Terms of Use
Allons-y, Herisson, CO. (hereinafter referred to as “the Company”) has established the following terms of use (hereinafter referred to as “Terms of Use”) for the Service “Mystery with my Friend” operated and provided by the Company.
Article 1 Definitions
The terms used in Terms of Use are defined as follows;
- (1) The Service
Services operated by the Company and related services (including applications)
- (2) The Site
Websites containing the contents of the Service
- (3) The contents
A generic term for any text, sound, still image, video, software program, code, etc. provided on the Service. (including information posted by users)
- (4) User
All users of the Service
- (5) Paid Services
Services or content provided to users on the Service for a fee (including when exchanged for in-game currency)
- (6) In-game Currency
Virtual currency that can be exchanged for Paid services in the Service
- (7) Registered Users
Those who have completed account registration for the Service
- (8) Personal information
Information that can identify an individual, such as address, name, occupation, and telephone number
- (9) Registered information
Information registered by registered users on the Service except post information
- (10) ID
Character string that is uniquely set by a registered user for the use of the Service
- (11) Password
Cipher that is uniquely set by a registered user corresponding to an ID
- (12) Account Information
General term for the IDs, passwords and other information given to Registered Users when they use the Service.
- (13) Intellectual Property
Inventions, designs, works and other items produced by human creative activities (including laws or phenomena of nature that have been discovered or clarified and have industrial applicability), trademarks, trade names and other items indicating goods or services used in business activities, trade secrets and other technical or business information useful for business activities
- (14) Intellectual Property Rights
Patents, utility model rights, design rights, copyrights, trademarks, and other intellectual property rights prescribed by law or rights pertaining to legally protected interests
Article 2 Acceptance of Terms
- 2.1 The User must agree to and bound by all of the Terms and Condition including the Terms of Use when using the Service. If the User does not agree all of the Terms of Use, the User must not access or use the Service.
- 2.2 The acceptance of the Terms of Use constitutes establishment of a contract between the User and the Company in accordance with the provisions of the Terms of Use.
- 2.3 The User who is a minor shall obtain the consent of a person with parental authority or other legal representative for any use of the Service including use of Paid Services, consent to the Terms of Use, Privacy Policy, or any other individual terms of use.
- 2.4 In the event that a minor User uses the Service without consent of their legal representative or under the pretense of age, or the User uses fraud to make the User believe that they have the capacity to act, any legal act related to the Service performed by such minor User cannot be revoked.
- 2.5 In the event that a User who was a minor at the time of consenting to the Terms of Use uses the Service after reaching the age of majority, the User shall be deemed that the User ratificates any and all of their acts in the past related to the Service.
Article 3 Revision of Terms of Use
- 3.1 The Company may revise the Terms of Use, Privacy Policy, or any other individual terms of use (hereinafter referred to as “Terms and Conditions”) from time to time without the consent of the User.
- 3.2 In the event of revising the Terms and Conditions, the Company shall notify the User of the contents of the revision in a manner determined by the Company.
- 3.3 The revision of the Terms and Conditions set forth in the preceding paragraph shall take effect at the time the Company gives notice in accordance with the preceding paragraph.
- 3.4 The User shall be deemed to agree to the revised Terms and Conditions at the time of using the Service after the revision. If the User does not agree with the revised Terms and Conditions, the User must not use the Service.
Article 4 Account
- 4.1 The User shall register certain information at their own risk when registering for an account.
- 4.2 Registered Information must be true, accurate and complete. The Company shall not be held responsible for any problems that may arise due to incomplete or incorrect Registered Information.
- 4.3 The account for the Service shall exclusively belong to the User for their own use. The account cannot be transferred, lent or inherited by anyone.
- 4.4 The Company may deem any and all actions performed on a User’s account to be actions by the User who has the account. The User shall be responsible for managing their account information in strict confidence. If the User discloses their account information to a third party by any methods, including, but limited to, in public or private media or services such as the Internet, the User shall be liable for any trouble or damage caused by the disclosure and has responsibility for resolving those and the Company assumes no responsibility about those.
- 4.5 In the event that the User becomes aware of obtaining or using their account information by a third party, the User must immediately notify the Company of the situation and follow the Company’s instructions. In addition, the User shall take all actions to avoid damage caused by unauthorized use of the User’s account.
- 4.6 The Company may restrict use of all or a part of the Service by the User when all of the Registered Information has not been provided.
Article 5 Handling of Personal Information, etc.
5.1 The Company shall properly handle personal information received from the Users in accordance with the Privacy Policy established by the Company. The Users shall refer to the Privacy Policy.
Article 6 Confidentiality of Communication
- 6.1 The Company shall protect the confidentiality of communications of Users based on Article 4 of the Telecommunications Business Act (Act No. 86 of 1984).
- 6.2 The Company shall have the right to inspect, withhold or delete any information pertaining to the confidentiality of communications of Users without prior notice to the User in the event that the Company recognizes any of the following items.
- (1) Enforceable disposition under the Code of Criminal Procedure (Act No. 131 of 1948) or the Act on the Interception of Communications for the Purpose of Criminal Investigation (Law No. 137 of 1999) or a court order
- (2) Performing a compulsory disposition according to law
- (3) Satisfying the requirements for disclosure request based on Article 4 of the Act on Limitation of Liability for Damages of Specified Telecommunications Service Providers and Disclosure of Sender Information (Law No. 137 of 2001)
- (4) Necessity to protect the life, body, property or honor or privacy of others
- (5) The consent of the User who relates to the concerned information
- (6) Necessity for the proper operation of the Service
Article 7 Ownership of copyrights and other rights
- 7.1 The User shall understand that all rights related to the Service, including, but not limited to, copyrights regarding the text, images, programs and all other information and publicity and other intellectual property rights, ownership and other property rights, and portrait rights and other moral rights belong to the Company or a third party who has the right. The User shall understand and agree that the Terms of Use shall not stipulate transfer of any rights related to the Service to the Users unless expressly stated otherwise.
- 7.2 The User shall understand and agree that the Company may set up, build, or change specifications, rules, designs, images, audiovisual representations and effects, parameters, scenarios and any of the matters of the Service at its discretion.
Article 8 Advertisements
8.1 The User shall understand and agree that the Service may contain any advertisements and that the Company or its partners place advertisements of any kind on the Service. Also, the User shall understand and agree that form and scope of advertisements on the Service may be changed by the Company at any time.
Article 9 Costs
- 9.1 The User shall bear all cost for the use of the Service, including, but not limited to, purchasing devices, installation, and maintenance, packet charges, communication charge, data usage fees and other expenses.
- 9.2 The User shall agree that the Company may, at its discretion, change price provided the functions of the Service. If the User does not agree to such changes, the User may not be able to use all or part of the Service.
Article 10 Paid Services
- 10.1 The User shall understand that the Service includes some Paid services.
- 10.2 The Company shall show the pricing of Paid services including the pricing of In-game Currency at the respective sales location. If the price is changed, the price after the change will be shown.
- 10.3 The User shall agree that the User cannot transfer any of the contents and items obtained through the Paid Services to any other accounts.
Article 11 In-game Currency
- 11.1 The User may purchase or be given In-game Currency through the Service, campaigns, or other methods specified by the Company. The unit of purchase, method of payment, period of use, and other terms and conditions of the In-game Currency shall be determined by the Company and shall be shown on the Service or the Site.
- 11.2 In-game Currency cannot be exchanged for financial benefits, including, but not limited to, cash or property, other than the services or content specified by the Company. The amount of In-game Currency required to exchange for services or content and any other conditions of exchange of In-game Currency shall be determined by the Company and displayed on the Service or the Site.
- 11.3 In-game Currency shall not be refundable for any reason. However, when refund of In-game Currency is required by laws, the method of refunding the In-game Currency will be determined by the Company in accordance with the laws and regulations and displayed on the Service or the Site.
- 11.4 In-game Currency can only be used in the account of the User who acquired it and cannot be transferred to other accounts. In-game Currency granted on a certain kind of operating system cannot be inherited or combined with other kinds of operating system even if the In-game Currency has the same name and is granted by the same User.
- 11.5 The User shall agree that the paid portion of In-game Currency shall be consumed with priority in the event that the User holds both paid and free portions of In-game Currency at the same time.
Article 12 Withdrawal from membership
- 12.1 When the User withdraws from the Service, the User shall fulfill any and all of the obligations related to the Service immediately.
- 12.2 In the event of the death of a User, the User shall be deemed to have withdrawn from the membership at the time of death.
- 12.3 The User who withdraws from their membership shall be deemed to lose rights regarding all contents, including, but not limited to, in-game currency and items remaining at the time of withdrawal from the membership.
- 12.4 The Company shall not obligate to continue to retain any information of the withdrawn User, including, but not limited to, personal information.
- 12.5 The provisions of paragraphs 1, 3 and 4 shall apply mutatis mutandis to the case of the set out in Article 14.1 (4).
Article 13 Prohibited Matters and Response to Violations of the Terms and Conditions
- 13.1 The User must not perform the following acts regarding the Service, whether inside or outside the Service, and instruct, induce, or compel any third party to do such acts.
- (1) Acts that violate the Constitution, treaties, laws, ordinances, other laws, public order and morals, or the Terms and Conditions, or acts that may lead to such acts
- (2) Fraud, including, but not limited to, computer fraud, business disruption, including, but not limited to, obstruction of business by destroying a computer, etc., criminal activities, including, but not limited to, unauthorized access acts, abuse of regulated drugs, child trafficking, illegal trading of deposit and savings accounts and mobile devices, and other criminal activities and acts that may or may lead to crime
- (3) Acts to undertake, mediate, or attract illegal acts (gambling, transfer of guns, manufacture of explosives, provision of child pornography, forgery of official documents, murder, threats, etc.)
- (4) Acts that infringe rights of the Company or a third party such as copyrights, publicity rights and other intellectual property rights, portrait rights and other personality rights, and ownership rights and other property rights
- (5) Acts of unfairly discriminating against or defaming the Company or a third party, and damaging the honor or credibility of the Company or the Service
- (6) Posting, writing, distributing, or uploading contents including expressions or contents that are harassing, obscene, abusive, discriminating, or disgusting to a third party
- (7) Posting, writing, distributing, or uploading offensive content, including, but not limited to, violent or grotesque photos
- (8) Acts that is annoying to other Users, including, but not limited to, being enthusiastic, chasing after relentlessly, sending a large amount of messages against the intentions of other Users
- (9) Acts of posting links to adult sites or dating sites, etc., and acts aimed at or inviting to date
- (10) Acts that adversely affect character formation of minors, including, but not limited to, inviting minors to drink and smoke
- (11) Acts of inviting or soliciting others to commit suicide, self-harm, etc.
- (12) Acts of inviting or soliciting others into antisocial acts
- (13) Acts of acquiring, disclosing, tampering, leaking and leading such acts regarding information that can identify a specific individual, including, but not limited to, name, telephone number, e-mail address, address, etc., or confidential information of companies or groups, including, but not limited to, nonpublic information or trade secrets without the permission of the person or the right holder.
- (14) Acts of impersonating the Company or a third party or registering and posting false information
- (15) Unauthorized access or misleading acts, including, but not limited to, behaving as someone else, or acts that may lead to misunderstanding
- (16) Acts of advertisement, announcement, or solicitation of transactions similar to mouse scheme, multi-commercial law, network business and other chain schemes, or transaction activities
- (17) Acts of profit-making without any written approval of the Company
- (18) Acts of acquiring or trying to acquiring contents provided by the Company, including, but not limited to, the content and items provided by Paid Services by an illegal method
- (19) Acts of trading In-game Currency, the content, etc. with real-world money, property, or other profits on property (so-called real money trade) or any preparatory act thereof, including, but not limited to, incentive, application, or acceptance of the application
- (20) Acts of transferring to or letting a third party use an account or all or part of the rights or profits available to the User, whether paid or free, or any preparatory act thereof, including, but not limited to, incentive, application, or acceptance of the application
- (21) Acts of soliciting or inviting services other than the Service within the Service except when the Company approves
- (22) Acts that cause or may cause nuisance or damage to the Company or a third party
- (23) Acts posting link for the purpose of promoting the act, knowing that the act falls under any of the items in this section
- (24) Any other acts that the Company deems inappropriate
- 13.2 The User shall not perform any of the following acts that impede the operation of the Service or that correspond to operation disruption, both inside and outside the Service. In addition, the User shall not instruct, induce, or compel any third party to do such acts.
- (1) Manipulating or changing the data in the Service
- (2) Acts of duplicating, transmitting, transferring, lending, translating, adapting or modifying the Service and combining the Service with other software, etc.
- (3) Acts of removing or changing copyright notice or other right notices attached to the Service.
- (4) Use, creation, distribution, sales, etc. of external tools that may affect the Service
- (5) Acts of sending the same or similar messages to many unspecified users, or the act of sending those repeatedly to specific users
- (6) Acts of exchanging the right to use the Service or the rights related to the contents of the Service for cash, property, labor or any other economic benefits, transfer without any charge, sublicensing or any other disposition except when the Company approves
- (7) Providing profits or any other cooperative activities to antisocial forces
- (8) Political or religious activities or solicitation to political or religious groups
- (9) Acts that interfere with the server or network system of the Service
- (10) Unauthorized operation of the Service using BOT, cheat tools, or other technical means not provided by the Company
- (11) Acts of intentionally using defects of the Service
- (12) Acts with the purpose of intentionally inducing defects of the Service
- (13) Acts of using the Service for any purpose not intended by the Company
- (14) Acts of using account of other Users by unauthorized access, etc.
- (15) Acts of impersonating the Company, affiliated companies or their affiliated persons
- (16) Acts of holding multiple accounts or sharing accounts with multiple people without the approval of the Company.
- (17) Accessing the Service using a modified device such as routing or jailbreak
- (18) Acts that modify, damage, disassemble, decompile or reverse engineer regarding the Service
- (19) Unauthorized inquiries such as repeating the same questions more than necessary or requests to the Company.
- (20) Any other acts that interferes with the operation of the Service by the Company or the use of the Service by other Users, and may cause or hinder those.
Article 14 Responses to violations of the Terms of Use
- 14.1 The Company may take the following measures in the event of that the Company knows a possibility that the User performs an acts correspond to a violation of the Terms of Use, including, but not limited to, an action that corresponds to the matters prescribed in the previous article, determines a User is inappropriate for the Service, or knows a User who admit those. In such case, the Company shall not be obliged to disclose any information regarding the measures, including, but not limited to, the reason for the measures, the implementation period. The User cannot object to the measures against the Company. In addition, the Company has no obligation to prevent or rectify such violations.
- (1) Requesting to stop the prohibited act and similar acts and not be repeated thereof.
- (2) Deprivation items etc. acquired by the user and other disadvantageous measures on the Service
- (3) Suspension of use of part or all of the Service
- (4) Suspension or deletion account of a User
- (5) Deprivation of rights obtained by the prohibited act
- (6) Disclosure of facts related to the prohibited act, whether inside and outside the Service, including, but knot limited to, reporting to police and other public institutions in the event that there is a possibility of a criminal case, administrative case, etc.
- (7) Other measures hat the Company deems necessary and appropriate
- 14.2 The Company may not provide (include refusal of service provision, account deletion of other registered services) the Company’s services including the Service to Users who have been subject to account deletion measures based on the preceding paragraph (4) and may record informations of the Users, including, but not limited to, personal information, to the extent necessary for the measure.
Article 15 No guarantee
- 15.1 The User shall use the Service at their own risk and judgment. The Company shall not guarantee the accuracy, completeness, accuracy, adequacy, applicability, usefulness and availability of the Service, and the purpose of use of the User and the compatibility any devices includes devices indicated as recommended devices or recommended environment for the Service. The User shall understand in advance that there is a possibility that the operation of the Service may have problems due to the version upgrade of the operation system of the User’s device used for the Service or other factors. The Company shall not guarantee that such problems will be resolved by modifying the programs or other measures.
- 15.2 The Company shall not guarantee that the User can access and use the Service at any time or place, the Service is uninterrupted or error-free, any defect in the Service is fixed, and the Service does not contain computer viruses or other harmful elements.
- 15.3 The Company shall not be involved in any transactions conducted by the User through the Service, and does not guarantee the accuracy of any information through the Service. The User shall resolve any dispute with other Users at their own responsibility and judgment.
- 15.4 The Company shall not guarantee that all third-party websites or services that can be transitioned by links in the Service are legal, consistent, safe, accurate, and not being against public order and morals.
- 15.5 The Company shall not guarantee that take over of any information includes Registered Information when the User replaces a device used for the Service due to any reasons including repair or model change of the device, etc.. The Company shall not guarantee information in the event that the User deletes or removes the application or account information from the device once and restarts to use the Service again.
- 15.6 The Company shall not provide any guarantee for product or services provided by a third party provided in connection with the Service.
Article 16 Disclaimer
- 16.1 The Company shall not be liable for any damages caused by modification, interruption or termination of the Service.
- 16.2 The Company shall not involve in or have any responsibility for the User’s usage environment for the Service.
- 16.3 The User shall agree that the use of part or all of the Service may be restricted due to changes in the terms of use and operating policy of service stores such as App Store and Google Play.
- 16.4 The Company shall not be liable for any damages caused to the User directly or indirectly by using the Service.
- 16.5 The Company shall not be liable for any responsibility of any damages including the loss of opportunities, interruption of business, indirect damages and lost profits that occurred to Users or other third parties even if the Company has been notified in advance of the possibility thereof.
- 16.6 The provisions of paragraphs 1 to 5 above shall not apply if the Company is willful or grossly negligent or if the Consumer Contract Law is applied.
- 16.7 In the event that the preceding paragraph is applied, the Company shall not be liable for any damage caused by special circumstances among the damages caused to the User by the act of negligence excluding gross negligence.
- 16.8 If the Company is liable for damages of a certain User related to the use of the Service, the Company shall be liable for damages up to the amount of usage received from the certain User in the month in which the damage occurred.
- 16.9 The Company shall not be responsible for any dispute between Users. When trouble or issues occur between the Users, the User shall be the responsible to solve those and shall not make any claims to the Company.
Article 17 Damages
- 1. If the User damages other Users or causes a dispute with a third party in connection with the use of this service, the User shall compensate or take such damages at their own expense and responsibility. The User shall not cause any inconvenience or damage to the Company.
- 2. If a third party makes any claims including damages to the Company due to a User’s act, the User shall resolve the claims by the User’s cost (including attorney’’s fee) and responsibility. If the Company pays damages to the third party, the User shall pay all costs including the damages (including attorneys’ fees or lost profits) to the Company.
- 3. If the User causes damage to the Company in connection with the use of the Service, the User compensate all damage including litigation costs or lawyer costs to the Company.
Article 18 Validity of the Terms of Use
- 1. In the event that a part of the Terms of Use is illegal or invalid by law, the other parts of the Terms of Use shall remain valid.
- 2. In the event that some of the provisions of the Terms of Use are invalidated or canceled due to the relationship with a certain User, the Terms of Use remains valid in the relationship with other Users.
Article 19 Governing Law and Jurisdiction
- 1. The Terms of Use is based on Japanese law and shall be interpreted according to Japanese law.
- 2. For all litigation and other disputes related to the Service and the Terms of Use, the Tokyo Summary Court or Tokyo District Court shall be the exclusive agreement jurisdictional court depending on the amount of the complaint.
Article 20 How to contact the Company
Users regarding the Service shall contact the Company or make inquiries by sending from the inquiry form installed in appropriate places within the Service or methods specified separately.
Enforcement July 31, 2020
Allons-y, Herisson, CO.
Hamamatsuchodaiyabldg.2F 2-2-15 Hamamatsucho,Minato-ku, Tokyo-to 105-0013 Japan
support@mystery-with-myfriend.info