End User License Agreement

LAST UPDATED: 1 June 2015

IMPORTANT: PLEASE READ—USE MEANS ACCEPTANCE!!

Introduction

Welcome, and thank you for your interest in our entertainment software and services related to that software (collectively, our "Services")! By installing, using, or accessing our Services you agree to be bound by this End User License Agreement ("EULA"). In this EULA, "DeNA", "us", "we", or "our" means DeNA Travel Co., Ltd.

1. Eligibility

You must be at least 13 to access our Services. By accessing our Services, you are warranting that you are 13 or older and agreeing that you will comply with the terms and conditions of this EULA.

2. Device Usage

You represent that you own or control the device you use to access our Services (“your Device"), and understand that airtime, data, messaging, and other charges from the provider of your Device may apply. It is your responsibility to determine what costs apply, and to pay those costs. In addition, it is your responsibility to determine whether your Device is compatible with our Services.

DeNA does not make any representations, warranties, or guarantees that our Services will be compatible with, or accessible by, your Device.

3. License

(a) Grant. With the exception of third party materials and user-generated materials as addressed below, all content of our Services, including text, photographs, images, graphics, designs, trademarks, audio, video, games, applications, items, software and files (the "DeNA Content") is proprietary of DeNA and its licensors. DeNA hereby grants you a limited, non-exclusive, non-transferrable, non-sublicensable, and revocable license to reproduce and display DeNA Content on your Device solely for your personal, non-commercial, and entertainment use. Except as permitted by this EULA, you may not copy, modify, translate, distribute, transmit, publish, republish, perform, display, post, download, upload, frame, make available, lend, hire, communicate to the public, adapt, or sell any DeNA Content. Any unauthorized use of DeNA Content may violate copyright, trademark, patent, trade secret, or other applicable laws and regulations and will result in the termination of this license. Except only as expressly set forth in this EULA, this EULA does not grant to you any license to any intellectual property rights or other proprietary rights.

(b) Compliance with Third-Party Terms. This grant of license is conditional on your compliance with the terms and conditions of use of third parties as may be applicable to your use of our Services, including the terms and conditions of any mobile application storefront/marketplaces of our Services.

(c) No Sale. You agree that our Services and any DeNA Content are at all times licensed and not sold.

4. Third Party Content and Services

(a) Links to Content. Our Services may contain links to third party websites, and content (including without limitation text, photographs, images, graphics, designs, audio, video, games, applications, software, and files) owned by, or originating from, third parties. DeNA is not responsible for the accuracy, appropriateness, or completeness of, or the opinions expressed or views espoused on or in, such websites or content and DeNA does not necessarily monitor or investigate such websites or content or verify the accuracy, appropriateness, or completeness of such websites or content. DeNA's inclusion of any linked website or third party content in connection with our Services does not imply approval or endorsement of such website or content by DeNA. If you follow a link to a third party website or content, or otherwise access or use such a website or content, you do so solely at your own risk, and DeNA's Privacy Policy and other policies and practices do not apply to any information gathered by such third party.

(b) Advertising. DeNA takes no responsibility for third party advertisements or third party applications that are posted on or through our Services or goods or services provided or promoted by any third party through third party advertisements through our Services, nor does it take any responsibility for goods or services provided by its advertisers. DeNA is not responsible for the conduct, whether online or offline, of any user of our Services (“User”). Reference to any products, services, content, or other information, whether by trade name, trade mark, service mark, manufacturer, supplier, or otherwise does not constitute or imply sponsorship, endorsement, or recommendation by DeNA.

(c) Third Party Services. Our Services may provide direct integration/access to services of third parties ("Accessed Services"). The above paragraphs (a) and (b) apply equally to Accessed Services. Further, you agree that you shall follow any Accessed Services’ terms and conditions for users of its content and/or services.

5. User—Generated Content

(a) Your Responsibility. You may not post, transmit, store, or share any User Content that is not an original work of authorship by you or for which you do not have rights or permission to do so. You are solely responsible for all text, photographs, images, graphics, designs, audio, video, games, applications, software, files, user profiles, messages, and other content (collectively, "User Content") that you post, transmit, or share, and you are solely responsible for creating backup copies of any User Content and for replacing any User Content to the extent you desire to do so and the replacement is consistent with this EULA.

(b) Ownership and License — How We May Use Your Content. Subject to the following license between you and DeNA, you retain ownership of all of your rights in the User Content. By posting, storing, or transmitting User Content, you (i) authorize DeNA to reproduce, distribute, transmit, and use such User Content as necessary to facilitate the posting, storage, and transmission of, and the access to, such User Content; and (ii) grant to DeNA a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, distribute, publicly perform, publicly display, reformat, translate, excerpt, modify, and create derivative works of your User Content for any purpose (commercial or non-commercial). You may request removal of any of your User Content from our Services at any time, in which case the foregoing license will terminate with regard to future use after we remove it; however, DeNA may retain archived copies of your User Content for so long as is necessary for administrative purposes, and, if DeNA has used your User Content prior to removal, DeNA may continue to use your User Content in any manner DeNA previously had used such content. (For example, if your User Content was included in an advertisement, DeNA may continue to use such advertisement.)

(c) No Liability for User Content. DeNA has no liability to you for User Content, and makes no representations or warranties, express or implied, as to or the accuracy, reliability, or content of User Content and such User Content does not necessarily reflect the opinions, positions, or policies of DeNA. Although DeNA provides rules and principles for User conduct and postings, DeNA does not control, and has no liability to you for, what Users post, transmit, or share. Further, DeNA has no liability to you for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter or access.

6. User Conduct

(a) General. You may use our Services solely for your personal, non-commercial, and entertainment use. You represent, warrant, and agree that you will not use our Services in an unlawful, threatening, or harassing manner, or take any action that, in DeNA's sole discretion, is considered offensive, libelous, defamatory, immoral, objectionable, or unethical or that is otherwise inconsistent with the standards of the relevant community and good conduct that DeNA intends to govern the use of our Services. In addition to the above, you agree not to do any of the following in connection with our Services or Accessed Services:

  • Post, upload, publish, submit, or transmit any text, graphics, images, software, music, audio, video, information or other material that:
    • infringes, misappropriates, or violates a third party's rights (including intellectual property rights);
    • violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    • is fraudulent, false, misleading, or deceptive;
    • is defamatory, obscene, pornographic, vulgar, or offensive;
    • promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
    • is violent or threatening or promotes violence or actions that are threatening to any other person; or
    • promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
  • Use, display, mirror, frame, or utilize framing techniques to enclose any content, or any individual element or materials of any content, any name or trademark, logo, or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without express written consent;
  • Access, tamper with, or use non-public areas of any system, software, or network;
  • Attempt to probe, scan, or test the vulnerability of any system, software, or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure;
  • Attempt to access or search services or content, or download content, through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by the service or content provider or other generally available third-party web browsers (such as Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, Apple Safari, or Opera);
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing any trademark, logo URL, or product name without express written consent;
  • Use any services or content for any commercial purpose or the benefit of any third party;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way any services or content to send altered, deceptive, or false source-identifying information;
  • Attempt to decipher, decompile, disassemble, or reverse engineer any software used to provide services or content;
  • Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing;
  • Collect or store any personally identifiable information from any service, or from other users of services, without express permission;
  • Impersonate or misrepresent your affiliation with any person;
  • Violate any applicable law or regulation;
  • Take any action that infringes or violates the rights of any other person or entity;
  • Bully, harass, or intimidate any person;
  • Solicit credentials from another person or collect user content or otherwise access any system, software, or network by automated means, including bots, robots, or spiders;
  • Create an account for anyone other than yourself;
  • Use your account or profile for personal commercial gain;
  • Use cheats, exploits, hacks, bots, mods, or third party software designed to gain an advantage, perceived or actual, over other persons, or modify or interfere with any system, software, or network in any way;
  • Abuse or exploit a bug, glitch, or other mechanism in any system, software, or network
  • Engage in any fraudulent behavior, including credit card scams or credit card misappropriation; or
  • Encourage or enable any other person to do any of the foregoing.

(b) Not Restricted Country/Party. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(c) Legal Action by DeNA. DeNA reserves the right to investigate and take legal action against violators as appropriate.

(d) Notification of Prohibited Acts. If you believe any of the foregoing prohibited acts are taking place, please notify us promptly at support-melpy@dena-travel.com.

7. Content Removal & Termination

(a) Right to Remove. DeNA reserves the right, in its sole judgment, to remove, reject, deny, prohibit, disable access to, or refuse to post or transmit, any User Content, and to deny, restrict, suspend, discontinue, or terminate access to our Services or Accessed Services or any portion thereof at any time with or without prior notice or explanation, for any or no reason, and without liability, including where DeNA determines or believes, in its sole discretion, that you have violated this EULA or to protect DeNA, third parties, our Services, or Users from perceived harm.

(b) Right to Monitor. You acknowledge that DeNA has no obligation to monitor or record your access to or use of our Services or Accessed Services, or to monitor, record, or edit any User Content, but agree that we have the right to do so for the purpose of operating our Services, to ensure your compliance with this EULA, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. You acknowledge and agree that you have no expectation of privacy concerning uploads, transmissions, or submissions of any User Content.

8. Privacy

The privacy of Users is important to DeNA. DeNA's Privacy Policy, which is incorporated into this EULA by reference, is available here. You agree that by accessing our Services you consent to have your personal data transferred to, and processed in, Japan and other countries and territories.

9. Policy on Infringing Use

(a) Policy Statement. DeNA respects the intellectual property rights of others and expects its Users to behave likewise. Accordingly, you may not upload, post, send, or transmit to or through our Services or Accessed Services any materials that violate third party intellectual property rights. Further, in accordance with DeNA's repeat infringer policy expressed in our Copyright Infringement notice available here and incorporated herein by reference, it is the policy of DeNA to suspend, restrict, or terminate, in appropriate circumstances, subscriptions and accounts held by Users who are repeat infringers. For greater certainty, the foregoing is in addition to and without limitation of anything else herein or at law, including DeNA's right, in its sole discretion, to cause the suspension, restriction, or termination of access to our Services or Accessed Services for Users who infringe any intellectual property rights of ours or of any third party at any time, including those who are repeat infringers for the purposes of applicable law.

(b) Infringement. If you believe that any copyrighted work owned by you has been copied or used in such a manner so as to constitute copyright infringement in connection with material or data provided through our Services, you may notify DeNA's designated copyright agent for receiving claims of copyright infringement as follows:

ATTN: COPYRIGHT AGENT
DeNA Travel Co., Ltd., Shinjuku Sankocho Bldg, 5-15-5 Shinjuku, Shinjuku-ku, Tokyo 160-8341 JAPAN
Tel: +81-3-6866-5674
Email: support-melpy@dena-travel.com

Please note, though, that as referred to in more detail in our Copyright Infringement notice available here certain legal requirements and restrictions apply to such notices; you are encouraged to familiarize yourself with such requirements and restrictions, or to consult an attorney, before providing any notices of any kind to us in this connection.

10. Disclaimers; No Warranties

YOU EXPRESSLY AGREE THAT THE USE OF OUR SERVICES OR ACCESSED SERVICES IS AT YOUR SOLE RISK. OUR SERVICES, INCLUDING ANY CONTENT PROVIDED THROUGH OUR SERVICES AND ACCESSED SERVICES, IS PROVIDED ON AN "AS IS" BASIS AND DENA HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.

DENA MAKES NO WARRANTY THAT OUR SERVICES OR ACCESSED SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DENA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, LICENSES, OR CONTENT PURCHASED OR OBTAINED THROUGH OUR SERVICES OR ACCESSED SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES OR ACCESSED SERVICES.

TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR ACCESS TO OR USE OF OUR SERVICES.

11. Limitation of Liability

IN NO EVENT WILL DENA, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM YOUR USE OF ANY OF OUR PRODUCTS OR SERVICES, EVEN IF DENA IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, DENA'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS (100 US DOLLARS). TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE DENA'S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR ACCESS TO OR USE OF ANY OF OUR PRODUCTS OR SERVICES.

12. Disputes

(a) With Third Parties. You are solely responsible for your interactions with third parties.

(b) Governing Law. You agree that the laws of Japan, excluding its conflicts of law rules, will govern this EULA and any dispute between you and DeNA.

(c) Jurisdiction and Venue. You and DeNA agree to submit to the exclusive jurisdiction of, and venue in, the Tokyo District Court in Japan with respect to any dispute between you and DeNA. You hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to this choice of jurisdiction and venue. This choice of jurisdiction and venue does not prevent either you or DeNA from seeking injunctive relief for any violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

13. Indemnity

You agree to indemnify and hold harmless DeNA, its affiliates, and its and their respective directors, managers, officers, members, employees, agents, successors, and assigns from and against any and all losses, claims, liabilities, damages, demands, costs and expenses (including reasonable attorneys' fees and costs of investigation), arising out of, or related to, (i) your use of our Services or Accessed Services; (ii) your breach of this EULA or our Privacy Policy; and (iii) your violation of any law or regulation or of any third party rights, including any third party intellectual property rights. The obligations set forth in this Section will survive any termination or expiration of this EULA, our Privacy Policy, or your use of our Services.

14. Changes to EULA

We reserve the right to change this EULA at any time. If we change this EULA in a material way, we will give notice of that in our software, on our Website, and/or by email to any email address we may have for you at that time. Your use of our Services after we have changed the EULA will indicate your consent to the updated EULA.

15. Miscellaneous

You accept this EULA by accessing our Services. This EULA constitutes the entire agreement between you and DeNA regarding your use of our Services. If any provision of this EULA is determined to be invalid or unenforceable such provision will be deemed severed from this EULA and the remaining provisions of this EULA will not be affected thereby and will continue to be binding upon you and enforceable. The failure of DeNA to insist upon strict performance of any of the provisions contained in this EULA will not constitute a waiver of our rights, at law or in equity, or a waiver of any other provisions or subsequent default by you in the performance or compliance with any of the terms and conditions of this EULA. This EULA and the license granted hereunder may not be transferred or assigned by you, and any attempted transfer or assignment will be void and ineffective. DeNA may freely assign this EULA and its rights and obligations hereunder without restriction. We may provide notice to you through our Services, our Website, by email, or by any other means that you may inform us of; except as otherwise provided in this EULA, all notices given by you under this EULA shall be made by post to DeNA Travel Co., Ltd., Attn: Legal Department, Shinjuku Sankocho Bldg, 5-15-5 Shinjuku, Shinjuku-ku, Tokyo 160-8341 JAPAN. Any mobile application storefront/marketplace of our Services, and its subsidiaries, are third party beneficiaries of this EULA, and will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.

If you have any questions concerning our Services or this EULA, or for product or support issues, please contact us at support-melpy@dena-travel.com.

16. Melpy Points Program

From time to time, DeNA may, in its sole discretion, offer a user rewards program (“Program”) whereby Users can earn, use or be awarded Program points in accordance with the Melpy Points Terms and Conditions, which is incorporated by reference herein, and available here.

© DeNA Travel Co., Ltd.