These Aime Services Terms and Conditions of Use (this "Agreement") set forth the terms and conditions for use of the services (the "Services") operated with respect to the certification system called "Aime" provided by SEGA Interactive Co., Ltd. (the "Company"). Any user of the Services (the "User") shall use the Services only after confirming and accepting the provisions of this Agreement, as provided in this Agreement.
Article 1 (Application of Agreement)
- This Agreement is intended to establish the contractual rights and obligations between the Company and the User concerning the use of the Services and shall apply to all relationships between the Company and the User regarding the use of the Services.
- Rules, guidelines, various regulations, notes, explanations, and other conventions concerning the Services posted by the Company on the Services' website (the "Services Website") and set forth on Aime cards shall form part of this Agreement.
- The Company may, at any time and for any reason, change, add or delete any provision of this Agreement without prior notice to the User. This Agreement so changed, added or deleted shall become effective on and from the time the Company posts such changes on the Services Website. The Company shall deem that the User has approved such changes to this Agreement when the User uses the Services after such changes have been made to this Agreement.
Article 2 (Contents of the Services)
- The Services shall provide various functions related to Aime, the certification system provided by the Company in relation to arcade games. Details of the Services shall be specified on the Services Website.
- The Company may change the contents of the Services, in whole or in part, without prior notice to the User. The Company shall not be liable for any damages or consequences incurred by the User as a result of such changes.
Article 3 (User Registration)
- A person who wishes to use the Services (the "Applicant") shall apply for use of the Services by agreeing to this Agreement and registering the information designated by the Company on the Services Website.
- When the Company gives notification on the Services Website regarding the completion of the application for use in the preceding paragraph, the usage contract under the terms and conditions of this Agreement shall be concluded between the Company and the Applicant and the registration required for use shall be completed.
- The nickname of the User as chosen by the User as an option with respect to the ID shall be displayed on the Services.
- The User shall keep the information registered in accordance with the provisions of this Agreement and other information registered in the Services accurate and up-to-date at all times, and in the event of any inaccuracy, insufficiency or change in such information, shall immediately change the registered information in accordance with the procedures set forth by the Company on the Services Website. The Company shall not be liable for damages or any other responsibility whatsoever for any consequences or damages incurred by the User or any third party due to the User's failure to make such changes.
Article 4 (Usage Environment)
- The User shall, at her/his own responsibility and expense, prepare all environments required for the use of the Services, including communications equipment, software and communication lines, and the Company shall not be liable for any damages to the User arising from such environments.
Article 5 (Administration of Passwords)
- Aime IDs, passwords, check-in codes registered by the User in the Services, and Aime cards registered by the User for the Services (hereinafter collectively referred to as the "Passwords") shall be used solely by the User and shall not be used, transferred, assigned, or otherwise disposed of by a third party.
- The User shall be personally responsible for the use, storage and other administration of the Passwords and the Company shall not be liable for damages or assume any other responsibility for any consequence or damage to the User or a third party arising from the use of the Passwords by a third party.
Article 6 (Prohibited Matters)
When using the Services, the User shall not:
- Engage in any act that infringes, or is likely to infringe, intellectual property rights (including but not limited to copyrights, design rights, patents, utility model rights, trademarks, etc.) or any other rights held by a third party or the Company;
- Engage in any act that infringes, or is likely to infringe, upon the property, credit, reputation, privacy or portrait rights of a third party or the Company;
- Engage in any act that has, or is likely to have, a business, political or religious purpose;
- Engage in any act that is, or is likely to be, contrary to public order and morals, or encourage any such acts;
- Engage in any act that is, or is likely to be, a violation of laws and regulations, or abet, aide, or solicit any such acts;
- Engage in any act that is, or is likely to be, an act outside of those presumed or permitted in advance as methods of using the Services;
- Use automated tools, microtools, or other tools that are not approved by the Company;
- Engage in any act that, or is likely to, analyze, alter, modify, or reverse engineer the Services;
- Intentionally change the contents, progress, composition, etc. of the Services, such as changing the Services’ intended operation when using the Services;
- Use, distribute (including making a transmittable form) or encourage other Users or third parties to use or distribute programs or data that enable prohibited acts, regardless of whether or not the Services are being used;
- Illegally access or interfere with the use or operation of facilities related to the Services, such as communication facilities, communication lines, computers, and other equipment and software prepared by the Company to provide the Services;
- Engage in any act that significantly burdens, or is likely to significantly burden, the Services’ servers or networks or affects the provision of the Services;
- Engage in any act that interferes, or is likely to interfere, with the operation of the Services or games and services provided by the Company or its group companies;
- Violate this Agreement; or
- Engage in any other activity that the Company deems inappropriate.
- The User shall not use any defect in the Services for unfair purposes, and in the event such defect is discovered, the User shall not notify or publicize it to any third party and shall report it to the contact address separately designated by the Company.
- In the event of any complaint, trouble, claim or dispute by any third party arising from the occurrence of any of the prohibited activities set forth in Paragraph 1 of this Article 6 (hereinafter collectively referred to as the "Disputes"), the User shall resolve any Disputes at the User's own responsibility and expense, and shall not cause any damage to the Company in doing so. In addition, the Company shall not be liable for, and User shall waive any and all claims against the Company with respect to, any damage to the User caused by the Disputes.
Article 7 (Restrictions on Use)
In the event of any of the following, the Company shall be entitled to immediately suspend the provision of the Services, in whole or in part, to the User or cancel the usage contract without giving prior notice or demand.
- All or part of the information designated by the Company and registered by the User in the Services is false, incorrect or erroneous;
- The User has been subject to disciplinary action in the past, such as suspension of use of services provided by the Company or its group companies;
- It is found that the User, any of its members, or any related person, is an organized crime group, anti-government organization or other anti-social organization, or it is found that the User has any relationship with such group or person;
- The User violates any provision of this Agreement, including Paragraph 1 of Article 6 (Prohibited matters);
- The User damages the credit of the Company or interferes with the business of the Company by making violent or unreasonable demands, spreading rumors, engaging in fraud, or using force; or
- The Company determines that it is inappropriate to continue providing the Services to the User.
- The Company shall not be liable for any consequences or damages incurred by the User or any third party as a result of the suspension of the provision of the Services or cancellation of the usage contract pursuant to the preceding paragraph.
Article 8 (Suspension of Services)
In the event of any of the following, the Company may suspend or discontinue the Services, in whole or in part, without prior notice to the User.
- The Services become unavailable due to a breakdown or failure of facilities related to the Services (such as with respect to communication facilities, communication lines, computers, and other equipment and software prepared by the Company for the provision of the Services; hereinafter the same shall apply in this Article) or any other reason;
- Maintenance, inspection, repair, or alteration of facilities related to the Services is performed, whether periodically or urgently;
- The Services become unavailable due to fires, power outages, etc.;
- The Services become unavailable due to earthquakes, floods, tsunamis, or other natural disasters;
- The Services become unavailable due to wars, riots, disturbances, labour disputes, the spread of epidemics or any other event of force majeure;
- The Services become unavailable due to restrictions imposed by law and regulations or by judicial orders, etc.; or
- The Company deems suspension or discontinuance necessary for operational and technical purposes.
- The Company shall not be liable for any consequences or damages incurred by the User or any third party as a result of the suspension or discontinuation of the Services pursuant to the preceding paragraph.
Article 9 (No Warranty)
- The Services shall be provided as is at the time of provision of the respective Services, and may include defects in accuracy, completeness, usefulness, reliability, etc. Therefore, the Company shall make no warranty whatsoever as to the accuracy, completeness, usefulness, reliability, etc., of the contents of the Services and the information provided by the Company, including a warranty that the User can always be connected under favorable conditions and that the information transmitted by the User can always be posted on the Services.
- Where an online environment is required for the Services, the availability of the Services is more dependent on the individual communication environment and the equipment in use and is not guaranteed. Accordingly, the Company shall not warrant that the Services will be available to the User under all circumstances.
- The User shall refrain from excessive use of the Services at her/his own discretion. The Company shall assume no liability whatsoever for physical, mental or financial damages resulting from excessive use of the Services.
- The Company shall not be responsible for restoring the loss (including deletion by the User herself/himself), or falsification by any third party, of data stored by the User in the terminal or other equipment used for the Services.
- The Company shall not be held liable to the User or any third party for any problems that may arise in connection with the use of the Services, such as those arising from installing the smartphone application for the Services.
Article 10 (Compensation for Damages)
- The Company shall not be liable for any damages in connection with the User’s use of the Services arising from any special circumstances, lost profits, indirect damages, or any other damages, regardless of whether such damages are foreseeable; provided, however, that this limitation of liability shall not apply to cases where such damages are caused by the Company’s intention or gross negligence.
- The Company shall not be responsible for any actions taken or services provided by a third party other than the Company in connection with the use of the Services.
Article 11 (Personal Information)
Article 12 (Copyright and Other Intellectual Property Rights)
- All information, programs, software, trademarks, trade names that constitute the Services, and copyrights, trademark rights, other intellectual property rights and other rights associated therewith shall, unless otherwise indicated, belong to the Company or a duly authorized third party.
- The User shall not use any information obtained through the use of the Services beyond the scope of private use, whether by reproduction, publication, broadcasting, public transmission or otherwise, without the prior and express permission of the Company or a third party right holder.
Article 13 (Jurisdiction)
- This Agreement shall be interpreted in the Japanese language as to all matters, including its formation, validity, interpretation and performance, and the laws and regulations of Japan shall apply to this Agreement.
- Even if a part of this Agreement is held invalid pursuant to mandatory consumer protection laws and regulations or other mandatory provisions, this Agreement shall be effective to the fullest extent that is not contrary to the mandatory provisions.
- In the event of a dispute between the User and the Company concerning the Services, the Tokyo District Court or the Tokyo Summary Court shall assume exclusive jurisdiction as the court of first instance for the settlement of such dispute.
Sumitomo Real Estate Osaki Garden Tower, Nishi-Shinagawa 1-1-1, Shinagawa-ku, Tokyo,
SEGA Interactive Co., Ltd.
Established on November 9, 2010
Revised on April 3, 2012
Revised on April 1, 2015
Revised on October 3, 2018
Revised on November 15, 2019