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Terms of Use

You must read these Terms of Use in their entirety
and agree to these Terms of Use before using the Service.

The controlling language of these Terms of Use is Japanese, and even if a translation of these Terms of Use has been prepared in a language other than Japanese, that is only for the reference of users, and only the Japanese version of these Terms of Use is effective.

Article 1 Terms of Use

1. These Terms of Use are intended to, with respect to the CHESS HEROZ service (the “Service”) operated by HEROZ, Inc. (“HEROZ”), set out the rights and obligations of any person using the Service (the “User”) and HEROZ and apply to all matters and relationships between the User and HEROZ concerning the use of the Service.

2. The User shall read these Terms of Use in their entirety and agree to these Terms of Use before using the Service.

3. In addition to these Terms of Use, all types of regulations, rules, precautions, etc. provided by HEROZ (“Individual Regulations”) constitute part of these Terms of Use. If there is any discrepancy between these Terms of Use and the provisions of any Individual Regulations, the provisions of the Individual Regulations will prevail.

4. HEROZ may amend these Terms of Use and any Individual Regulations (collectively, the “Terms of Use, Etc.”) without giving prior notice to the User. If the Terms of Use, Etc. are amended, the amended Terms of Use, Etc. will apply to use of the Service by the User after that amendment, and it will be deemed that the User has agreed to that amendment by using the Service.

Article 2 User Registration

1. Any person wishing to use the Service (“Applicant”) may apply with HEROZ to register use of the Service by agreeing to comply with the Terms of Use, Etc. and providing certain information specified by HEROZ (“Registration Information”) by a method specified by HEROZ.

2. If a minor wishes to use the Service, he or she shall obtain the prior consent of a statutory agent. If a minor for registers use of the Service by agreeing to these Terms of Use, it will be deemed that his or her statutory agent has also agreed to the use of the Service by the minor and these Terms of Use.

3. The Applicant is responsible for entering the Registration Information correctly, and HEROZ will not be liable for any disadvantage or damage suffered by the Applicant because the Registration Information is inaccurate or false.

4. If any application under paragraph 1 above falls under one or more of the followings, HEROZ might not approve that registration. If HEROZ approves a registration, it will notify the Applicant by granting that Applicant the capacity to use the Service (“User Credentials”). HEROZ is not obligated to disclose or explain any reason it approves or does not approve a registration.

a. In the case of registration for use by a person who has violated the Terms of Use, Etc.

b. In the case of registration for use by an invitation by a person who has violated the Terms of Use, Etc.

c. If any of the Registration Information is false or if HEROZ determines that the purpose of the registration for use is for the Applicant to impersonate HEROZ or a third party

d. If HEROZ determines that the Registration Information includes expressions that give a feeling of dislike for a third party or violate public policy

e. If HEROZ determines that a registration for use is made by a member of an antisocial force or a person related to an antisocial force

5. In addition to the preceding items, if HEROZ determines that that is an inappropriate registration for use

6. Registration of the User is complete when HEROZ gives notice under the preceding paragraph, and the User will be granted credentials to use the Service provided by HEROZ (“User Credentials”).

7. At the time of the completion of registration under the preceding paragraph, a Service Usage Agreement will be formed between the User and HEROZ, and the User shall use the Service in accordance with the Terms of Use, Etc.

8. If there is any change to the User’s Registration Information, the User shall notify HEROZ without delay by a method specified by HEROZ.

Article 3 Precautions

1. The User shall, at its own responsibility, properly manage its password and user ID with respect to the Service and comply with the following matters.

a. The User may not disclose its password or user ID to a third party or allow a third party to use its password or user ID or lease, transfer, change the name of, or sell its password or user ID.

b. The User may not use a password that could be easily guessed by a third party.

c. If the User uses the Service on a computer or a mobile telephone that is used by multiple people, the User shall ensure he or she logs out and closes the browser when he or she finishes using the Service.

d. If the User uses the Service on a mobile telephone that is used by multiple people, the User shall disable the automatic login function (the function that omits the inputting of the User’s e-mail address and password when logging in).

2. When the Service is with a registered password and user ID, HEROZ will deem that the User who registered the password and user ID is using the Service, and the results arising from that use and all liability associated with those results will belong to the User who registered the password and user ID, and HEROZ will not be liable in any way.

3. If HEROZ or a third party incurs any damage due to any unauthorized use of a password or user ID, the User who registered the password and user ID shall provide compensation for that damage.

4. When necessary for its operations, HEROZ may inspect all information posted, edited, or sent by the User using the community, message board, e-mail, friend request, or other functions of the Service (“User Posted Information”), and if HEROZ determines that any User Posted Information violates the Terms of Use, Etc., it may hide or delete all or some of that User Posted Information without giving prior notice to the User. Further, if HEROZ determines it is necessary for a purpose such as protecting the rights, property, services, etc. of HEROZ or protecting the life, body, or property of any third party, it may disclose or provide User Posted Information to a public organization such as a court or the police to the extent necessary.

5. The User may use the Service in accordance with conditions such as age and usage environment to an extent specified by HEROZ. The User shall prepare at its own responsibility and expense mobile telephone devices and communication means necessary to use the Service.

6. Except for certain services and contents, the User may use the Service free of charge. The User shall pay usage fees separately specified by HEROZ by a method specified by HEROZ for fee-based services. The User shall agree in advance to the regulations on settlement of Apple or Google (if there is a third party specified by HEROZ with respect to settlement, including that third party) depending on the devices in which the Service is installed, and comply with those regulations.

Article 4 Using In-Game Currency

1. The User may acquire in-game currency (whether in the form of points, coins, or another form) that can be used only in the Service and that is provided by HEROZ by purchasing in the Service or by another method specified by HEROZ such as registration on a site where the in-game currency can be acquired, an invitation, or a campaign.

2. The validity period of in-game currency granted through the Service is 180 days from the date on which those in-game currency are granted unless otherwise specified by HEROZ. Further, the validity period of coins granted by a method other than through the Service or by a purchase method specified by HEROZ is a period specified by HEROZ.

Article 5 Personal Information

1. Registered Information of the User will be properly handled in accordance with the Privacy Policy separately prepared by HEROZ, and the User agrees to HEROZ’s handling the Registered Information of the User in accordance with the Privacy Policy.

2. The User agrees that HEROZ may collect, use, save, send, or publish statistical data regarding the Service (including the User’s scores, ranking, etc.).

Article 6 Attribution of Rights

1. The User represents and warrants to HEROZ that the User Posted Information contains only information such as text, images, and video (moving images) in which the User has all necessary intellectual property rights or where the User has received the necessary authorization of the rights holder, and that the User Posted Information does not infringe any rights of a third party.

2. All copyrights in the User Posted Information will be retained by the User or another existing rights holder; provided, however, that the User shall grant HEROZ a worldwide, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Posted Information. The User may not enforce any moral right of author with respect to the use of works by HEROZ under this paragraph.

3. Except for the copyrights in the User Posted Information set out in the preceding paragraph, all copyrights and other intellectual property rights regarding the Service and all information related to the Service belongs to HEROZ or a rights holder that has granted permission to use that information to HEROZ, and the User may not reproduce, transfer, loan, translate, modify, reprint, publicly transmit (including making that information transmittable), transmit, distribute, or publish that information or use that information for operational purposes without authorization.

Article 7 Prohibited Acts

The User may not, in connection with the use of the Service, conduct any act set out in the following items or any act that HEROZ believes falls under any of the following items regardless of intention or negligence of the User (those acts are prohibited in any HEROZ services or functions such as the user community, message board, e-mail, and friend request). If HEROZ determines that an act constitutes a prohibited act, HEROZ shall take measures that it considers necessary without giving prior notice such as deleting posts by the User, suspending use of the Service by the User, or suspending or disqualifying the User Credentials. In that case, HEROZ will not accept any questions or complaints regarding those measures.

1. Acts that are related to violations of law or criminal acts

a. Acts that violate the law or public policy

b. Criminal acts or giving advance notice of, being involved in, or encouraging criminal acts

c. Acts that infringe the intellectual property rights, likeness rights, privacy rights, reputation, credibility, or other rights or interests of HEROZ, any User of the Service, or a third party

2. Acts that are indecent, discriminatory, use violent expressions, or are conducted for the purpose of dating

a. Posting information that contains excessively indecent expressions

b. Directing other Users to child prostitution, pornographic, or adult video download websites or introducing adult products to other Users by providing links, etc.

c. Posting expressions that lead to discrimination based on ethnicity, race, sex, age,or other grounds

d. Posting expressions that cause discomfort to other users such as violent or grotesque images, videos, or words

e. Posting words or other expressions that are likely to provoke, encourage, or glamorize acts such as suicide, self-harm, or drug abuse

f. Posting a post, etc. with the purpose of dating an unacquainted person of the opposite sex or with the purpose of coaxing an unacquainted person to meet the User

g. Posting a post, etc. that is judged to have a detrimental effect on the formation of the character or the healthy development of a minor

3. Commercial acts

a. Posting information or sending e-mails for the purpose of selling, buying or exchanging goods or services (including advertising, announcing, and soliciting such acts) regardless of whether that is for profit or not (unless permitted by HEROZ)

b. If the User utilizes all or part of the Service provided by HEROZ for a purpose other than private use (regardless of the form of that utilization including using, replaying, reproducing, copying, selling, or reselling) as an individual (unless permitted by HEROZ)

c. Posting information that directs other Users to a site for the purpose of generating the User’s own profits such as by affiliate marketing or sending an invitation through which the User acquires certain points (unless permitted by HEROZ)

4. Posting personal information

a. Posting information that makes it possible to identify an individual, regardless of whether that individual is the person posting that information or a third party, such as e-mail address, telephone number, financial institution account number, or address

b. Collecting or accumulating, or attempting to collect or accumulate, another User’s personal information

c. Impersonating a third party by posting or registering false information (including personal information such as a name, date of birth, e-mail address, and address)

5. Other acts

a. Conducting an act, or facilitating the conduct of an act, that places a burden on a server that exceeds the extent of normal use, or any other acts that cause detriment to or obstruct the operation and provisions of the Service or the use of the Service by other users

b. Rigging game results by himself or herself or by conspiring with another user or using external tools

c. Indiscriminately sending e-mails, making friend requests, making community participation requests, or posting messages

d. Conducting political activities or religious activities

e. Knowingly inviting users whose use of the Service has been suspended due to a violation of these Term of Use

f. Sending an invitation to an unacquainted third party or transferring an invitation to a third party

g. Allowing a third party to use the User Credentials or transferring the User Credentials to a third party

h. Using the Service by using any other User’s Registered Information (including, but not limited to, a password and user ID) regardless of the permission of the User

i. Having multiple User Credentials for one person

j. Transferring the rights to use part of the Service by a method other than a method specified by HEROZ, exchanging the rights to use part of the Service for cash or other property or economic benefit, or advertising, announcing, or soliciting such an exchange

k. Indiscriminately leaving a large access history for the purpose of encouraging other Users to access the User’s site

l. Giving benefits to an antisocial force

m. Conducting any act that is similar to those set out above

n. Conducting any other act that HEROZ considers inappropriate based on reasonable grounds

Article 8 Suspension of the Service

1. If any of the following applies, HEROZ may alter, suspend, or discontinue the Service without giving prior notice to the User.

a. If any system pertaining to the Service is being inspected or maintained

b. If the Service is suspended due to an accident or other malfunction in a system, telecommunications line, etc.

c. If it becomes impossible to operate the Service due to a force majeure such as an earthquake, lightning strike, fire, power outage, or natural disaster

d. If HEROZ otherwise determines that it is necessary to alter, suspend, or discontinue the Service

Article 9 Warranty and Disclaimer

1. HEROZ does not make warranty to the User that the Service can be accessed from all devices, that the Service is accessible in all regions, or any other warranty. Further, HEROZ does not make any guarantee that, with respect to use of the Service, data created by the User (including, but not limited to, game points, character levels, and other data) will not be lost.

2. HEROZ will not be liable in any way for any damage suffered by the User with respect to use of the Service.

3. The provisions of the preceding paragraph do not apply in the case of willful misconduct or gross negligence by HEROZ or if the User is a consumer under the Consumer Contract Act.

4. If HEROZ is liable for damages with respect to use of the Service by the User, HEROZ will be liable to the User up to the amount paid by the User as consideration for the Service.

Article 10 Resolution of Disputes by the User

1. If there is a dispute between Users, the Users involved in that dispute shall resolve that dispute at their own responsibility, and if HEROZ, other User, or a third party who is not a User suffers any damage, the Users in the dispute shall provide compensation for that damage.

2. If the User is involved in a dispute with a third party who is not a user, the User involved in that dispute shall resolve that dispute at its own responsibility, and if HEROZ, another user, or a third party who is not a User suffers any damage, the User in the dispute shall provide compensation for that damage.

3. In addition to the preceding two paragraphs, the User shall resolve at its own responsibility and expense all complaints and claims that arise out of or in connection with any text, images, or videos (moving images) posted or edited by the User in the Service, connection to the Service by the User, or violation of the Terms of Use, Etc. or an infringement of the rights of a third party by the User.

4. If the User infringes any rights of a third party and HEROZ is required to pay any compensation or other expenses in connection with the handling of a complaint or claim from that third party, the User involved in that dispute shall pay compensation and all other expenses incurred by HEROZ (including attorney’s fees paid by HEROZ).

Article 11 Cancellation of Registration

1. If the User is subject to any of the following, HEROZ may, without giving prior notice, delete posted information, temporarily suspend use of the Service by the User, or suspend or disqualify the User Credentials.

a. If the User violates any provisions of the Terms of Use, Etc.

b. If HEROZ determines that any Registered Information turns out to be false

c. If HEROZ determines that the User is subject to any item of Article 2.4

d. If HEROZ determines that use of the Service by the User, registration of the User as a user, or continuing the Service Usage Agreement is inappropriate

2. HEROZ will not be liable in any way for any damage incurred by the User due to an act conducted by HEROZ under the preceding paragraph.

Article 12 Withdrawal

1. If the User wishes to quit use of the Service and abandon his or her User Credentials, it will be deemed that the User has withdrawn from the Service by making a withdrawal application to HEROZ by a method specified by HEROZ.

2. When withdrawing from the Service, any obligations owed by the User to HEROZ will be accelerated, and the User shall immediately pay all obligations it owes to HEROZ.

3. HEROZ is not obligated to continue to keep any personal information of the User, User Posted Information, or any other information concerning the User after the User has withdrawn from the Service.

4. Upon the death of the User, it will be deemed that the User has withdrawn from the Service, and all rights held against and obligations owed to HEROZ by the User before his or her death belong solely to that User and will not be inherited.

Article 13 Changes to and Termination of the Service

1. HEROZ may, at its discretion, change the contents of the Service or terminate the provision of the Service.

2. HEROZ will not be liable in any way for any damage incurred by the User due to an act conducted by HEROZ under the preceding paragraph.

Article 14 Dispute Resolution

1. HEROZ and the User agree that the Tokyo District Court has exclusive jurisdiction over any dispute arising between HEROZ and the User.

2. The laws of Japan govern any dispute arising between HEROZ and the User.

3. Even if it is judged that all or part of any provisions of the Terms of Use, Etc. is invalid or unenforceable under the Consumer Contract Act or any other laws or regulations, the other provisions of these Terms of Use and the other parts of the provisions than judged to be invalid or unenforceable will continue to be in full force and effect.

Established on April 30, 2009
Revised on April 30, 2010
Revised on December 16, 2011
Revised on February 12, 2014
Revised on June 30, 2014

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