TERMS OF SERVICE
1.CLAWTOPIA TERMS & CONDITIONS OF USE
2.DEFINITION OF TERMS
In this agreement, the following terms shall be treated as having the respective meanings specified in the following clauses.
3.CHANGES IN TERMS AND CONDITIONS
The Company is entitled to amend, modify, suspend, or discontinue any aspect or feature of the Application or this Agreement at any time, including the right to change or discontinue any service provided by the Company, content displayed on the Application, hours of availability, and equipment needed for access or use of the Application, at any time. The Company shall not be liable to you or any third party for any modification, suspension, or termination of the Application or the Services or any part thereof.
Unless expressly stated otherwise, any new features that augment or enhance the current Services provided through the Application will also be governed by the provisions of this Agreement.
When a user accesses the Service from outside Japan, the user must confirm that the user is in compliance with the laws and ordinances of the country or region where the Service is used, and then agree to and use the Terms. In addition, users shall assume all responsibility arising from applicable laws and ordinances for the use of the Service, and shall be deemed to have agreed that the Company shall bear no responsibility whatsoever.
In addition to the Terms, the use of the application of the Service is subject to Apple Inc. (the "Apple") and Google Inc. (the "Google"), and users shall also agree to and comply with these terms of service. As a general rule, Apple Group and Google Group are not responsible for this service. These Terms of Service are between you and us, and do not govern the relationship between you and Apple or Googl, or between us and Apple or Google
5.USER REGISTRATION AND INFORMATION WE COLLECT
The user shall apply for the use of this service with accurate and up-to-date information. If there are any changes to the account information registered in the application for use, the User shall promptly notify the Company in the manner prescribed by the Company. The Company shall not be held liable for any disadvantage incurred by the User due to false or out-of-date information in the registration.
The Services and the Application are not intended for children under the age of 18. In any event, User must secure his account to prevent use of the account by children under the age of 18 or the age of majority in their respective jurisdictions at the time of entry, if the age of majority is greater than eighteen (18) years of age in that jurisdiction, and will be solely and fully liable for such prohibited access.
The rights and qualifications of the user shall be exclusive to the registered user. Under no circumstances may such rights be shared with a third party, or transferred, sold, renamed, pledged, or in any other way secured by a third party, whether for a fee or free of charge. In the event that the Company determines that the operation of the Service is difficult due to the occurrence of a failure of the actual device or communication, or any other factor, the Company may restrict the User from using the Service until the said factor is resolved.
If a User wishes to change his/her account ID or password, the User shall follow the procedures prescribed by the Company.
The Company reserves the right to suspend the use of an account or delete an account in the event that any of the following occur. In such cases, all PTs and prizes will be confiscated.
6.PROHIBITED USE OF THE APPLICATION
The Services provided to you are offered through the online interface made available to you subject to successful downloading of the Application in accordance with the directions.
You are prohibited from doing any act that has the effect of jeopardizing the Company, the Services and/or the Application made available to you as aforementioned. It is hereby clarified that undermining the integrity of our system, the Application and the services via which we provide our Services to the Users may inflict great damage on the Company.
As a fundamental material term of this Agreement, you expressly agree that you will not do any of the following prohibited acts:
Prohibited acts related to this service
7.USER’S OWN RESPONSIBILITY
The user shall use this service at the user's own risk, and agrees to take full responsibility for any and all actions taken using this service (including, but not limited to, violations of this agreement), the results of such actions, and any damages incurred as a result of such actions (including any and all costs such as legal proceedings). You will be liable for any damages (including all costs of legal proceedings) resulting from your actions. The Company shall be exempted from any and all liability for such actions.
In the event that a user defames another person's reputation through the use of this service, violates privacy rights, discloses a third party's personal information without permission, or otherwise infringes on another person's rights (including, but not limited to, copyrights, trademark rights, and portrait rights), the user shall resolve the matter at his/her own responsibility and expense. The User shall resolve the matter at his/her own responsibility and expense, and shall not cause any inconvenience or damage to anyone other than the User him/herself, including the Company.
Users shall prepare and implement, at their own expense and responsibility, communication equipment, software, telephone line usage contracts, and subscriptions to Internet service providers in order to use this service.
Users shall manage their own passwords at their own risk. We will not be held responsible for any damages incurred by users due to unauthorized use of their passwords by third parties. In addition, in the event that the Company or a third party suffers damage due to the unauthorized use of a password, the registered user in question shall bear all responsibility.
If it becomes necessary to revise the information registered at the start of this service, the user shall promptly revise the registered information in accordance with the procedures prescribed by the Company.
When playing Crane Game+ using a wirelessly operated terminal, such as a smartphone or tablet, the user shall be deemed to have recognized in advance the instability of communication conditions, and to have chosen to play the game at their own risk in the event of a malfunction due to such instability, and shall not be guaranteed compensation for such malfunction. In accordance with 7.1 above, no compensation is guaranteed.
For the purpose of using the Application and participating in the game offered therein, the User will purchase PT (“PT” sometime referred to as “play points”) with real world money, which will be used to operate the machine. PT may not be redeemed for real money, goods, services or any other item of monetary value from the Company or any other party, except for participating in the game provided on the Application and may not be exchanged or traded. You understand that you have no right, title or interest in any PT. The PT, once used, are non-refundable, regardless of the result of the game. It is hereby further clarified that upon use of the game the User will not have any complaints or claims and the transaction is deemed final and no refunds are possible thereafter. The Company reserves the right to manage, control, change and/or cancel PT or the way any of them work at its sole discretion and without prior notice, including the prices and availability of PT. The services and prizes offered by the Company in exchange for PT may be discontinued or modified at any time in our sole discretion. PT may only be held by legal residents of countries where access to and use of the Services are permitted.
PT Expiration Date
The PT owned by a user shall be valid until 24:00 on the 180th day from the date the user purchased the PT. PTs are valid only for the period during which the user is qualified to use the service. If a user withdraws from the service or is disqualified from using the service for reasons otherwise specified by the Company, the PTs owned by the user shall be forfeited. The user shall not be able to file any complaint against such revocation.
PT Refund Policy
Redemption and refund of PT
When a user's registration is cancelled (including cancellation of user status by the Company), the Company shall not make any redemption or refund of the PT balance owned by the user.
The amount of usage fees for paid services, payment method, accrual criteria, calculation method, etc., shall be in accordance with the fee schedule, etc., separately stipulated by the Company.
The Company may, at its discretion, separately limit the amount of use of the paid services by users.
9.DELIVERY AND OWNERSHIP OF PRIZES
The games offered on the Application allow the User to win a prize (in our claw-based games, this typically means catching the prize clawed by the machine through the game and dropping it in the prize drop chute). All determinations with respect to prizes and winnings will be made in Company’s sole and absolute discretion and will be final and binding on you in all respects.
The prizes offered on the game machines are products of third party resellers or suppliers and are not under the control or responsibility of the Company. The Company will have no liability with respect to the prizes, including with respect to quality, defects, color, variations from the picture, including any claim under any theory of product liability or any descriptions that are provided by the applicable manufacturers and/or distributors of the prizes. As such, the User acknowledges that the Company’s sole responsibility is to arrange the delivery of the prize to the winning User solely at the home address provided by such User to the Company and the User represents and warrants that such address provided to the Company is the User’s home address. Shipping is done by third party service providers and therefore the exact shipping time is not guaranteed. Please be advised that when proceeding a high or unusual number of shipments, your shipment may be delayed.
Users may receive prizes won through the Service at their registered shipping address in accordance with these Terms and Conditions. The Company will not send prizes to any third party.
If a user wishes to have a prize shipped, the user shall apply to the Company for delivery by 24:00 on the 14th day starting from the day the user wins the prize for delivery, using the method specified by the Company. If the application is not made within this period, the user shall lose all rights to the prize. If the application is not made within this period, the user will lose all rights to the prize.
The risk of the prizes won by the user shall be transferred from the Company to the user upon the Company's receipt of the delivery request set forth in the preceding paragraph, and the ownership of the prizes shall be transferred from the Company to the user upon the user's receipt of the prizes.
Delivery charges, payment methods, etc. for the delivery of prizes won by users shall be in accordance with the rates and fee schedule separately stipulated by the Company.
Delivery of prizes shall be made in a manner determined by the Company, and users may not specify the delivery company or other delivery method, nor may they specify the date and time of delivery.
In the event that the Company is unable to deliver the prize to the user due to reasons attributable to the Company, the Company shall be exempted from liability for damages by granting the user the PT (limited to paid PT) used to acquire the prize free of charge.
The Company reserves the right to suspend delivery of prizes in the event of a chargeback or other suspension of payment in connection with any and all payments for the Services by the User.
If the prize is returned due to reasons attributable to the user (e.g., address unknown, absence of the user, refusal to receive the prize, etc.), the user will lose all rights to the prize. After that, the ownership of the prize shall belong to the Company, and the Company shall have no obligation to the User, including storage and delivery of the prize. In this case, the company will not refund any points used by the user to win the prize or send the prize.
In the event that a prize delivered to a user is faulty, defective, or otherwise malfunctioning, or that the Company is unable to deliver the prize to the user for reasons attributable to the Company, the user shall notify the Company at the address designated by the Service within three days of the date of delivery. Upon receipt of such notification, the Company will replace the defective prize with a non-defective one. If the user does not contact the Company within the aforementioned period, the delivered prize will be deemed to be free of defects. If there are no prizes identical to the prize in question, the user will be given the PT (limited to paid PT) that he or she has used consecutively to obtain the prize. The Company shall not be held responsible for any defect or loss of prizes other than those specified in this section.
The package of a delivered prize is regarded as a cushioning and packing material to protect the prize itself by each prize vendor. Due to the nature of crane games, packages of prizes may be scratched by the crane game machine's arm operation, dented or damaged when the prize is dropped, or damaged by transportation. In the event that a prize package is found to be scratched, dented, damaged, or has a sticker attached to it, the prize will not be replaced, PT will not be added, and any applicable fees once paid will not be refunded.
Credit card and credit card information such as expiration date will be handed over to our outsourced settlement agent, and will not be stored by us.
The user shall pay the fee for using the paid services in accordance with the payment method and conditions separately stipulated by the Company.
In the event that a dispute arises between a user and a settlement company or a settlement agent over fees or other financial obligations regarding the settlement method used by the user for paid services, the dispute shall be settled between the user and the relevant party, and the Company shall not be involved in or be responsible for the dispute at all.
11.INTERRUPTION OF PAID SERVICE
We may, at our discretion, interrupt the provision of all or part of our paid services at any time without prior notice to our users.
The Company shall not be liable for any damages incurred by users or third parties as a result of interruption of paid services.
In the case of suspension of paid services, users shall not be able to request any redemption / refund for the KP balance owned by the user.
12.ABORTING OF PAID SERVICE
We may, at our discretion, post notices to users on the "Claw Machine+ Clawtopia" website http://j-claw.com at least 30 days before the date of termination of paid services, at any time, in whole or in part, for paid services. May discontinue the provision of
The Company shall not be liable for any damages incurred by users or third parties as a result of the termination of paid services.
The User shall not be able to ask for any redemption / refund regarding the KP balance owned by the User when the paid service is discontinued.
13.LIMITATION OF USE
The Company shall be able to restrict the use of the Service by the relevant user without giving prior notice if any of the following situations occur. The method and content of the restriction can be determined at our discretion.
14.UNSUBSCRIBE MEMBERSHIP, SUSPENSION OF USE, TERMINATION OF AGREEMENT TO THESE TERMS AND CONDITIONS
If the user wants to unsubscribe from this service, you can unsubscribe from My Page "Unsubscribe". There is no charge for unsubscribe.
After accepting the unsubscribe request in the previous paragraph, we will unsubscribe from the service upon termination of mail delivery from this service. In addition, please note in advance that there will be no refund of possession points or shipping of earned items upon unsubscribe.
If the user who has been restricted to use the service does not correct or eliminate the factor whose use is restricted despite the notice on the prescribed time limit, he / she is notified to the user by the method determined by our company, It shall be possible to cancel the registration of the user concerned and the use of this service.
If it is judged that the cause of the usage restriction of this service is the serious damage to our company or the extremely malicious content, we will cancel the registration and this service without prior notice to the relevant user regardless of the preceding paragraph. It is possible to stop the use of
The Company shall not be liable for damages or any other liability for the consequences or damages to users or third parties resulting from the implementation of the measures described in the preceding paragraph.
15.USER UPLOAD INFORMATION
When using this service, if the user discloses some text, information or design on the Web in various ways, the user may infringe the rights of all others (including ours) except the user. It shall be done after fully confirming the things that you do not do.
In order to manage this service, we shall be able to view the information uploaded by the user at any time.
In any of the following cases, upload information can be corrected or deleted promptly without prior notification to the relevant user. However, we have no responsibility for managing uploaded information, and if the user or any other person (including our company) suffers any expense or damage as a result of not modifying or deleting it, the user bears all responsibility. We shall not be liable for any kind.
When the upload information exceeds the limits (period, amount, etc.) set by our company.
If the upload information is an act that infringes on the rights of the Company or a third party, or an act that has the risk of that.
When the upload information is an act against the law and public order and morals, or an act with the fear of it.
When the Company determines that it is necessary for maintenance inspection and management of this service.
If the user's upload information causes any cost or damage to us, the user will bear the cost incurred for us and compensate for the damage based on our request.
The Company shall not be liable or liable for any of the following matters, either under the Terms and Conditions or under the law. In addition, even if there is any problem in the following matters, the Company shall not be obligated to correct its obligation and to compensate for the special damage, indirect damage, incidental damage and consequent damage.
18.SUSPENSION AND DISCONTINUATION OF SERVICE
If it becomes difficult to provide the Service for any of the following reasons, the Company may, at its discretion, suspend any or all of the Service without giving prior notice to users.
We may discontinue part or all of this service at any time for any reason at our discretion. The cancellation will be announced on our website at least 30 days before the scheduled date.
The Company shall be liable for any and all expenses and damages incurred by the user or third party upon interruption or discontinuation of part or all of the services for the reasons set forth in the preceding paragraph or this paragraph. Shall not.
With respect to data including points, personal information, etc. that existed in the service in relation to the user who is using the service when part or all of the service is suspended during operation of the service, the user It is not possible to make a request for.
19.ATTRIBUTION OF RIGHTS
The following elements (information, programs and software, trademarks, trade names, know-how, trade secrets) included in this service and the rights pertaining to overall technology associated with them (including patent right, utility model right, design right, copyright, etc.) Other rights, including the right to use, management rights, etc. pertaining to them, belong to the Company or a third party having such rights.
Users may modify or adapt the following elements (information, programs and software, trademarks, trade names) included in this service without obtaining prior written consent of the Company or third party who is the right holder of them. It shall not be possible to copy, edit, reproduce, distribute, transmit or publish, and in addition to these, it shall not be possible to use for commercial purposes beyond the scope of private use specified in the law.
At the time of uploading by the user, the user shall at any time, at our discretion, copy, upload and distribute the upload information to the Company without charge. When we transmit or distribute the uploaded information from our company to a third party, we will keep it confidential from which user the information was specifically uploaded.
The user can use the proposal for the various proposals, etc. related to the service submitted in connection with the use of the service without obtaining the permission of the user who has been proposed, published or presented. will do.
20.RECOVERY MEASURES, LIABILITY FOR DAMAGES
If the user has made the prohibitions described in the preceding article, we can recover them and take all necessary and appropriate actions to properly and smoothly use, provide and operate the Service.
In the event that the Company or a third party suffers damage as a result of the user violating the provisions of the Terms, the user shall be liable for the damage based on the request of the Company or the third party. will do.
The Company does not take any responsibility for the development, operation, or provision of the Service, including paid services, to the User, and in the case where any problem, dispute, trouble, etc. occurs among the users through the Service. However, we assume no responsibility for these.
User information and other data related to users may be lost or lost due to force majeure beyond our expectations such as malfunction of equipment providing this service, trouble, power failure etc. and abnormality of communication line. The Company shall not be liable for any damages resulting from loss, loss or delay of membership information or other data related to membership due to the occurrence of such a situation except in cases of intentional or gross negligence.
Notwithstanding the provisions of this Article, if the Company's indemnity stipulated in the Terms and Conditions is not granted due to compulsory laws or court decisions, etc., the Company shall bear the responsibility of reparing only the direct damages suffered by the user. (Ie lost profits, resulting damages and other indirect damages are not covered by any compensation) and the paid service fee for the user is the upper limit of damages.
Users will, at their discretion, try to avoid using the Service excessively to disturb a healthy living environment. The Company shall not be liable for any social, mental or physical damage caused by the user deviating from the above-mentioned appropriate use.
After the user's retention period has passed, the user loses all rights to the gift acquired by the user, and the Company assumes no obligation to the user, including possession and delivery. The Company shall not be liable to the user, including the quality of the item, for the item delivered to the user prior to the holding period.
22.GOVERNING LAW AND DISPUTE RESOLUTION
These terms and conditions shall be governed by the laws of Japan. If any problems, disputes, problems, etc. occur in relation to the Service between the user and the Company, the parties shall settle the problem by consultation based on the principle of good faith. If the problem can not be resolved by consultation between the parties, the Tokyo District Court shall act as the exclusive jurisdiction court of the first trial between the parties concerned. However, any lawsuit must be started within one year after the cause of the lawsuit, and after one year, the lawsuit based on the cause can not be made permanently.