Terms
Melpot Inc. (hereinafter referred to as “Melpot”) has established the following terms of this Service Agreement (hereinafter referred to as “Agreement”) for the services (including but not limited app, games, and other services) operated and provided by Melpot.
Article 1 Definitions
The following terms are used in the Agreement.
The “Services ” refers to the services operated and provided by Melpot, and together with the applications that are required to be installed to use the Services.
The “User” is the general term for customers who use the Services.
An ”Account” refers to the User’s information that is on file with Melpot and it is the identifier issued by Melpot to identify the User. The establishment of an Account shall be necessary in order for the User to use the Services.
The "Individual Service Agreement" refers to the terms and conditions which are presented by Melpot, in addition to the Agreement, described as an agreement, guidelines, or policy.
The “Content” shall refer to the content that can be used, viewed, or accessed through the Services and includes text, audio, music, images, video, software, programs, code, User’s name and other information used in the Services.
The "Fee-based Services" refers to those services and contents that require payment of usage fees by the User.
Article 2 Consent to the Agreement
User’s use of this Services is subject to the User consenting to the terms and conditions of the Agreement and the Individual Service Agreement.
A contract for the use of this services shall be established between the User and Melpot at the time the User agrees to the terms of the Agreement.
Article 3 Changes to the Agreement and Disclaimers
Melpot reserves the right to amend the Agreement and/or the Individual Service Agreement in the event that Melpot considers any amendments need to be made.
Melpot shall inform the Users about the proposed amendment via its website or in-services messages before the amendment is scheduled to take effect.
The Agreement after the change and the Individual Services Agreement shall become effective from the effective date determined by Melpot.
If the Agreement or the Individual Service Agreement are changed and the User uses the Services after the change takes effect, the User is deemed to have agreed to all the contents of the changed Agreement or Individual Service Agreement.
Article 4 Handling of the Personal Information
Melpot shall handle the personal information obtained from the User in accordance with the “Privacy Policy”, as set forth separately by Melpot.
Article 5 Privacy of communications
Melpot shall protect the confidentiality of the User's secrecy of any means of communication in accordance with Article 4 of the Telecommunications Business Act (Act No. 86 of 1984). However, in the event that the Melpot deems that any of the following items apply, the Melpot may view, disclose or delete any information related to the confidentiality of the User's secrecy of any means of communication without prior notice to the User.
When an enforceable disposition or court order is made pursuant to the provisions of the Code of Criminal Procedure (Act No. 131 of 1948) or the Act on Wiretapping for Criminal Investigation (Act No. 137 of 1999).
In the event of an enforceable disposition based on laws and regulations.
In the event that Melpot determines that the requirements for a disclosure request based on Article 4 of the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Disclosure of Identification Information of the Senders (Act No. 137 of 2001) have been met.
In the event that Melpot deems it necessary to protect the life, body, property, honor, or privacy of others.
If the User has given consent.
In the event that Melpot deems it necessary for the proper operation of the Services.
Article 6 Attribution of copyrights and other rights
All copyrights, publicity rights and other intellectual property rights, ownership rights and other property rights, as well as portrait rights and other moral rights in the text, images, programs, and all other information that make up the Services belong to Melpot or the third party that holds such rights.
Article 7 Account
The User shall be required to register for an Account before starting to use the Services.
Each The account for the Services belongs exclusively to each the User. The User cannot transfer, loan or pass on any of the usage rights in the Services to a third party.
In the event the User registers information about the User during account registration, the User shall provide true, accurate, and complete information.
Melpot shall not be held responsible for any trouble caused by incomplete or incorrect information registered by the User when using the Services.
Melpot shall consider any acts performed on the User’s account as his/her own acts. Melpot provides no guarantees in any damages incurred by the User due to the actions of a third party.
The User shall be responsible for strictly managing his/her own account to prevent any unauthorized use by a third party of the information registered when using the Services. The User shall be responsible for resolving any problems that may arise from the User's account being disclosed to a third party through publicity media, servicess on the Internet, or other methods, and Melpot shall not be held responsible for any such problems.
If the User becomes aware that the User’s account may have been acquired and used by a third party, the User shall take all reasonable and necessary measures to avoid any damage caused by the unauthorized use of the account.
Melpot may restrict the use of part or all of the Services if Melpot deems it necessary and requested the User information is not registered.
The User assumes all responsibility for any and all own actions taken in the Services and the results thereof.
In the event that the User violates the Agreement, Melpot may delete the User's account and any information associated with the account without prior notice to the User. All of the User's rights to use the Services will be terminated when the account is revoked or deleted, regardless of the reason.
Melpot provides no guarantees that the User's account will be transferred if the User changes the terminal or communication equipment used to use the Services.
Article 8 Provision of the Services
Melpot reserves the right to change, suspend or terminate at its discretion the Services and all the services provided using the Services.
If the Services is terminated under the preceding paragraph, the play data of the User in the Services shall be deleted at the same time as the Services are terminated.
Fee-based Services are not refundable, transferable, or exchangeable upon cancellation by the User, unless a refund or other repayment is required by applicable law/regulation.
Article 9 Advertisements
Melpot shall reserve the right to post the advertisements of Melpot or a third party in the Services at the discretion of Melpot.
Melpot provides no guarantees in the accuracy, usefulness, reasonableness, appropriateness, fitness for purpose, non-infringement of a third party rights of the advertisements described in the preceding paragraph, and assumes no responsibility whatsoever.
Article 10 Fees and Expenses
The costs pertaining to the purchase, introduction and maintenance of the Device, the communication fees (e.g. packet fees and data usage fees) and all other expenses necessary when using this Service shall be borne by the User.
Melpot may change the price for functions that are free or Fee-based in this Service at its discretion. The User agrees in advance that if the User does not agree to such changes, the User may not be able to use all or part of the Service.
Article 11 Fee-based Services
Prices for Fee-based Services will be listed in the respective sales locations. If the price is changed by the decision of Melpot or the settlement agent, the changed price will be displayed.
The User shall not be able to transfer items obtained in a Fee-based Services to another Account.
If a minor (under the age of 20) uses this Service, the consent of a person with parental authority for the minor (including their consent to the Agreement, to the paragraphs in this article and to the Individual Service Agreement) shall be required in order for the minor (under the age of 20) to use this Service and to use or to purchase any Fee-based Services.
If a minor uses the Service by falsely claiming to have the consent of a legal representative without such consent, or if a minor uses the Service by falsely claiming to be of legal age, or if a minor uses fraudulent means to make others believe that he or she is a person with the capacity to act, the minor may not rescind any legal act in the Service.
In the event that the User who was a minor at the time of agreeing to the Agreement or the Individual Service Agreement after reaching the age of majority, such User shall be deemed to have accepted all legal acts related to the use of the Service.
Article 12 Prohibitions
The User shall not commit any of the following acts with regard to the Services, whether inside or outside of the Services. In addition, the User is prohibited from instructing, instigating or coercing a third party to commit such acts.
Actions that violate or may violate laws and regulations or the Agreement.
Actions that infringe on the copyrights, publicity rights and other intellectual property rights, portrait rights and other moral rights, as well as ownership rights and other property rights of Melpot or a third party.
The act of Acquiring in an unauthorized manner the various contents provided by Melpot through the Services (including but not limited to contents and items provided in the Fee-based Services) or that facilitating the unauthorized acquisition of In-service Content.
The act of trading in-services items for money, property, or other property interests in the real world (so-called "real money trade"), or any preparatory acts including inducement, application, or acceptance of such an offer.
Any other acts which are judged to be inappropriate by Melpot.
The User shall not commit any of the following acts, or similar acts, which may hinder the operation of the Services or disturb its operation, whether such acts are committed inside or outside of the Services. In addition, the User is prohibited from instructing, instigating or coercing a third party to commit such acts.
The act of attempting to operate or change the data in the System.
The act of replicating, transmitting, transferring, renting, translating, adapting or altering the Services or combining the Services with other software.
The act of using, creating, distributing and selling external tools that have an impact on the Services.
The act of provision of benefits or other acts of cooperation to antisocial forces.
The act of using BOT, cheat tools, or any other technical means not provided by Melpot to manipulate the Services illegally.
The act of intentionally using defects in the Services.
The act of intentionally aiming to induce problems.
The act of using another customer's account through unauthorized access or other means.
The act of accessing the Services on a device that has been modified, such as routing or jailbreaking.
The act of modifying or damaging the Services, or disassembling, decompiling, or reverse engineering the Services.
The act of committing any other equivalent or similar act that interferes with, hinders or damages, or may interfere with, hinder or damage the operation of the Services by Melpot or the use of the Services by another User.
If Melpot suspects that the User has committed, or may commit, a prohibited act or Melpot determines the User’s use of the Services is inappropriate, Melpot shall reserve the right to suspend or delete the User's account (including all items and other contents in the Services). The User may not file an objection to this action with Melpot.
Melpot shall reserve the right not to provide servicess, including the Services, to the User whose Account has been deleted under the preceding paragraph. Melpot may store personal information to the extent necessary to take such measures.
Article 13 Non-guaranteed
The User shall use the Services under his/her own responsibility and judgment. Melpot provides no guarantees in regards to the precision, completeness, accuracy, validity, applicability, usefulness or availability of the Services. Moreover, Melpot shall provide no guarantees in regards to suitability of the Services for use by the User or on the Device used by the User (including recommended Devices and Devices indicated as having the recommended environment within the Services).
Melpot provides no guarantees in regards to the legality, integrity, safety, accuracy or compliance with public morals of any third party website that can be accessed through a link from the Services.
Melpot provides no guarantees that the User's data will not be deleted in the event that the User deletes the application from the terminal or changes the terminal used for the Services.
Article 14 Disclaimers
Melpot shall not be held responsible for the temporary or long-term unavailability of the Services or the suspension or termination of the Services itself due to any of the following reasons.
In the event of force majeure such as natural disasters such as earthquakes, tsunamis, typhoons, thunderstorms, heavy rains, floods, war, terrorism, revolution, labor disputes.
To perform temporary or large-scale maintenance on systems necessary for the operation of this Services.
In case of network congestion or failure of the provider.
In the event of other problems related to the operation of this Services.
Melpot shall not be liable to the User for any damages caused to the User as a result of acts of a third party, such as unauthorized access to the Services or intrusion of computer viruses.
Melpot shall not be liable for any damages incurred by the User or a third party in relation to this Services, except in cases of willful misconduct or gross negligence on the part of the Company. In addition, Melpot will not return or refund any money once paid by the User for the User's convenience.
In addition to the provisions of Article 9.2, Melpot shall not be responsible for any problems, promises, guarantees between the User and advertisers of advertisements conducted on the Services, nor for any loss or damage incurred by the User as a result thereof.
Melpot shall not be liable for any damages incurred by the User due to their own loss or forgetfulness of their registration information.
6. Melpot has no obligation to repair bugs or other problems in the Services or to improve or enhance the Services.
Article 15 Anti-Trust Clause
The user guarantees that he/she does not fall under the category of antisocial forces, does not use antisocial forces, and does not have a close relationship with antisocial forces in the past or present.
Article 16 Cancellation of Membership
When the User withdraws from the Services, the User shall immediately fulfill all obligations to Melpot at that time.
In the event of the User's death, the User will be deemed to have withdrawn from the site at the time of death.
The User agrees that all remaining in-services items and other content will be lost upon withdrawal.
Melpot shall not be obligated to continue to hold any personal information of the User who has withdrawn his/her own membership.
The provisions of Paragraphs 1, 3, and 4 shall apply mutatis mutandis to the account deletion measures specified in Article 13, Paragraph 3 (4).
Article 17 Damages
The User shall compensate Melpot or a third party for any damages (including, but not limited to, reasonable attorney's fees and other professional fees) caused to Melpot or a third party due to the use of the Services or due to a violation of the Agreement.
In the event that Melpot bears liability for damages to the User in relation to the use of the Services, the amount of damages shall be limited to the amount paid by the User to Melpot in the month in which the damage occurred, unless Melpot is intentionally or grossly negligent.
Article 18 Prohibition on the Transfer of Rights and Obligations
The User shall not assign, transfer, pledge or otherwise dispose of any rights or obligations pertaining to the use of the Services to a third party.
Article 19 Severability
If any part of the Agreement is held to be illegal or invalid, the remainder of the Agreement shall remain in full force and effect.
If any part of the provisions of the Agreement is held invalid or revoked in relation to any one User, the Agreement shall still be valid in relation to the other Users.
Article 20 Governing Law and Jurisdiction
The Agreement shall be governed by and construed in accordance with the laws of Japan.
All lawsuits and other disputes related to the Services and the Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance, depending on the amount of the lawsuit.
Enacted on June 1st , 2021