Mage Duel Services Terms and Conditions of Use
These Mage Duel Services Terms and Conditions of Use (these “Terms”) set forth the conditions for the use of the game service (the “Service”) provided by LINE NEXT Corp.(“Company”) to users of the Service (“Users”).
The following terms shall have the meanings set forth below when they are used in these Terms:
1.1. “Account” means the character string or other symbols to identify each User issued by COMPANY at the time when the Service starts to be used.
1.2. “In-Game Currency” means a prepaid payment instrument, etc. which can be exchanged for services or the content provided in the Service for charge.
1.3. “content” means text, sounds, music, images, videos, software, programs, computer code and other information.
1.4. “Content” means content that may be accessed through the Service.
1.5. “Submitted Content” means any content that Users have submitted, transmitted or uploaded on or to the Service.
1.6. “Fee-Based Service” means any service or content provided to Users for charge (including in the case of being exchanged for In-Game Currency provided for charge) within the Service.
2.1. All Users shall use the Service in accordance with these Terms. Users may not use the Service unless they agree to these Terms.
2.2. Users who are minors may only use the Service by obtaining prior consent from their parents or legal guardians. Furthermore, if Users will be using the Service on behalf of, or for the purposes of, a business enterprise, then such business enterprise must also agree to these Terms prior to using the Service.
COMPANY may revise these Terms in any of the following cases. In the foregoing case, COMPANY will make public, by indicating on the Service or COMPANY’s website, or notifying Users according to a method prescribed by COMPANY, to the effect that these Terms will be revised, as well as the subject matter and effective date of the revised version of these Terms. In the case of Clause 3.2 below, COMPANY will make the revision public a reasonable period before the effective date of the revision. The revised version of these Terms shall come into effect from the effective date:
3.1 when revision to these Terms conforms to the general interests of Users; or
3.2 when revision to these Terms is not in breach of the purpose of any contract, and is rational in light of the necessity of such revision, appropriateness of the subject matter after revision, and other circumstances concerning the revision.
4.1. When using the Service, Users may need to set up an Account by registering certain information. Users must register true, accurate and complete information, and must revise the same to keep such information up-to-date at all times.
4.2. If Users register any authentication information when using the Service, they must exercise due care in handling such information at their own responsibility to ensure that such information is not used in an unlawful manner. If an operation is performed using the User’s authentication information that was registered (including without limitation cases where the User is authentication based on a combination of account and password, or based on a comparison of the code uniquely assigned for each mobile phone number sent from a mobile operator and the registered information), COMPANY will provide the Service by deeming that such operation is an act by the actual User.
4.3. If Users use the Service without creating an Account or use the Service that does not have an Account-setting function, none of the In-Game Currency, Submitted Content or other data will be transferred to the User’s new communication device when the communication device is changed.
4.4. In the case of the preceding paragraph, any data pertaining to the In-Game Currency and fee-based content that have been purchased by Users, as well as any other data pertaining to the Service, may cease to exist, without prior notice to Users, due to any of the following:
4.4.1 Uninstalling of the Service by Users;
4.4.2 Change of communication device by Users; or
4.4.3 Any unspecified cause not involved in either COMPANY or Users.
4.5. COMPANY reserves the right to delete any Account that has been inactive for a period of one (1) year or more since its last activation, without any prior notice to the applicable User.
4.6. Any and all rights of a User to use the Service shall cease to exist when such User’s Account has been deleted for any reason. Please take note that an Account cannot be retrieved even if a User has accidentally deleted his/her Account.
4.7. Each Account in the Service is for exclusive use and belongs solely to the User of such Account. Users may not transfer, lease or otherwise dispose their rights to use the Service to any third party, nor may the same be inherited or succeeded to by any third party.
5.1. COMPANY shall manage all personal information pertaining to the Service.
5.2. COMPANY places its top priority on the privacy of its Users.
5.3. COMPANY will appropriately handle privacy information and personal information of Users in accordance with the (mage duel PP URL).
5.4. COMPANY promises to exercise the utmost care and attention to its security measures to ensure the safe management of any and all information collected from Users.
6.1. Users shall supply PCs, mobile phone devices, smartphones and other communication devices, operating systems, communication methods and electricity, etc. necessary for using the Service at their own responsibility and expense.
6.2. COMPANY reserves the right to limit access to all or part of the Service by Users depending upon conditions that COMPANY considers necessary, such as the age and identification of Users, current registration status, and the like.
6.3. COMPANY may modify all or a part of the contents of the Service when corresponding to any of the following items:
6.3.1 when modification to the contents of the Service, such as addition of functions to or improvement of the Service, conforms to the general interests of Users; or
6.3.2 in cases other than the item 6.3.1 above, there is rationality in light of the necessity to modify the contents of the Service, appropriateness of the contents after modification, and other circumstances concerning the modification.
6.4. COMPANY may cease to provide all or part of the Service without any prior notice to Users in case of the occurrence of any of the following:
6.4.1 When conducting maintenance or repair of systems;
6.4.2 When the Service cannot be provided due to force majeure such as an accident (e.g., fire, power outage, etc.), act of God, war, riot, labor dispute;
6.4.3 When there is system failure or heavy load on the system;
6.4.4 When securing the safety of Users or third parties, or in the case of an emergency for public welfare; or
6.4.5 When COMPANY reasonably determines it to be necessary, other than those set forth in items 6.4.1 to 6.4.4 above.
6.5 As for the Fee-Based Service, no refund, return of In-Game Currency or any other reimbursement will be made due to cancellation by Users; provided, however, that the foregoing shall not apply if the applicable laws or regulations require otherwise.
The Service cannot be depended upon for emergency calls, such as those made to law enforcement agencies, maritime safety authorities, fire brigade or other emergency services.
COMPANY reserves the right to post advertisements for COMPANY or a third party on the Service.
The Service may contain services or content provided by third parties other than COMPANY. Such third parties shall bear any and all responsibility regarding such services and/or content. Furthermore, there may be terms of use or other terms and conditions provided by such third party which are applicable to such services and Content.
10.1. COMPANY grants Users a non-assignable, non-transferable, and non-exclusive license to use the Content provided by COMPANY, solely for the purpose of using the Service.
10.2. Users shall abide by the conditions applicable thereto when using any Content which is subject to conditions of use, such as additional fees and periods of use and the like. Even if terms such as “Purchase”, “Sales” or the like appear on the screens for the Service, COMPANY shall remain the owner of all intellectual property rights as well as other rights in the Content offered to Users by COMPANY, and such rights shall not be transferred to Users. Users will only be granted usage rights as set forth above.
10.3. Users shall not use any Content beyond the scope of the intended use of the Content in the Service (including, without limitation, acts of copying, transmitting, reproducing, and modifying).
10.4. If Users wish to back-up all or part of the Submitted Content, they will need to do so themselves. COMPANY will not undertake the obligation of backing up any of the Submitted Content.
10.5. The Service may include functions where multiple Users may edit content (e.g., posting, correction and deletion). In such case, a User who posted his/her Submitted Content shall grant other Users the right to edit such Submitted Content.
10.6. Users shall retain their rights to their Submitted Content, and COMPANY shall not acquire any such rights; provided, however, that, among the Submitted Content, for those that are made available to other Users generally (i.e., not just to the User's “friends”), the User who posted such Submitted Content shall be deemed to have granted COMPANY a license (including the right to amend (e.g., abbreviate) such content to the extent COMPANY deems necessary and appropriate, and the right to sublicense such usage rights to other third parties working together with COMPANY), to use such Contents for services and/or promotional purposes.
10.7. Users shall not exercise the author’s moral rights or any other rights with respect to the Submitted Content in relation to the use by COMPANY or a third party under Clauses 10.5 and 10.6.
10.8. COMPANY may check and confirm the content of the Submitted Content by Users to the extent permissible under the laws and regulations, when it is necessary for COMPANY to confirm compliance with the related laws and regulations or the provisions set out in these Terms, etc.; provided, however, that COMPANY is not obligated to conduct such confirmation.
10.9. If COMPANY believes that a User has violated or may violate any applicable laws or regulations or the provisions of these Terms in relation to the Submitted Content, or when otherwise reasonably necessary for COMPANY’s business, then COMPANY reserves the right to preclude such User’s use of the Service in certain manners such as deleting the Submitted Content, without providing prior notice to the User.
11.1. In-Game Currency will be provided to Users by the means designated by COMPANY, such as through purchases in the Service and special offers. The purchase unit, payment method, usage period, and any other conditions for providing In-Game Currency shall be determined by COMPANY and displayed in the Service or on COMPANY’s website.
11.2. In-Game Currency may not be exchanged for cash, property or other economic benefits other than for the services and content designated by COMPANY. The amount of In-Game Currency required for receiving the services or content, as well as any other conditions for exchanging In-Game Currency, shall be determined by COMPANY and displayed in the Service or on COMPANY’s website.
11.3. In-Game Currency purchased by Users will not be refunded for any reason whatsoever; provided, however, that the foregoing shall not apply if the applicable laws or regulations require otherwise. In such case, the method for refunding In-Game Currency shall be determined by COMPANY in accordance with the applicable laws and regulations and displayed on COMPANY's website, etc.
11.4. In-Game Currency may only be used in the Account through which Users purchased such In-Game Currency; In-Game Currency may not be assigned or transferred to any other Account. Furthermore, In-Game Currency provided by terminal devices of different operating systems may not be carried over or combined, even if they are under the same name, since the types of In-Game Currency are different.
11.5. If a User owns the same type of In-Game Currency both for charge and paid of charge at the same time, the In-Game Currency for charge shall be consumed first.
COMPANY prohibits Users from engaging in any of the following acts when using the Service:
12.1. Acts that violate the laws and regulations, court verdicts, resolutions or orders, or legally binding administrative measures;
12.2. Acts that may be in violation of public order, morals or customs;
12.3. Acts that infringe intellectual property rights such as copyrights, trademarks and patent rights, rights to fame, privacy and all other rights granted by law or by a contract with COMPANY and/or a third party;
12.4. Acts of posting or transmitting: excessively violent or explicitly sexual expressions; expressions that amount to child pornography or child abuse; expressions that lead to discrimination by race, national origin, creed, gender, social status, family origin, etc.; expressions that induce or encourage suicide, self-injurious behavior or drug abuse; or expressions that include anti-social content and lead to the discomfort of others;
12.5. Acts that lead to the misrepresentation of COMPANY and/or a third party or that intentionally spreading false information;
12.6. Acts of sending the same or similar messages to a large, indefinite number of Users (except for those approved by COMPANY), or other acts that COMPANY deems as spamming;
12.7. Acts of exchanging the right to use the Service or the Content into cash, property or other economic benefits, other than by using the method prescribed by COMPANY;
12.8. Acts of using the Service for sales, marketing, advertising, solicitation or other commercial purposes (except for those approved by COMPANY); using the Service for the purpose of sexual conduct or obscene acts; using the Service for the purpose of meeting or engaging in sexual encounters with an unknown third party; using the Service for the purpose of harassment or libelous attacks against other Users; or otherwise using the Service for purposes other than as intended by the Service;
12.9. Acts that benefit or involve collaboration with anti-social groups;
12.10. Acts that are related to religious activities or invitations to certain religious groups;
12.11. Acts of unauthorized or improper collection, disclosure or provision of any other person's personal information, registered information, user history, or the like;
12.12. Acts of interfering with the servers and/or network systems of the Service; fraudulently manipulating the Service by means of bots, cheat tools or other technical measures; deliberately using defects of the Service, making unreasonable inquires and/or under claims such as repeatedly asking the same questions beyond what is necessary, and other acts of interfering with or hindering COMPANY's operation of the Service or other Users’ use of the Service;
12.13. Acts of decoding the source code of the Service, such as by way of reverse engineering, disassembling or the like, for unreasonable purposes or in an unfair manner;
12.14. Acts that aid or encourage any acts stated in Clauses 12.1 to 12.13; and
12.15. Acts other than those set forth in Clauses 12.1 to 12.14 that COMPANY reasonably deems to be inappropriate.
13.1. Users shall use the Service under their own responsibility.
13.2. COMPANY may suspend the use of all or any part of the Service, suspend or delete Accounts, cancel any agreement between a User and COMPANY with respect to the Service (including, without limitation, any agreement based on these Terms, hereinafter the same) or take any other measure COMPANY reasonably determines to be necessary and appropriate, without prior notice to such User, in the case that such User falls under or there is a possibility that such User falls under any of the following items:
13.2.1 A User is in breach of applicable laws and regulations, these Terms or any Separate Terms;
13.2.2 A User is a member of an anti-social group or a related party thereof;
13.2.3 A User tarnishes COMPANY’s credibility by spreading false information, using fraudulent means or force, or other unlawful means;
13.2.4 A User is subject to a petition for attachment, provisional attachment or auction procedures such as bankruptcy, civil rehabilitation or similar procedures are commenced; or COMPANY otherwise reasonably deems that there is uncertainty with respect to User’s credibility; or
13.2.5 The relationship of trust with a User is lost or COMPANY otherwise reasonably determines that would not be appropriate for COMPANY to provide the Service to User, due to reasons other than as set forth in items 13.2.1 to 13.2.4.
13.3. If COMPANY suffers any damage due to a User’s willful misconduct or negligence, the User must compensate the damage that COMPANY suffered immediately when COMPANY demands such compensation.
COMPANY SHALL PROVIDE NO WARRANTY, EITHER EXPRESSLY OR IMPLIEDLY, WITH RESPECT TO THE SERVICE (INCLUDING THE CONTENT), THAT THERE ARE NO DEFECTS (INCLUDING, WITHOUT LIMITATION, FAULTS WITH RESPECT TO SECURITY, ETC., ERRORS OR BUGS, OR VIOLATIONS OF RIGHTS) OR AS TO THE SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, EFFECTIVENESS AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY WILL IN NO WAY BE RESPONSIBLE FOR PROVIDING USERS WITH THE SERVICE AFTER DELETING SUCH DEFECTS.
15.1. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE INCURRED BY USERS ARISING FROM THE USE OF THE SERVICE UNLESS SUCH DAMAGE IS ATTRIBUTABLE TO THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF COMPANY; PROVIDED, HOWEVER, THAT, IN CASE THAT THE AGREEMENT BETWEEN THE USER AND COMPANY WITH RESPECT TO THE USE OF THE SERVICE FALLS UNDER THE CONSUMER CONTRACT AS DEFINED IN THE CONSUMER CONTRACT ACT OF JAPAN (A “CONSUMER CONTRACT”), COMPANY WILL BE LIABLE TO PROVIDE COMPENSATION FOR DAMAGE ARISING DUE TO NEGLIGENCE ON THE PART OF COMPANY (EXCLUDING GROSS NEGLIGENCE) ARISING FROM CONTRACT OR TORT ONLY WITHIN THE RANGE OF (A) THE DAMAGE WHICH IS NORMALLY INCURRED (I.E., EXCLUSIVE OF LOST PROFITS AND OTHER DAMAGES ARISING UNDER SPECIAL CIRCUMSTANCES), AND (B) THE AMOUNT OF USAGE FEES FOR THE SERVICE RECEIVED FROM SUCH USER FOR FEE-BASED SERVICE FOR THE MONTH IN WHICH SUCH DAMAGE HAS BEEN INCURRED, AT MAXIMUM.
15.2. IF A USER INCURS DAMAGE AS A RESULT OF GROSS NEGLIGENCE ON THE PART OF COMPANY, COMPANY WILL BE RESPONSIBLE TO PROVIDE COMPENSATION FOR THE DAMAGE INCURRED BUT ONLY WITHIN THE RANGE OF (A) THE DAMAGE WHICH IS NORMALLY INCURRED (I.E., EXCLUSIVE OF LOST PROFITS AND OTHER DAMAGES ARISING UNDER SPECIAL CIRCUMSTANCES), AND (B)THE AMOUNT OF USAGE FEES FOR THE SERVICE RECEIVED FROM SUCH USER FOR FEE-BASED SERVICES FOR THE MONTH IN WHICH SUCH DAMAGE HAS BEEN INCURRED, AT MAXIMUM; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT APPLY IF THE AGREEMENT BETWEEN SUCH USER AND COMPANY FALLS UNDER THE DEFINITION OF A CONSUMER CONTRACT.
If any provision of these Terms is found to violate the Consumer Contract Act of Japan or any other laws and regulations applicable to an agreement between Users and COMPANY with respect to the Service, such provision, to the extent of such violation, shall not apply to the agreement with the Users; provided however that, the remaining provisions of these Terms shall not be affected thereby.
17.1. For notifications from COMPANY to Users regarding the Service, COMPANY will use a method that COMPANY considers appropriate, such as posting in an appropriate place within the Service or on COMPANY’s website.
17.2. For notifications from Users to COMPANY regarding the Service, Users shall use the customer inquiry form available on the Service or on COMPANY’s website, or through other means designated by COMPANY.
18.1. The Terms shall be governed by the laws of the Republic of Korea.
18.2. Any disputes arising between the Company and users shall be resolved through mutual consultation based on the principle of good faith. If mutual consultation is not possible, the dispute shall be submitted to the competent court under the Civil Procedure Act.
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