Terms and Conditions of Use of “Bourin International” Application

 

These Terms and Conditions apply to the use of the application delivered by STARGUN Co., Ltd. (hereinafter referred to as the “Company”) which is called “Bourin International” (hereinafter referred to as the “Application”). All users of the Application shall comply with these Terms and Conditions.

 

Chapter1 General Provisions

Article 1  Definition

    1. “Smart Device(s)”
      Means portable, multifunctional terminal devices including iOS based devices (e.g. smart phones and tablets using iOS), Android OS based devices (e.g. smart phones and tablets using Android OS) and Fire OS based devices (e.g. smart phones and tablets using Fire OS).
    2. “Google Play”
      Means “Google Play” that delivers applications used in Android OS.
    3. “User(s)”
      Means every user of the Application.
    4. “User’s Data in Storage”
      Means data or other information that is registered or transmitted by Users through the Application and stored in the Application Server.
    5. “Application Server”
      Means the server used by the Company to operate the Application.
    6. “Application Website”
      Means the website operated by the Company that contains information on functions and contents of the Application, which can be accessed through the link set on the operation screen of the Application.

 

Article 2  Application of these Terms and Conditions, etc.

  1.  These Terms and Conditions shall apply to all Users who use the Application. Whenever Users start the use of the Application, the Company deems that they have agreed these Terms and Conditions.
  2.  Any specific provisions that may be separately prescribed by the Company in relation to the Application (specific terms and conditions and the instructions before use that are displayed in the operation screen of the Application) shall constitute part of these Terms and Conditions, which shall be also observed by Users. If there is any difference or conflict between the provisions of these Terms and Conditions and specific provisions, the specific provisions shall prevail.
  3.  If these Terms and Conditions are provided in any other language than Japanese, and there is any difference or conflict between the Japanese version and such non-Japanese version, the Japanese version shall prevail.

 

Article 3  Modification of These Terms and Conditions

  1.  The Company may at its discretion modify any provisions in these Terms and Conditions without prior announcement and notice to Users. In such a case, the modified Terms and Conditions shall come into effect when they are posted on the Application Website and made available to Users.
  2.  If any User who is unable to agree the modified provisions, he/she shall cease the use of the Application and uninstall it through his/her Smart Device. After the modified Terms and Conditions comes into effect, if a User uses the Application, the Company deems that he/she has agreed the modified Terms and Conditions.

 

Article 4  Definition of Application

  1.  The Application means the “Bourin International” application delivered by the Company through Google Play and includes services provided by the Company in relation thereto.
  2.  The Application can be used by downloading and installing it through Google Play to Users’ Smart Devices that are compatible with the Application.
  3.  The Company may at its discretion and at any time make a change in or addition to the functions and contents of the Application without prior announcement and notice to Users.

 

Chapter 2 Provisions for Use of Application

Article 5  Eligibility and License of Use of Application

  1.  Every User who intends to use the Application shall be required to create an account of Google Play Game. The Application is usable only when the Internet connection is available, which requires communication environment compatible with the Smart Device on which the Application is to be installed.
  2.  The eligibility to use the Application is a personal right that allows only the relevant User to use it.
  3.  The Company permits a User to use the Application subject to his/her compliance with these Terms and Conditions.
  4.  Each User shall, under his/her responsibility and at his/her own expense, provide, introduce, set up and control all the Smart Device, communication equipment, Internet environment and others necessary to use the Application, and bear any and all Internet or other connection fees arising from the use of the Application.

 

Article 6  Principle of Self-responsibility

  1.  Users shall use the Application at their will and under their responsibility and may not hold the Company responsible for any unintended event that may arise from their wrong operation or fraudulent manipulation.
  2.  Users shall be solely responsible for the content of data entered and transmitted by them through the use of the Application. In addition, Users shall be responsible to use at their own discretion any information or data obtained by them through the use of the Application and the Company shall not be held responsible for any consequences resulted from the use of such information or data.
  3.  Any damage caused to a third party by a User or any dispute arising between a User and a third party through his/her use of the Application shall be settled by him/her under his/her responsibility and his/her own expense. The Company shall have no concern with such damage or dispute and have no responsibility therefore.

 

Article 7  Items Usable with Coins, etc.

  1.  Users can use certain items, contents or services that are offered against certain coins in the Application by consuming the coins (hereinafter referred to as “Items Usable with Coins”). The coins can be purchased from Google Play (hereinafter referred to as “Google Play Coins”). Google Play Coins can be purchased from Google Play by taking necessary payment procedures in accordance with the payment method specified by Google Play.
  2.  The Company will not accept any request for conversion into money, purchase or refund with respect to Google Play Coins.
  3.  Users shall not be entitled to any ownership, copyright or other rights to Items Usable with Coins, and shall be only granted the license for his/her private use thereof in the Application.
  4.  A minor User may purchase Google Play Coins, only after a person who has parental authority over him/her has acknowledged or agreed on the contents and amount of his/her purchase. The Company is unable to obtain or know information on the age of a User, and deems that every purchaser of Google Play Coins is either an adult or minor who has obtained the agreement prescribed in this paragraph.

 

Article 8  Prohibition

  1. 1. With respect to the use of the Application, Users may not perform any actions that falls under or is likely to fall under any one of the actions described in the following items.
    1.   Any action to breach provisions of these Terms and Conditions
    2.   Any action to remove restrictions on usage or edition of functions of the Application or assign, lend, delivery or make available to the public of any information, device or software, etc. related thereto
    3.  Any action to reverse engineer, decompile, disassemble or otherwise exploit the Application.
    4.  Any action to infringe any copyright, intellectual property right, right to privacy, portrait right or other right to the Company or any other third party.
    5.  Any action to discriminate, slander, libel or otherwise harm the honor or reputation of the Company or any other third party.
    6.   Any action that may harm the trust, reliability or interest of the Application.
    7.  Any action to assign to, lend to, sell to, purchase from or transfer to/from a third party any part of the status, rights and obligations of a User without prior approval of the Company
    8.  In addition to the actions described in the preceding items, any actions to breach laws and regulations, public order or morals or hinder or prevent the delivery or operation of the Application, and any other actions that are deemed by the Company to be inappropriate.
  2.  If the Company finds that any action of a User falls under or is likely to fall under any one of the actions described in items in the preceding paragraph, it may immediately take appropriate measures, such as injunction or prevention of such prohibited action, or detection of data related to the action that falls under or is likely to fall under any one of the items in the preceding paragraph. In addition to or instead of such measures, the Company may demand from the User appropriate measures, such as injunction of the prohibited action and deletion of the relevant data, and the User shall accept such demand.
  3.  Any claim or objection filed by a third party due to any breach of this Article by a User shall be settled by the User under his/her responsibility and at his/her own expense even after he/she has ceased the use of the Application, for which the Company has take no liability.

 

Article 9  Intellectual Property Rights to Application

 

Article 10  Application Data

  1.  The Company does not warrant completeness, integrity, or other abilities of User’s Data in Storage in the Application Server, and shall not be liable for any and all damages caused to Users resulted from disappearance, corruption or other damage of any part of User’s Data in Storage due to force majeure and any other reason not attributable to the Company, regardless of whether any measures for recovery is taken or not thereafter.
  2.  The Company may, in order to properly operate the Application, correct, delete and use User’s Data in Storage in the Application Server
  3.  When a User replaces his/her Smart Device on which the Application is installed for his/her use, he/she can continue to use his current data by installing the Application in his/her new Smart Device and using his/her current Google Play Account.

 

Chapter 3 Provisions for Operation of Application

Article 11 Privacy Policy

 

Article 12 Inquiries

  1.  The Company will reply or respond to any inquiries concerning the method of use of the Application, which are made by Users in accordance with the procedures displayed on the user’s operation screen of the Application. Users shall acknowledge in advance that the Company does not need to reply to any inquiries that are deemed irrelevant to the method of use of the Application.
  2.  The Company does not warrant that its reply or response to inquiries from Users always provides a schedule of the completion of such reply of response or a concrete solution to any problem.

 

Article 13 Suspension of Functions of Application

    1.  the Company takes technical measures such as maintenance or upgrading for the Application;
    2.  computer virus damage, fire, power failure, natural disaster or any other force majeure event or accident has been caused to the Application Server;
    3.  the Company becomes difficult to provide the functions of the Application which are resulted from any unauthorized access or attack by a third party against the Application Server;
    4.  any services to the Application Server from the telecommunications carrier, server operator, data center operator or others becomes unavailable; and/or
    5.  the Company becomes difficult to provide the functions of the Application due to the occurrence of any other unforeseeable event or technical or operational reason.

 

Article 14 Abolishment of Functions or Termination of Delivery of Application

 

Article 15 Damages

  1.  The Company shall be liable only for damages directly caused to Users resulted from the Company’s breach of these Terms and Conditions due to an event which is obviously attributable to the Company.
  2.  Notwithstanding the provision in the preceding paragraph, no defect, malfunction, disturbance or suspension of the Application, or damage to or disappearance of data shall constitute the Company’s liability for damages, except for special cases where such defect, malfunction, disturbance, suspension, damage or disappearance is intentionally caused by the Company.
  3.  In any events, the amount of damages for which the Company is liable to a User under these Terms and Conditions shall be limited to the amount obtained by the Company through the use by the User of the Application until the damages arise.

 

Article 16 Disclaimer

  1.  The Application shall be provided on an AS-IS basis, and, in terms of technical or business aspects, the Company shall not be responsible to warrant that the contents and functions of the Application are useful, correct, integrate and legal, as well as the future outcome resulted therefrom, nor does the Company warrant that the Application is free of bugs.
  2.  The Company does not warrant that Users are able to use the Application in good condition in every terminal device and OS version, and shall not bear any obligations to verify the operation and make improvement in order to make such warranty. It is deemed that troubles and failures in telecommunications often occur from events that the Company is unable to investigate or address, therefore, the Company shall not be responsible to identify causes of or address any such troubles and failures.
  3.  The Company shall not be responsible for any problems caused to the Application such as failure arising from changes in the specifications of Google Play or of the version of Android OS and shall not be liable for any damages resulted therefrom.
  4.  The Company shall not be liable for any compensation claimed based on default, tort or any other legal liabilities in relation to any and all damages caused to Users resulted from:
    1.  malfunction of the Application attributable to Google Play;
    2.  malfunction of the Application attributable to the environment of Users;
    3.   malfunction of the Application attributable to the communication environment;
    4.  malfunction of the Application attributable to other services, applications, systems and devices not directly related to the Application;
    5.   malfunction of the Application due to failure of the equipment of the server and telecommunication errors attributable to the telecommunications line carrier, server operator or data center operator related to the Application Server;
    6.  malfunction of the Application attributable to invasion of a computer virus into the Application Server which could not be detected using virus patterns or virus definition files of the anti-computer virus software installed in the Application Server; and/or
    7.  malfunction of the Application due to any other event not attributable to the Company.
  5.  The Company shall not be liable to Users for any and all damages that may occur when the Company
    1.  modifies these Terms and Conditions under Article 3 Modification of these Terms and Conditions;
    2.  makes any addition or change to the contents and functions of the Application under Paragraph 2 of Article 4 Definition of Application;
    3.  takes measures under Paragraph 2 of Article 8 Prohibition;
    4.  suspends any functions of the Application under Article 13 Suspension of Functions of Application: and/or
    5.  abolishes any function of the Application or terminates the delivery of the Application under Article 14 Abolishment of Functions or Termination of Delivery of Application.

 

Chapter 4 General Terms and Conditions

Article 17 User’s Obligation of Compensation for Damages

 

Solution of Dispute

  1.  Any dispute or doubt arising from the provisions of these Terms and Conditions or any matters not prescribed in these Terms and Conditions shall be settled by discussion under the principle of good faith.
  2.  These Terms and Conditions and the Application shall be governed by laws of Japan, and any and all disputes arising from these Terms and Conditions and the Application shall be submitted to, according to the amount that is disputed, either the competent local court or the summary court which has jurisdiction over the location of the head office of the Company as the exclusive agreement court of first instance..

 

Established on February 8, 2016

 

 

©2013-2016 STARGUN Co.,Ltd.

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