Aiming Inc. Application Service Terms of Service
Date of enactment: October 2, 2015
Date of final revision: July 5, 2018
Please Accept this Agreement in order to use Aiming Inc.'s application.
1. About these Terms
- Aiming Inc. Application Service Terms of Service ("these Terms") are a legal agreement between Aiming Inc. ("Aiming", "we", "the Company") and anyone using or accessing ("User", "you" or "your") the smartphone application service ("Service") provided by Aiming Inc.
- By accessing or using the Service, you agree that you have read, understood, and accept to be bound by the Terms. Aiming reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions.
- By registering for an Account or otherwise using the service, you agree that you are of legal capacity to accept and comply with these Terms in the jurisdiction where you reside. You agree to comply with these Terms on behalf of yourself and any minor children for whom you are the parent or legal guardian and whom you have authorized to use our Services using your account. You further agree that you are accountable for all actions conducted through your account, and by granting authorization to a minor child to use our Services, you are responsible for ensuring that you and/or the minor child understands and complies with these Terms and Conditions.
- If any of the following have been established separately, these shall also be considered as part of these Terms.
- Secondary Usage Content Guidelines
- Announcements sent by Aiming to users, regardless of individual names, as well as announcements posted regarding this Service, and the rules used by the Service.
- Terms of Usage, Guidelines, etc. of all individual services constituting this
- Items specified in the preceding paragraph shall apply to matters not prescribed in these Terms, and for matters for which provisions different from these Terms are stipulated, these provisions shall be applied in preference to these Terms only if it is clearly stated that they apply in preference to these Terms. However, with regard to the preceding item 2, even if there is no explicit indication, it shall take precedence over these Terms.
The following definitions are used for this Terms of Service.
- "Game Points" are the virtual currency used within this Service by the User, which is provided and managed via the Internet as electronic data.
- "Player Name/ID" means the unique symbols or names registered by the User prior to using the Service through the registration procedures defined by Aiming.
- "Player Data" means the data possessed individually by the User regarding this Service, and the data sent and received using the Service.
- "Authentication ID" means a linked external service account that proves the identity of the User, or the symbols that prove the identity of the User.
- "User Information" means the information registered by the User regarding this Service.
3. Acquisition of User Qualifications and User Information
- Application for the use of this Service shall be made using the procedures and methods prescribed by the Company.
- In the event that the Company determines that there is a problem with accepting the User's application for the use of this Service, the Company may not accept the application for use.
- Those who have User qualifications agree with all the items in these Terms, and agree with the following items regarding User Information.
- User Information that you provide to us upon registration is up to date, complete, and accurate.
- Registered User Information is always kept up to date, complete, and accurate.
- We reserve the right to delete your account without prior notice or consent, if we reasonably believe that you are in breach of these two aforementioned terms.
- Aiming shall not be responsible for any disadvantages suffered by the User due to defects in the User Information.
4. Forfeiture of User Qualifications
- Aside from violation of these Terms, we reserve the right to delete your account or Player Data without prior notice or consent for any reason, such as when there is no use of Service for more than 6 weeks.
- You must comply with these Terms and conditions to the necessary and reasonable extent, even after the use of this Service is terminated.
5. Player Name/ID/Authentication ID Management Responsibility
- You shall bear all responsibility for the use and management of your Player Name/ID and Authentication ID, etc. Regardless of your willfulness or negligence, all results of using the Service with your Player Name/ID and Authentication ID, etc. are attributed to you.
- Your rights and obligations as a User of this Service belong only to you. You may not lend, transfer, change ownership, buy, sell, pawn, or make available for use, your Player Name/ID as well as your Authentication ID to any third party.
- You are responsible for any damage due to inadequate management of your Player Name/ID and Authentication ID, etc., misuse, use by a third party, unintended transmission of information, and others. Aiming cannot accept any responsibility due to the foresaid.
- You agree to inform Aiming immediately upon discovery that an unauthorized person has access to your account, following the terms we have prescribed. You agree to comply with the terms set by Aiming against unauthorized users should it be necessary.
- In the event that the User causes damage to a third party or the Company due to or in connection with the use of this Service, the user shall indemnify the damage at his or her own expense.
6. Personal Information and Third Party Disclosure
- Personal information of users are managed by Aiming and used for the purpose of gathering information and providing services to each individual user. Information verification are accomplished through email confirmation.
- Even after stopping the use of this service, regardless of the reason for stopping, anonymized information collected by the Company from the use of this Service by the User may be used for purposes such as service improvement, or any other purposes judged by the Company to be appropriate.
- We do not disclose the User's personal information to third parties, except in the following cases.
- When we disclose anonymized information gathered for the purpose of understanding usage trends of this service, as statistical data, to third parties such as companies and advertisers that may become partners
- When the User has explicitly agreed separate from these Terms to the disclosure of information
- When it is deemed necessary to disclose or share information in order to provide products or services that the user desires
- When provision of user information is required to third parties who are in a joint or cooperative relationship with our company in providing this service
- When providing information to a business contractor as necessary for business execution
- When providing information to a contractor or assignee for reasons such as operations outsourcing and business transfer
- When we receive formal inquiries with legal basis from courts or public agencies such as police
- When there is imminent danger to human life, body, or property, etc., and there is an urgent necessity
- When it is necessary to disclose personal information of the user in order to protect the rights and property of our company due to violation of the user's Terms
- Any other reasons Aiming has deemed necessary in order to continue the Service.
7. Notification Methods
- Notices from Aiming regarding the Services shall be sent to the users through methods deemed by Aiming as necessary.
- Notices sent through methods aside from above shall be considered necessary and compliant to the Terms specified in the Service.
- Users shall periodically check the notices provided in the Service and confirm the notifications from the Company.
8. User Contact/Announcement
- Aiming may send out marketing-related advertisements to Users using functions provided by Android or iOS.
9. Player Data
- You shall be able to create and manage one Player Data for each Game Server.
- You shall not create more than one Player Name/ID per game server, nor create multiple Player Data. We have the right to remove users who are in direct violation of these Terms without prior consent or notice.
- You shall be responsible for the loss or damages as a result of an unauthorized person accessing your account.
- In the event that the User loses his or her qualifications for any reason, the Company may delete the Player Data of that User.
- We reserve the right to delete your Player Data without prior notice or consent. You agree in advance that Player Data may be deleted at any time.
- We shall not be responsible for the transfer of any Player Data, in part or in full, to another Player Data, for any reason.
- You shall not lend, sell, resell a part or all of the Player Data to a third party, or use the Player Data to receive cash or other assets of value including electronic currency.
10. Game Points
- The User can purchase Game Points by using methods determined by Aiming.
- The Company, after confirming payment and settlement from the user for the purchase price of Game Points has been done correctly, shall grant Game Points corresponding to the payment amount to the Player Data on the game server that was used during the purchase of the Game Points.
- Aside from the Game Points specified above, the User may acquire Free Points ("Free Points") according to the methods defined by Aiming. (Combined with the purchase procedure in paragraph 2, this shall be referred to collectively as "acquiring Game Points".) If the User has both free Game Points and paid Game Points, the paid Game Points will be used first.
- You agree in advance that there may be time delays in acquiring Game Points and completion of transactions due to the nature of the Internet.
- We reserve the right to revoke your Game Points for the following reasons.
- Termination of Service as described in Article 12.
- Deletion of Player Data as described in Article 9.
- Loss of User Qualifications due to reasons specified here or otherwise.
- The user shall not transfer, lend, buy, sell, or dispose of Game Points with a third party.
- Game Points shall not be refunded, nor converted for any reason. For exceptional cases where Aiming deems it necessary to refund Game Points, it shall be limited to the amount paid by the User.
- Game Points shall not be refunded, for any reason.
- Aiming shall not transfer Game Points held by the User on the game server to other Player Data, for any reason.
- When a minor User is to carry out a transaction to purchase Game Points, the User has to acquire consent from a parental authority as legal representative beforehand.
In using the Service, the User shall not conduct the following acts:
- The act of transferring the User ID info or account to a third party.
- The act of transferring the User status to a third party.
- The act of making multiple accounts to a single game server by acquiring multiple User IDs.
- The act of exchanging Game Points or items from the Service for cash or gift certificates which have monetary value, and/or point items which are used outside of the Service, or recommending/advertising/announcing/arranging these acts.
- The act of discrimination or slandering others.
- The act of infringing the honor, privacy, and/or credit of others.
- The act of inflicting financial or mental damage to others.
- The act of impersonating Aiming, Aiming employees, or a third party, as well as the act of falsifying a partnership or cooperation with Aiming or a third party.
- The act of transmitting, posting, or sending obscene and/or violent messages, images, videos, or sound materials, etc.
- Political or religious acts or any acts relating to them.
- Acts like declaring an intention of desire to meet up with an unacquainted opposite sex or to engage in a sexual act using this service, acts inciting sexual act, or acts inviting the opposite sex to engage in a sexual act.
- Acts that inflict damage or cause negative influence to the health and personality development of minors.
- Acts which are against public order and morals.
- The act of threatening.
- The act of stalking or inflicting unpleasantness to others.
- The act of infringing intellectual property rights (patent rights, design rights, trademark rights, and copyrights) or the Company or a third party.
- Acts of persuasion, sales, promotion, and advertising which are not approved by Aiming.
- The act of using the Service for commercial purposes without prior written consent from Aiming.
- The act of collecting and accumulating personal information of third parties.
- The act of releasing, publishing, sending, distributing spam mail, etc.
- The act of illegally accessing Aiming or third party servers.
- The act of modification, reverse engineering, or analysis of the program, etc., and/or creation, distribution, or use of any utility programs.
- The act of using the Service by improper use of the Player Name/ID of a third party.
- The act of releasing, publishing, sending, distributing virus programs which inflicts damage to the facilities of Aiming and/or third party, or the act of posting the download URL of such virus programs, or other acts that hinder the normal operation of the Company's or a third party's devices, and/or acts that cause unintended operation.
- The act of taking advantage of defects within the Service on purpose.
- The act of analysis, copying, reproduction, alteration, addition, modification, and secondary use of a part or the whole of software and data used in the Service.
- The act of not following the conditions of use, operation process, etc. defined by Aiming.
- The act of interference to the operations of the Service by Aiming.
- Other acts which are considered unsuitable by Aiming such as violation of manners.
- Other acts which are announced by Aiming as prohibited within the Service.
- Acts which attempts the above, acts which are similar to the above, acts which has the possibility to fall under the above, and other acts which are considered unsuitable by Aiming.
- Acts of registering false contents when registering user information or when changing registered content or data.
- If any damage has been inflicted to Aiming and any third party by the acts of the User who has violated these Terms, the User shall bear all legal responsibility regardless of whether the Membership of the Service has been deprived of or not.
12. Modification, Limitation, Suspension, & Termination of the Service
- Aiming can change, limit, suspend, or end a part or whole of this Service, without prior notice or consent from the Users, if it is judged that any of the following cases have occurred during the operation and provision of this Service.
- In the case an urgent maintenance is required due to malfunction of the equipment required for the operation/provision of this Service.
- In the case where Aiming judges at its own discretion that the operation and provision of this Service is difficult due to emergencies or other Force Majeure such as war, riots, disturbances, strikes, earthquakes, eruptions, floods, tsunamis, fires, and power failures, etc.
- In case it will be inevitable due to operational or technical reasons.
- In addition to the reasons mentioned above, Aiming may end the whole or part of the Service at its own discretion, without prior consent from the Users with only in-Service announcements and other means of prior notification to the Users that Aiming considers appropriate.
- Aiming may end the provision of this Service with advanced announcements made to the Users two months prior to the end date.
- Aiming will not bear any responsibilities whatsoever to the Users, even if Aiming changes, restricts, suspends, or terminates the Service.
- In case Aiming will suspend or terminate the Service, Aiming will manage the Game Points owned by the Users, at the time of suspension or termination of the Service, according to the procedures stipulated by the Aiming.
- In providing service to the User, Aiming shall not bear any responsibilities for any damages suffered by the User except for the cases in accordance with the law. Furthermore, in case Aiming shall bear any responsibilities, the amount of damages Aiming shall pay will be the maximum of the amount that the User paid in order to use the Service.
- Aiming shall not bear any responsibility for any conflicts or damages caused between Users or with a third party.
- In case Aiming sees and judges that the act of the User is inappropriate in light of the purpose of this service, Aiming can delete the information and the player data that the User holds in the service without requiring notification or consent to the User. Aiming shall also not be charged of compensations for deleting the player data.
14. Warranty Disclaimer
The User shall explicitly agree to use this service at the User's own risk; the User shall bear full responsibility for any damages inflicted upon the User due to this service, and Aiming shall bear no responsibility at all for said damages.
Aiming shall not guarantee any of the following:
- That the contents of the Service shall conform to the purpose of use or to the demand of the User.
- That the Service will not be discontinued.
- That there are no defects or legal defects with regards to this Service.
- That the information that the User acquires through this Service is accurate and reliable.
- That the Service shall operate normally on all smartphones or other devices.
- That the information sent or received through this service is stored in a designated device, received by the recipient, or shown on the screen.
15. No Waiver
Failure or delay by you or Aiming to enforce at any time any provision of this agreement shall not be construed as a waiver or relinquishment of such rights, nor in any way affect the right of any party to enforce such provision thereafter.
No waiver or modification to these Terms will be effective unless made in writing and has been consented by the party against whom the waiver or modification is sought to be enforced.
16. Preparation and Cost of Facilities
In using the Service, the User shall prepare and bear all expenses for the required hardware, network connection, and other facilities, as well as communications fees and others.
- In case Aiming suffers damages from an act of a User, or claims from a third party inflicted by an act of a User, Aiming may demand compensation for the damages from the User, and the User shall make payments to Aiming for the demanded amount at once.
- In case Aiming has suffered damage from conflicts occurred between the Users or between a User and a third party, the User shall make compensations for the damage inflicted to Aiming.
18. Ownership of Rights
All copyrights and all other rights relating to this service belong to Aiming or third parties designated by Aiming, including Player Data, transmissions by Users, etc.
Ideas which are disclosed by the Users regarding the Service may be used freely and free of charge by Aiming in order to improve the Service, without prior consent from the Users.
With regards to the copyrights owned by Aiming or the third party appointed by Aiming, the User is allowed secondary use for non-profit purposes only within the scope specified by the "Secondary Usage Content Guidelines" which are established separately by Aiming.
Aiming may assign or delegate any of these rights and obligations under the Terms of Service and any Additional Terms, in whole or in part, to any party or entity at any time with or without the User's consent.
The obligation and rights under these Terms of Service and any Additional terms may not be assigned or delegated by the User, without prior written consent by Aiming.
20. Revisions and Additions to the Terms of Service
- Aiming reserves the right, in its sole discretion, to modify or revise, or make additions to these Terms as a part or whole, at any time, without prior consent from the Users.
- In the case where Aiming modifies, revises, or makes additions to these Terms, Aiming shall notify the Users in accordance with Article 7. Also, it is considered that the User agrees to the revised Terms by using the Service after the changes or additions have been made. Aiming assumes no responsibility for any damages or losses inflicted to the User by not checking the revisions made to these Terms.
21. Governing Law and Jurisdiction
Applicable law concerning these Terms will be the Japanese Law.
In case any disputes regarding the Service arise between the Users and Aiming, both parties will consult with each other in good faith.
In the event that the two parties do not resolve their dispute in accordance with the prior section, the exclusive jurisdiction court for the initial trial will be the Tokyo district court.
Even if a part of these Terms is deemed ineffective due to invalidity or other reasons, the other parts not contrary to this shall remain effective to the maximum extent.
Implemented on the 2nd of October 2015