ImaginePlay Terms of Use
Introduction
This
User Agreement ("Agreement") is made between ImaginePlay
Inc./ImaginePlay ("Site") and site visitors
("Users") including members of ImaginePlay.
In this Agreement references to; "you" or "your" refers to
any Users of ImaginePlay; and "We" and
"us" and "our" refer to the Site.
Article 1 (Scope and Nature of the Agreement)
This
Agreement applies to all services that the Site offers and to all the Users.
The Site reserves the right at any time without prior notice to: Modify or
eliminate any portion of the Terms of this Agreement contained herein; or
Change the Site, including eliminating or discontinuing any downloads on,
content on or materials of the Site. By continued use of the Site after such
terms and conditions have been posted, you agree to abide by such changes.
Article 2 (Eligibility of Users)
The
Users are those who applies to use the Site based on
the designated procedure of the Site and upon acceptance of the Agreement, and
who the Site approved. However, you must be an individual who is at least 18
years old to access, use, or activate your account on the Site.
Article 3 (Agreement of Users)
The
Site may decline or cancel the approval of use if the person who applies for
its use falls under any of the following items. Also, after the approval, the
Site reserves the right to cancel the approval without prior notice.
1. When the Site finds the fact that the
Users have been disqualified as Users in the past due to violation of the
Agreement or other reasons;
2. When the Site finds the fact that
there was a false statement, misdescription or
incomplete form in the application of use;
3. When the Site finds the fact that the
payment through a financial institution, etc
designated by the Users is suspended;
4. When the Site finds the fact that the
payment for the use of the Site has been neglected;
5. When the Site finds the fact that the
applicant is under 18 years old;
6. When the Site finds the fact that the
same applicant has applied for its use more than once; or
7. When the Site judges the cancellation
appropriate.
Article 4 (Control of User Number and Password)
You
may not assign, transfer, sell, change the ownership or pawn the user number
("ID") and password provided by the Site in any manner to any third
party. The Users take responsibility for the management and use of the ID and
password provided under the Agreement to avoid inflicting any damage on the
Site. The Users use the Site with the said ID and password on their own
responsibility and shall be liable for any debt related to its usage.
Article 5 (Notification of Change)
The
Users shall promptly notify the change of the e-mail address, telephone number
or other information registered to the Site in a predetermined procedure. You
cannot change your registered name unless the Site judges it appropriate such
as the change of the Family name due to the marriage.
Article 6 (Facilities)
The
Users must prepare communication equipment, communications lines, software, and
all other facilities that are necessary to use the Site, on their own
responsibility and at their expense.
Article 7 (Modification and Discontinuation of
Provision of the Site)
The
Site may change the various conditions, operational rules or the provision of
the Site without prior notice to the Users, and the Users shall agree to this.
This change includes, but is not limited to, the price revision and partial
improvement or elimination of the provision of the Site. We may discontinue the
provision of the Site, after giving a notification to the Users at least three
(3) months in advance. This notification of change or discontinuation is
offered on the Site and through the other methods the Site can provide.
Article 8 (Temporary Suspension of the Service)
The
Site may temporarily suspend the service provided by the Site without prior
notice when it falls under any of the following items:
1. When periodic or urgent maintenance
is performed on the system of the Site.
2. When the system operation is
technically interrupted or endangered by earthquake, fire, or any natural
calamities, riot, labor dispute, unrest, act of public enemies, any law, order,
regulation, power problem, etc.
3. When the Site has reasonable grounds
to unavoidably suspend the service of the Site.
Article 9 (Guarantee and Suspension of the Provision
of the Site)
The
provision of the Site is what the Site can offer at the time. The Site does not
guarantee the completeness, accuracy, applicability, usability, etc of the information that the Site offers, and
descriptions, applications, etc. registered by the Users under any
circumstances.
The
Site shall take no responsibilities in and shall not be liable for any damage
to the Users or to the third party as a result of any delay or failure in
performance of the Site, under any circumstances.
Article 10 (Claim for Damage)
The
Site shall take no responsibilities in and shall not be liable for any loss or
damage of any kind the Users suffer as a result of using or accessing the Site,
ImaginePlay client and service. If the Users inflict
any damage on the third party by the usage of the Site, ImaginePlay
client and service, the Users must resolve the case on their own responsibility
and at their own expense, and shall not inflict damage on the Site and/or to us.
If Users inflict damage on the Site by the act which violates
the Agreement or by the incorrect or illegal act, the Site shall file a
claim to the relevant Users regarding the damage upon consultation with the
relevant Users.
Article 11 (Personal Use of the Site)
Except
upon approval of the Site (if any third party has the rights to the relevant
information, this includes the acquisition of the approval of the relevant
third party through the Site; hereinafter the same in this Article) is granted,
the Users shall not copy, reproduce, publish, upload, post, transmit or
distribute any information the Users acquired through the Site in any manner;
you may use the information for the strictly personal use only as the Users of
the Site. Except upon approval of the Site, the Users shall not copy,
reproduce, publish, upload, post, transmit or distribute any information the
Users acquired through the Site in any manner through a third party.
Article 12 (Use of the Site in Japanese)
The
Japanese sections of the Site are intended only for the Users who speak
Japanese fluently. To use these sites, you shall be required to have a good
understanding of any of the information in Japanese. The customer service in
English is not intended for use of the Japanese sites. The Site reserves the
right to deny refunds if any problem occurs with your purchase on the Japanese
sites as a result of misunderstanding or not fully understanding any
instructions in the purchased product(s) or information on Japanese sites. We
do not guarantee the operation of the products available on the Japanese sites
in your environment, or that the operation of the products does not interrupt
and is error free.
Article 13 (Scope of Service of the Site and Set of
Purchase Limit)
The
Site may set or change the limitation to the scope of the service of the Site
to the Users on its own judgment. Similarly, the Site can set or change the
limitation to the purchase limit of the Site to the Users.
Article 14 (Charge by the Site)
The
charge by the Site shall be displayed in the checkout page for each product. The
calculation and the payment method shall be displayed in the checkout page as
well. If the payment method is defined separately for a certain product, the
Users may follow the condition. The Users shall bear the consumption tax and
other taxes as applicable related to the purchase.
Article 19 (Payment of Charge)
The
payment for the Site is by the one method that the Site approves for each user.
The Users shall choose one of the payment options that the Site provides. If a
financial institution, etc has the regulations such
as conditions of use and payment or limit of chargeable amount separately, the
Users agree to comply with the relevant regulations. In the case of the
conflict between the Users and the financial institution, etc,
the case shall be resolved by the both parties concerned, and the Site shall
assume no responsibility.
Article 20 (Membership Cancellation)
The
Site reserves the right to dismiss, temporarily suspend,
or terminate Users' account and rights to use the service at any time without
prior notice if the Users fall under any of the following items. In any of the
following cases, the Site reserves the right to deny refunds for purchased
products for any reason.
1. When you provide false information
upon member registration;
2. When you alter the information
improperly;
3. When you use the ID or password
incorrectly;
4. When you interfere with the operation
of the Site;
5. When you fall behind or refuse to pay
for your purchase(s);
6. When you cause loss, damage, or
significant mental distress to other Users;
7. When you apply for but never activate
the ID and password and more than 6 months have elapsed;
8. When you apply to use the Site more
than once (if this is the case, the Site terminates the duplicate account(s) to
approve only one account per User);
9. When you breach one of the articles
in the Agreement; or
10. When the Site judges the Users
unsuitable as a member.
Article 21 (Membership Termination)
If
the Users wish to terminate the membership, they shall report the termination
to the Site one (1) month prior to the date they wish to terminate the
membership in a designated form and pay all of the debt they owe to the Site
immediately. The Site reserves the right to deny refunds for the charges that
are already paid. The Site also reserves the right to deny refunds for all
charges such as the right of the use of the Site under any circumstances.
Article 22 (Jurisdictional Issues)
The
Site (except linked websites) is administrated and provided by ImaginePlay Inc. from its office in the United States of America.
By accessing this website, both the Users and the Site agree that the laws and
regulations in force in the USA, without regard to its conflicts of law
principles, will apply to all matters relating to the use of the Site. By
accessing this website, both the Users and the Site further agree that all
litigation out of or, in connection with the above-mentioned every Terms of Use
or material, shall be brought solely to the court which has jurisdiction over
the seat of ImaginePlay Inc. The Site makes no representation
that materials on this website are legitimate or appropriate for use in other
countries or areas. Furthermore, the Site makes no representation that
accessing the Site is legitimate or appropriate in other countries or areas.
Those who choose to access the Site from other countries or areas shall act on
their own initiative and are responsible for compliance with applicable local
laws.
(Last Revised on June 2, 2015)