TopEnd-User License Agreement (EULA)
PROGRAMMING ZEMI User shall refer to the user who agrees to the Terms of Service, signs up for any services ("This Service" hereinafter) provided for the user in the service "PROGRAMMING ZEMI" operated by DeNA Co., Ltd. ("DeNA" hereinafter) by using the internet, and who is approved by DeNA, and enrolled in This Service.
PROGRAMMING ZEMI User shall use This Service in accordance with the Terms of Service.
In case separate terms ("Separate Terms" hereinafter) are set forth in each service within This Service, then PROGRAMMING ZEMI user shall use This Service in accordance with these terms as well as Separate Terms. In case the stipulation of the Terms of Service and Separate Terms are different, the stipulation of Separate Terms supercedes.
PROGRAMMING ZEMI User shall not be able to have a third person use the user eligibility for PROGRAMMING ZEMI, or to lend, transfer, trade, or pawn the eligibility.
PROGRAMMING ZEMI User shall be able to have his/her family members who live in the same house, or equivalent person who have been approved by DeNA sign up for This Service, as a user of This Service ("User" hereinafter).
PROGRAMMIN ZEMI User shall bear responsibility to have User follow the Terms of Service as well as Separate Terms, and responsibility for consequences of any acts performed by User.
DeNA may make changes in the Terms of Service as well as the Separate Terms if the changes to the 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 the 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.
Anyone who wishes to sign up for PROGRAMMING ZEMI shall agree to the Terms of Service and apply for the Service in accordance with the procedure set forth by DeNA.
A minor shall not be able to sign up for This Service.
PROGRAMMING ZEMI Users shall assume responsibility for managing a communication device ("Device" hereinafter) to be used for using This Service, ID and password.
PROGRAMMING ZEMI Users shall not allow their ID and password for This Service to be used by any thir party, or lease, transfer, trade or pawn them, etc.w hile being eligible as a user.
PROGRAMMING ZEMI Users shall be responsible for damages caused by inappropriate management of Devices, IDs and passwords for This Service, as well as errors in use, and third party use, and DeNA shall not be held responsible in any way except in the case where there are reasons attributable to DeNA.
If the ID and password for This Service has become known to a third party, or if there is risk of a third party using Device, then PROGRAMMING ZEMI User shall immediately let DeNA know it, and comply with any instruction from DeNA.
PROGRAMMING ZEMI Users Stated Information shall refer to all information provided by PROGRAMMING ZEMI User or User when using This Service, as well as all information exchanged between PROGRAMMING ZEMI Users via email or other means. PROGRAMMING ZEMI User who provides the inforamtion shall have full responsibility for the PROGRAMMING ZEMI Users Stated Information. PROGRAMMING ZEMI User and User shall not provide any of the following information:
Information that is false
Information that is defarmatory
Inforamtion that contains obscene expressions or nude images
Information that is fraudulent, false, deceptive, or may lead to misunderstanding
Information that causes discrimination, prejudice, racial discrimination, hatred, harassment or infringement to an individual or an organization
Information that is violent or intimidating, or encourage violent or intimidating acts to others
Information that infringes patent rights, model utility rights, design rights, trade mark rights, copyright, portrate rights or any other rights
Information that contains computer viruses
Information soliciting actual contact with opposite sex and communication focusing on sex
Informatioon responding to a request for actual contact with opposit sex and communication focusing on sex
Information that mediates information of a prurient nature related to actual contact with opposite sex and communication focusing on sex
Information that is offensive to public order and morals
Information that violates laws and regulations
Links to and URL of websites other than those approved by DeNA
Any other information deemed inappropriate by DeNA
In the event PROGRAMMING ZEMI Users Stated Information breaches the Terms of Service, or DeNA deems the information to be inappropriate, DeNA may delete PROGRAMMING ZEMI User Stated Information.
DeNA may use PROGRAMMING ZEMI Users Stated Information for by duplicating or by any other measn free of charge.
Persons who would like to become PROGRAMMING ZEMI Users shall register with DeNA the information specified by DeNA.
DeNA may use personal information of PROGRAMMING ZEMI Users for hte following purposes:
To sell products etc. of DeNA and of third parties or to solicit sales and to provide forwarding and services thereof
To advertise and promote (including sending irect mail and sending emails) products etc. of DeNA and of third parties
To bill and calculate charges
To provide identity and authentication services
To provide after-sales service, to respond to inquiries and complaints
To undertake surveys
To offer lotteries and run campaigns
To survey, compile statistics and analyze marketing data
To provide settlement services and distribution services
To develop new services and new functions
To maintain systems and respond to malfunctions
To publish PROGRAMMING ZEMI Users Stated Information
DeNA may provide the personal information of PROGRAMMING ZEMI Users to third parties in the following situations:
When the consent of PROGRAMMING ZEMI User has been obtained
When the courts, the public prosecutor, the police, the tax office, the bar association or other organizations with similar authority demand disclosure
When disclosing information to financial institutions, crediet card companies, collection agencies or other business handling settlements or acting sa sales agents in order to clear fees and other monies payable to DeNA by PROGRAMMING ZEMI Users
When DeNA entrusts all or a part of its business to a third party
When disclosing information to persons who have a responsibility for maintaining confidentiality for DeNA
When necessary to exercise the rights of DeNA
When disclosing inofrmation to entities acquiring the business at the time of a merger, business transfer or acquisition of the business for other reasons
When allowed by the Act on the Protection of Personal Information (JAPAN) or other laws
DeNA may forward to PROGRAMMING ZEMI Users emails and other promotional material for purposes of advertising and promoting a third party. PROGRAMMING ZEMI Users shall consent in advance to such arrangement
PROGRAMMING ZEMI Users shall not carry out acts that breach the Act on the Protection of Person Information (JAPAN).
If any of the following apply to a PROGRAMMING ZEMI User, DeNA may deny the use of This Service for a period of time specified by DENA, revoke the eligibility of PROGRAMMING ZEMI User. In such a case, DENA will, however, not return any fees received.
When deception or fraud is found in the personal information registered at the time of application for user registration or User registration, or in amendments to personal information after admission as PROGRAMMING ZEMI User, and when there are duplication user registrations
When morethan one year has passed with no use of This Service
When DeNA reasonably deems that other PROGRAMMING ZEMI Users or Users have been subject to unreasonable inconvenience
When DeNA deems that PROGRAMMIN ZEMI User is presently in inappropriate relationship with antisocial forces
When in breach of these Terms of Service and Separate Terms
When DeNA reasonably deems a PROGRAMMING ZEMI User or User inappropriate for any other reasons
A PROGRAMMING ZEMI User who has had their user eligibility revoked by DeNA may not be readmitted.
DeNA shall not make any compensation for any damages incurred by a PROGRAMMING ZEMI User as a result of meaures taken by DeNA.
For reasons of maintenance etc., DeNA may suspend or amend This Service without notifhying PROGRAMMING ZEMI Users.
Any equipment or means of communiaction etc. necessary to receive This Service shall be installed at the expense and responsibility of the PROGRAMMIN ZEMI User.
DeNA does not guarantee that This Service are free of interruption, suspension or any other disorder.
DeNA provides the application provided by DeNA as is, and DeNA does not guarantee that the application runs properly or the application is free of defects.
PROGRAMMING ZEMI User may not perform any of the following. Furthermore, PROGRAMMING ZEMI User may not have User perform any of the following acts.
Decipher, analysis, decomplile, disassemble, or reverse enginnering of the application provided by DeNA, and servers owned by DeNA and information generated by them, and the content of communication.
Illegally and inappropriately collect, disclose and in any other ways use personal information of other PROGRAMMING ZEMI Users or Users, or PROGRAMMING ZEMI Users Stated Information.
Pretend to be other individual or an organization, or wrongfully pretend to have a relationship with other individual or an organization.
Attempt to obtain ID and password of other PROGRAMMING ZEMI User or User.
Send inappropriate data such as spam mail, chain mail, computer virus.
Use This Service by automated means such as bot etc.
User This Service for a purpose of amend or disturb This Service
Make a bad use of bugs or malfunction of This Service
Use This Service for commercial purposes
Any other acts that DeNA deems inappropriate
When a PROGRAMMING ZEMI User uses paid contents designated by DeNA, the PROGRAMMING ZEMI User shall pay usage fees in accodance with the amount, manner and due date for payment designated by DeNA. Further, whatever the circumstaneces, DeNA will not return any usage fees already paid.
In the event a PROGRAMMING ZEMI User does not pay usage fees by the date specified by DeNA, the PROGRAMMING ZEMI User shall pay to DeNA late payment charges of 14.6 per cent annually as of the day following the deadline for payment.
PROGRAMMING ZEMI Users or Users may use the contents of This Service by connecting to the facilities designated by DeNA via telecommunication circuits, and within the scope stipulated by DeNA.
DeNA or a rights holder who granted or contracted contents distribution to DeNA possesses all rights concerning all contents provided by DeNA within the scope of This Service. DeNA is not granting any license to PROGRAMMING ZEMI Users for implentation or use of the patent rights, model utility rights, design rights, trademark rights, copyrights, know-how or other intellectual property rights owned by DeNA.
PROGRAMMING ZEMI Users and Users may not by any means duplicate, transmit, transfer, lease, translate, adapt or otherwise use the contents of This Service.
PROGRAMMING ZEMI Users and Users may not grant a license for the reuse of the contents of This Service.
The content license for This Service shall be nonexclusive.
The period of validity for content usage rights will be specified for each content, and be announced in accordance with the methods specified by DenA within the scope of This Service.
Regardless of the preceeding paragraphs, if a PROGRAMMING ZEMI User forfeits user eligibility, the right to use the contents of This Service shall also laspe. Further, in the event a PROGRAMMING ZEMI User falls under any of the following, without performing the procedure designate by DeNA, the right to use the contents of This Sercice shall also lapse.
The User changed Device
The User has uninstalled PROGRAMMING ZEMI
Data on Device has disappeard
DeNA may change the period of validity for the conents any time.
DeNA shall not be held responsible in any way conerning the completeness, accuracy, security, usefulness, etc., of the content of This Service or the information obtained by PROGRAMMING ZEMI Users and Users through This Service.
PROGRAMMING ZEMI Users and Users shall use This Service at their responsibility, and DeNA shall not be held responsible in any way for any matter related to PROGRAMMING ZEMI Users with repect to This Service.
PROGRAMMING ZEMI Users shall use This Service within the scope of the law. Even if PROGRAMMING ZEMI Users contravene the laws of Japan or foreign countries in connection with the use of This Service, DeNA shall not be held responsible therefore in any way.
In the event that the responsibility of DeNA is not stipulated in the Terms of Service, and when PROGRAMMING ZEMI Users or Users have incurred damages for causes attributable to DeNA, DeNA shall pay compensation up to a ceiling of 10,000 yen.
In the event PROGRAMMING ZEMI Users or Users have incurred damages due to wilfull or gross negligence on the part of DeNA, DENA shall paycompensation for the damages.
DeNA shall have no obligation to intervene in any disputes that arise between PROGRAMMING ZEMI Users, Users or with any other third party concerning This Service. The parties concerned shall resolve any such disputes by themselves through negotiation, litigation, etc.
PROGRAMMING ZEMI Users shall promptly report any changes to the registry by means of hte processes specified by DeNA. In the absense of such notification, DeNA may treat the registry as unchanged.
In the event that a PROGRAMMING ZEMI User does not notify DeNA of changes to the registered email address, the User may be unable to use This Service.
Any notification from DeNA shall be sent in accordance with the notification method specified by DeNA, and shall be deemed delivered at the time it should normally have arrived.
DeNA may cease providing This Service at any time, for any reasons.
PROGRAMMING ZEMI Users may withdraw from This Service by means of hte procedures established by DeNA. In the even a PROGRAMMING ZEMI User does not perform the procedure specified by DeNA and falls under any of the following, the User shall lose their user eligibility
The User changed Device
The User has uninstalled PROGRAMMING ZEMI
Data on Device has disappeard
In the event a PROGRAMMING ZEMI User loses their user eligibility, they will not be able be able to browse PROGRAMMING ZEMI User Stated Information stated by themselves, and other data.
Even if a PROGRAMMING ZEMI User loses their user eligibility, DeNA shall not return the fees received.
This Service and the Terms of Service shall be governed by the law of Japan.
In the event of litigation relating to This Service between DeNA and PROGRAMMING ZEMI Users or Users, the Tokyo District Court shall have exclusive jurisdiction as a court of first instance with respect such litigation.
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