Last Updated: November 27, 2019
1-6-1 Ōmorihoncho, Ota-ku, Tokyo
GENDA SEGA Entertainment Inc.
Article 1: Definition of Terms
- “Account” is the right provided for each user in order to use the Service.
- “Account ID” is the ID necessary for the user to access their Account.
- “Password” is the combination of numbers and letters given to the User by the Company in order to access their account.
- “SP” is the virtual currency sold by the Service to be used within the Service.
- “Prizes” are products that the user may receive through the use of the Service. The Company does not guarantee that the use of the Service will result in the receipt of prizes.
Article 2: User Registration
- Use of this service is limited to the United States and Japan only.
- Account registration for the Service is offered and available to users who are at least 18 years of age or the age of majority in their respective jurisdiction.
- The Company depends upon parents and guardians to determine if the Service is appropriate for the viewing, access or purchases by minors. The Company does not intend the Service to be viewed or used by children under the age of 13. By using the Service, the user represents that they are age 13 or older.
- If the user performing the aforementioned Account registration is a minor or is otherwise incapable of forming a binding contract with the Company, it is necessary to obtain the consent of a legal representative, such as a parent or guardian. The Company assumes that in the case of an Account registration, the aforementioned legal representative’s consent has been obtained in advance.
- If the Company determines in its sole discretion that the user falls under any of the following categories, the Company, in its sole discretion, may not approve the Account registration. In addition, the Company is not required to explain the reason for the rejection of a registration.
- If the user entered incorrect information when accurate user information was necessary.
- If an aforementioned minor or individual otherwise incapable of forming a binding contract with the Company registered an Account without consent from a legal representative.
Article 3: Account Management
- As a result of registration specified in the previous article, users will be given an Account. Each user must manage their Account with care and must treat such information as confidential.
- The user agrees to monitor use of their Account by minors, and will deny access to children under the age of 13. The user accepts full responsibility for any unauthorized use of their Account by minors, including responsibility for any use of the user’s credit card or other payment instrument.
- Only the user who holds the Account has the right and qualification to use it. Users may not, in any case, share their rights and qualifications with a third party, or otherwise transfer, lend, or assign the rights to a third party regardless of whether or not they are paid or free, or provide them as collateral.
- Users may not hold multiple Accounts.
- If the user wishes to change their Account ID or password, they must follow the procedure prescribed by the Company.
Article 4: Purchasing SPs
- When using the Service, unless otherwise specified by the Company, the user must purchase and use SPs to partake in the Service.
- The purchase of SPs must be made through the procedure prescribed by the Company.
- When the user purchases SPs and the user’s credit card information is entered for each transaction, that information will be provided to a settlement agency. The Company does not retain this information and is not responsible for its storage.
- When purchasing SPs, if there is a dispute between the settlement agency and the user, the Company is not responsible for resolving the dispute. The dispute shall be resolved between the user and the settlement agency.
- If the user is a minor or is otherwise incapable of forming a binding contract, please purchase SPs only after obtaining the consent of a legal representative, such as a parent or guardian. The Company assumes that the purchase of SPs is made only after obtaining the consent of the aforementioned legal representative.
- The Company reserves the right to, in its sole discretion, place an upper limit and other restrictions upon the amount of SPs that may be purchased by a user for any Account.
Article 5: The Use and Validity of SPs
- The purchase of SPs does not guarantee the user the permanent or physical ownership of the SP that is purchased.
- When using SPs, consumption of purchased SPs shall prevail over free SPs.
- There is no validity period for SPs, but SPs may be revoked in the following cases:
- When use of an Account with SPs is suspended, based on Article 10.1 or Article 10.2.
- When a user’s Account is canceled, based on Article 7.
- In regards to free SPs only, when the Company terminates the free SP service as provided in Article 15.2.
- If the user is a minor or is otherwise incapable of forming a binding contract, please use SPs only after obtaining the consent of a legal representative, such as a parent or guardian. The Company assumes that the use of SPs is made only after obtaining the consent of the aforementioned legal representative.
Article 6: The Shipment of Prizes
- If the user wishes to have a Prize shipped to them, they must input their address, contact information, and other information requested by the Company in accordance with the Company’s guidelines.
- The address provided by the user must be an address at which they can receive the Prize. Prizes cannot be shipped to third parties or addresses other than the aforementioned user’s address.
- Unless otherwise specified by the Company, SPs must be used to ship Prizes.
- If the user does not follow the procedure in Article 6, paragraph 1 by 11:59PM Japan Standard Time 15 days after the date of the Prize acquisition, the user will lose the right to request shipment or otherwise receive the Prize.
- The ownership of the free prize acquired by the user shall be transferred from us to the user when the user requests delivery from us based on the previous issue, and at the same time the risk burden is transferred from us to the user.
- In the event that the Company cannot deliver the prize acquired by the user to the user who requested the delivery due to a reason attributable to the Company (including damage or loss of the prize acquired by the user), However, the liability of the Company is limited to any of the following items and other liability including liability for damages shall be waived.
- Shipment of alternative prizes
If it is possible to prepare an alternative prize of the same type within 14 days after it is determined that the prize cannot be delivered, we will deliver the alternative prize to the user. However, we are not responsible for procuring the same prize.
- Free grant of SP
If the correspondence in the previous item is not possible, the Company will grant the user the SP used by the user to acquire the prize free of charge.
- Shipment of alternative prizes
- If the user does not receive the prize due to the absence of the user, refusal to receive it, or any other reason attributable to the user, even though the Company has sent the prize to the user through the correct procedure. We assume that you have waived the ownership and all other rights related to the prize. Even in this case, we will not refund the SP used for the purchase of the prize or the shipment of the prize, or the refund of money or SP.
- In the event that customs duties are required in connection with the delivery set forth in delivery outside Japan, the user shall be responsible for the procedures related to the payment of customs duties including the pick-up work when the Premium is retained at customs.
- Our Company may provide information regarding tariffs based on inquiries from users regarding the shipping request procedure, but these informations are for reference only, the responsibility of the user to investigate the necessity, amount, and payment method of the tariffs related to the import.
Article 7: Account Cancellation Upon User Request
- If the user wishes to cancel their Account, they must carry out the procedure in accordance with the Company’s methods, as amended from time to time.
- When the user’s Account is canceled or otherwise terminated, all SPs purchased using that Account and any rights related to the shipping of Prizes will expire. Furthermore, except to the extent required by applicable law, the Company is not obligated to refund SPs, ship Prizes, or fulfill any other duties.
Article 8: Prohibited Matters
The following acts are prohibited by users while using this Service:
- Any act that infringes upon or may infringe upon the intellectual property rights or other legal rights of the Company or a third party.
- Any act regarding the disclosure or communication of a third party’s personal information, any acts that infringe upon the privacy or , likeness or publicity rights of a third party, or any other act which may lead to such infringements. For the removal of doubt, the foregoing acts are prohibited whether or not the “personal information of a third party” referenced in this paragraph was obtained through the use of the Service.
- Any act that the Company, in its sole discretion, believes may hinder or interfere with the operation of the Service for other users. (This includes the provision and distribution of harmful programs, such as computer viruses.)
- The act of modifying, falsifying, or editing the information/content of the copyrighted materials posted in the Service, as well as the act of redistribution regardless of the method. Furthermore, the act of publicizing the results or the method of the aforementioned modification/falsification/editing anywhere, including the Company’s website and the user’s personal website, regardless of the method.
- Any act that, in the sole discretion of the Company, damages the reputation or credibility of the Company or a third party, such as discrimination or slander, as well as any act that infringes upon the privacy of a third party.
- The act of posting, disclosing, providing, sending, or transmitting content that the Company, in its sole discretion, a third party or other users may consider offensive, including content that contains slander, harassment, or obscenity.
- The act of impersonating or attempting to impersonate the Company, a Company employee, another user, or any other person or entity and using this Service.
- The act of using this Service to promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- The act of disclosing Account IDs/passwords or asking other users for their information regardless of whether or not the information is yours or another user’s.
- Any act that involves using a bug in the programming or software of this Service (including client software or server software) for illegal or fraudulent purposes or informing others of the bug.
- All acts involving server emulators, as well as acts regarding the development, creation, participation in or distribution of server emulators, pirated versions of the Service’s programming or software, or utilities.
- The deliberate use of bugs in the Service’s programming or software.
- Any act of altering, modifying, or adapting the programming or software of this Service, creating a secondary work, or decompiling, disassembling, or analyzing communication information.
- Use of the Service for business or commercial activities, other profit-oriented activities, or the preparation for such activities.
- The posting, disclosure, provision, or transmission of false or fraudulent information that infringes upon the rights or interests of the Company or a third party.
- In addition to the previous items, any other acts that infringe upon or damage the rights or interest of the Company or third parties; acts that violate or may violate any applicable laws, regulations, rules, and orders, etc.; and other acts similar to the aforementioned matters.
- In addition to the matters set forth in the previous items, any act which the Company deems in its sole discretion to obstruct the provision of the Service by the Company or the use of the Service by other users.
Article 9: The User’s Responsibilities
- The user shall use the Service and perform all actions related to the Service at their own discretion with all actions being the user’s responsibility.
- In the event that a user, the Company or a third party receives complaints or inquiries from another third party regarding the user’s use of this Service, or any of its acts related to the Service, the Company assumes no liability and will refer all such complaints or inquiries to the user. It is the duty of the user to handle and resolve all such complaints or inquiries at the user’s own expense.
- The user is responsible for preparing and implementing the contracts for electronic devices, software, telephone, etc. and subscribe to an Internet provider in order to use the Service at their own expense.
Article 10: Account Termination, Suspension and Limitation of Use
- The Company, in its sole discretion and with or without notice to the user, may immediately restrict, suspend or terminate the appropriate user’s Account temporarily or permanently for any of the following reasons:
- If it has been determined that the user falls under any of the items of Article 2, Paragraph 5.
- If, according to the Company’s records, the user has not made use of the Service in more than one year after the date of the user’s last access to or use of the Service.
- If a user holding multiple Accounts has an Account restricted, suspended or terminated according to the preceding paragraphs in this Article, the Company has the right to restrict, suspend or terminate all of the user’s Accounts.
- If a user’s Account is permanently suspended or terminated according to the preceding paragraphs in this Article, all SPs purchased using such Account and any rights related to the shipping of prizes related to such Account shall be invalid. Furthermore, except to the extent required by applicable law, the Company is not obligated to refund SPs, ship prizes, or take any other action with respect to such Account.
Article 11: Personal Information
- CHILDREN UNDER THE AGE OF 13: The Company does not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on or through the Service. If the Company discovers that it has collected or received personal information from a child under 13, said information will be deleted. If you believe the Company might have any information from or about a child under 13, please contact us at [EMAIL ADDRESS].
- To provide the Service (including the shipment of prizes to users and responding to inquiries).
- To announce information about the Service and other related services (including advertisements from the Company/third parties and mail magazines).
- To respond to and deal with damage to the Service and questionnaires.
- To perform investigations and response operations to ensure the Company’s rights.
- Other uses, such as for the purpose of displaying information as it is being entered.
- Other uses with purposes made after obtaining individual consent from the user.
- When consent has been obtained from the user in advance.
- When disclosure of the information is required by applicable law or legal order.
- When provided to a contractor for a purpose defined in the preceding paragraph.
- When it is provided as statistical data after being processed sufficiently so that the user cannot be identified by the information.
- When provided to a third party in cases where the business related to the provision of the Service is assigned to a third party, such as in a business transfer.
- The Company shall keep a record of the IP address of the user using the Service, dates and times the Service was used, and other access logs. The Company shall only be able to disclose the access logs when disclosure is demanded for an investigation, trial, or other legal procedures, or when it is inquired for a valid reason by an agency, such as a bar association.
Article 12: Rights Attribution and Grant of Limited License
- All rights related to the information, programming, software, trademarks, trade names, know-how, trade secrets, or other related technologies (including patent rights, utility model rights, trademark rights, design rights, and copyrights) included in but not limited to this Service, belong to the Company or the appropriate third party who owns such rights.
- Any ideas regarding the Service that the user may have made public or presented to the Company while using the Service may be used by the Company without obtaining permission from and without liability to the user who disclosed or presented the ideas.
Article 13: Disclaimer of Warranties
- This Service is provided with the purpose of allowing users to play skill-based crane games for the opportunity to win Prizes. “Skill-based” means the outcome of all games are based predominantly upon the skill of users of the Service and not by chance. The Company has no knowledge of the probability of any particular user obtaining a Prize, and makes no representations or guarantees about an individual user’s chances or ability to obtain Prizes through the use of the Service or SPs.
- YOUR USE OF THE SERVICE AND ANY ITEMS OR PRIZES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS-IS” AND “AS AVAILABLE” AT THE TIME OF PROVISION, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE FOLLOWING MATTERS:
- THAT THE SERVICE WILL BE WORKING NORMALLY.
- THAT THE SERVICE DOES NOT HAVE ANY FAULTS.
- THAT THERE ARE NO BUGS, DEFECTS, OR FAULTS IN THE SERVICE OR THE SOFTWARE/DATA/INFORMATION PROVIDED BY THE SERVICE.
- THAT THE SERVER WILL NOT BE INTERRUPTED, THAT IT WILL BE PROVIDED IN A TIMELY MANNER, OR THAT SERVER ACCESS WILL ALWAYS BE AVAILABLE WHILE USING THE SERVICE.
- THAT THE CONTENT AND METHODS OF THE SERVICE WILL MATCH THE USER’S WISHES AND PURPOSES.
- THAT THE INFORMATION PROVIDED BY THE SERVICE IS ACCURATE AND RELIABLE.
- THAT THE INFORMATION SENT BY USERS WHILE USING THE SERVICE WILL BE STORED PROPERLY IN THE SPECIFIED SERVER; THAT IT WILL REACH THE COMPANY, OTHER USERS, OR THIRD PARTIES PROPERLY; OR THAT IT WILL BE DISPLAYED PROPERLY ON THE SCREEN.
- THAT THE SERVICE IS COMPLETELY SAFE (MEANING THAT THE USE OF THE SERVICE WILL NOT AFFECT THE USER’S PC OR INTERNET ENVIRONMENT).
- The Internet connection environment required for the use of the Service by the user is not available in every environment -- it is highly dependent upon the user’s communication environment and device specifications. The Company makes no guarantee that the Service can be used in every environment.
Article 14: Changes to the Service
At its discretion, the Company may change all or part of the Service at any time without prior notice to users. The Company shall not be liable for any direct or indirect costs or damages, including special, consequential, incidental, or punitive damages, caused to the user in connection with content changes of the Service made by the Company.
Article 15: The Suspension or Discontinuation of the Service
- The Company may temporarily or partially suspend provision of the Service at its sole discretion without any prior notice to users for any of the following reasons:
- In the case of a natural disaster such as an earthquake, tsunami, flood, or volcanic eruption, or other force majeure, such as war, disturbances, or riots.
- In cases of fires or blackouts.
- In cases where periodic or urgent maintenance of the Service’s systems is required.
- In cases where the Company is instructed or ordered by the law or other administrative agencies.
- For other operational or technical reasons.
- The Company may discontinue the Service at any time and for any reason at its discretion by notifying users on its official website (https://segacatcher.com/) at least 30 days before the scheduled discontinuation date.
- In accordance with paragraphs 1 and 2 of this Article, even if the Service is suspended or discontinued, the Company shall not be liable for any damages or losses caused to the user. Furthermore, even if the Service is discontinued in accordance with paragraph 2 of this Article, except to the extent required by applicable law, the Company shall not be obligated to refund unused SPs held by the user or compensate them in any other way.
Article 16: Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR PRIZES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY IN ORDER TO USE THE SERVICE IN THE 3 MONTHS PRECEDING THE OCCURRENCE OF THE CLAIM. THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Article 17: Relationship with the Law
Article 18: Compliance with Laws
Various laws and regulations apply to sweepstakes and contests with prizes and entry fees, such as the Service (“Gaming Laws”). Gaming Laws may exist at the federal or national, state or provincial and local levels. The Service may be considered to violate the Gaming Laws of some jurisdictions, including certain US states (“Prohibited Jurisdictions”). THE COMPANY DOES NOT KNOWINGLY OFFER AND DOES NOT INTEND TO OFFER THE SERVICE IN THE PROHIBITED JURISDICTIONS. IF YOU ARE LOCATED IN A PROHIBITED JURISDICTION, YOU MAY NOT USE THE SERVICE, EVEN IF IT IS ACCESSIBLE ON YOUR DEVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LEGAL CONSEQUENCES OF USING THE SERVICE IN A PROHIBITED JURISDICTION.
THE COMPANY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR USE OF THE SERVICE, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH THE COMPANY HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATION OR WARRANTY. THE SERVICE IS VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAW. Your use of the Service is at your own risk, and you agree not to hold the Company responsible or liable if applicable laws restrict or prohibit your access or participation.
Article 19: Court of Jurisdiction
The Tokyo District Court or the Tokyo Summary Court shall be the first courts of jurisdiction for all disputes arising from or related to the Service.
Article 21: No Waiver
Article 22: Entire Agreement
Established November 15, 2019