the Service.

Article 4: Restriction/Discontinuation of Use and Suspension/Termination of Provision

  1. The Company may restrict or discontinue the use of, or suspend or terminate the provision of, all or part of the function of the Service due to some circumstances of the Company. 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 by a willful act or gross negligence on the part of the Company.
  2. If the Company deems that the User has violated the provisions of the TOU, or the User has not used or accessed the Service for six months, the Company may restrict or discontinue the use by the User of, or suspend or terminate the provision to the User of the Service without prior notice.

Article 5: Rights to Service

  1. In respect of any information posted through the Service by the User ("Posted Information"), rights belong to the User who created the information.
  2. Except in the case referred to in the preceding paragraph, the copyright of information displayed through the Service and all other intellectual property rights belong to the Company or a third party.
  3. The User shall grant the Company re-licensable and nonexclusive use of the Posted Information all over the world to the extent the Company deems necessary for the provision of the Service including the operation and the advertisement of the Service.

Article 6: Grant of Orbs

  1. The User may purchase non-free Orbs through the Service. The Orb is a virtual currency which is offered for a fee and exchangeable for items, contents, etc. in the Service. Orbs may be granted at the Company's discretion, without requiring the User to purchase them.
  2. Orbs are available under the following conditions:
    (1)Only the User of the Service may purchase Orbs.
    (2)Orbs are available for sale in units specified separately by the Company. The Company may set limits on monthly purchasable quantity and accumulated quantity.
    (3)If the User purchasing Orbs is under age (under twenty years old), he/she shall purchase them with the prior consent of his/her guardian or a person with parental authority.
    (4)Orbs shall disappear upon the deletion of the Service and shall not be transferable when terminals are changed. Nevertheless, Orbs may be restored or transferred if the User has optionally made backups as prescribed in the Article 3, paragraph 8. However, the Company shall not guarantee that such backup ensures restoration or transfer of Orbs.
    (5)Means of settlement for the purchase of Orbs shall be determined separately by the Company.
    (6)The Company does not issue receipts or the like for settlements made by Orbs.
  3. The User may use Orbs under the following conditions:
    (1)Orbs may be used by the method prescribed by the Company.
    (2)Required number of Orbs to exchange for each content shall be specified separately.
    (3)The Company shall never reimburse Orbs for any reason except where prescribed by law.
    (4)The User is not allowed to convert Orbs into money nor exchange for goods/service other than contents, unless otherwise specially permitted by the Company.
  4. The Company may issue non-free virtual currency (regardless of name) other than Orbs or directly offer contents for a fee. In such a case, the provisions hereof specified with respect to Orbs shall be applied unless otherwise specifically provided by the Company.
  5. If the User does not pay for Orbs by the due date, the User shall pay the late payment charge to the Company. The charge shall be calculated based on 14.6% per annum interest rate for the number of days from the next day of the due date to the previous day of the due date. Such User shall bear bank transfer fee and other charges necessary for the payment.
  6. If the Company acknowledges the overdue payment by the User, the Company may suspend the use of the all Service which are being provided without notice to such User.

Article 7: Service Charge

  1. The Service shall be made available free of charge in principle.
  2. If the Company intends to charge the User for the use of the Service, the Company shall so notify the User in advance to obtain his/her consent.

Article 8: Assignment of Claims

The Company may assign its claims to a third party, and the User shall agree to the provision of his/her personal information, etc. to such third party for that purpose.

Article 9: Handling of Personal Information

The Company shall properly handle personal information under the "Privacy Policy".

Article 10: Prohibited Acts

The User shall not commit the following acts in using the Service:

  1. Acts that go against or may go against the TOU.
  2. Acts that infringe or may infringe on intellectual property rights such as copyright and trademark of the Company or a third party.
  3. Acts that infringe or may infringe on property, privacy or portrait right of the Company or a third party.
  4. Acts that unjustly discriminate or slander the Company or a third party; acts that encourage unjust discrimination or damage reputation or credit of a third party.
  5. Acts that infringe or may infringe on the rights of the Company, other Users and a third party.
  6. Acts of assuming another person's name, pretending to have the representation right or delegated authority while not having it or misrepresenting to be in partnership or cooperative relationship with another person or organization.
  7. Acts that lead or may lead to crimes such as fraud, abuse of controlled drugs, child prostitution and illegal trade of bank accounts and cell phones.
  8. Acts of posting or displaying the Posted Information that falls under obscenity, child pornography or child abuse; acts of selling media containing such information; acts of posting or displaying advertisement which evokes posting, displaying or selling of such information.
  9. Acts of using the Service with the intention of sexual intercourse, obscene act or the like.
  10. Acts of using the Service with the intention to meet unacquainted people of the opposite sex.
  11. Acts that encourage to play illegal gambling or induce participation in illegal gambling.
  12. Acts of undertaking, intermediating or inducing illegal acts (ex. Trade of pistol or the like, manufacture of explosive substance, offer of child pornography, official document forgery, murder and intimidation).
  13. Acts that induce or solicit suicide; acts of introducing suicide method that would likely harm a third party or the like.
  14. Acts of posting or displaying the Posted Information filming murder or injury scene, dead body or other cruel acts or the Posted Information which the Company judges that there is a high possibility of making others disgusted or giving displeasure to other Users under the social standards.
  15. Acts of establishing or inducing pyramid schemes.
  16. Acts of posting or displaying the Posted Information (including mere setting up of a link) that leads the User to websites deemed as inadequate by the Company such as pornographic website, one-click fraud website, a website which intends to spread harmful computer program such as viruses.
  17. Acts of duplicating, reprinting, redistributing or taking any other similar action on, the Service or information contained therein without the prior written consent of the Company.
  18. Acts of trading items, contents, virtual currency, etc. in the Service in real currency.
  19. Acts of using the Service for a profit, either such profit arises inside or outside the Service.
  20. Acts of providing false information or using for improper purposes.
  21. Acts that illegally rewrite or delete information accumulated in the facilities of the Company.
  22. Acts with intention to derive a profit for himself/herself or a third party (including gaining an advantage in promoting the Service) by taking actions beyond the Company's intent (including but not limited to defect, bug and malfunction), or utilizing deliberately tampered data (all data in the Service such as items, contents, parameters of the characters) or programs not authorized by the Company ("Abuse").
  23. Acts of developing, distributing and using tools and programs for the purpose of the Abuse; acts that will or may induce, solicit or assist such acts by a third party.
  24. Acts of sending, posting or using harmful or illegal computer program such as viruses.
  25. Acts that place or may place a burden on a server of the Company or a third party; acts that hinder or may hinder the operation of the Service or the network system.
  26. Acts of modifying, changing, altering, reverse-engineering, decompiling, or disassembling the Service, or any other similar acts.
  27. Acts of using the Service without the prior consent of his/her guardian or a person with parental authority when the User is under age (under twenty years old).
  28. Acts that encourage, induce or solicit an act with knowledge that such act falls under any of the preceding items.
  29. Acts that violate or may violate laws or public order and morality in the Company's judgement.
  30. Other acts which are judged as inappropriate by the Company such as causing other Users trouble.

Article 11: Limitation of Responsibility

The Company shall compensate for damage if the User purchased Orbs in using the Service and suffered damage for reasons attributable to the Company. The maximum liability of the Company shall not exceed the price of Orbs purchased by the said User through the Service. 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 12: Assignment of Rights, etc.

  1. Unless otherwise stipulated in the TOU, the User may not transfer or assign to a third party, or otherwise dispose of, any rights or obligations under the TOU.
  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 13: Disclaimer

  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. The Company shall not be responsible or liable for any damage unless such damage is caused by a willful act or gross negligence on the part of the Company, even if such damage was incurred in connection with the contents, use, etc. of the Service.
  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 by a willful act or gross negligence on the part of the Company.
  4. The Company shall not be responsible or liable for any damage caused by lowered display speed, malfunction, etc. by heavy traffic or other unexpected factors.
  5. The Company shall not be responsible or liable for monitoring or saving the Posted Information.
  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.
    (1)The said action needs to be taken in order to find and solve the cause of technical trouble of the Service.
    (2)Public institutions such as courts or police stations make an official legal inquiry.
    (3)The Company judges that an act that violates or may violate the TOU has been taken and therefore it is necessary to check the contents of the Posted Information.
    (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)Other than the above, necessity arises in order to properly operate the Service.
  7. The Company may take measures which the Company deems as necessary, such as deletion of the Posted Information, or restriction on using the Service, etc. without the 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 TOU. The Company shall not be responsible or liable for any damage arose from such measures unless such damage is caused by a willful act or gross negligence on the part of the Company. The User shall not object to the measures taken by the Company according to the provisions of this paragraph.
  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)Damage caused for reasons not attributable to the Company.
    (2)Damage caused under special circumstances, whether or not foreseeable on the part of the Company.
    (3)Damage caused by any acts absolutely imperative to provide the Service such as server maintenance.

Article 14: Governing Law and Jurisdiction

  1. The TOU shall be governed by the laws of Japan.
  2. Any doubt or dispute in connection with the Service or the TOU between the Company and the User shall be settled in good faith upon consultation. In the event of a failure to settle such doubt or dispute upon consultation, the parties agree that the Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction for the first instance.

Article 15: Others

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

Supplementary Provision

The TOU shall come into effect as from February 24, 2016.