Dmm App4/21/2021
These DMM Kariyushi Aquarium App service terms and conditions (these Terms and Conditions) prescribe terms and conditions of the DMM Kariyushi Aquarium App, a smartphone application operated by DMM RESORTS Co., Ltd.
Dmm App Software And ExternalDMM RESORTS) (including update versions installed by updating programs, and all application software and external coordination functions, etc.; this Service ).In addition, Users using this Service (Users) shall consent to these Terms and Conditions before using this Service. In using this Service, Users acknowledge that the content of help pages, guidance pages, or the like relating to this Service shall also constitute a part of these Terms and Conditions. DMM RESORTS may revise these Terms and Conditions without giving prior or subsequent notice to Users, and after the revision of these Terms and Conditions, the revised Terms and Conditions will become effective at the time when the revised Terms and Conditions are displayed on this Service. By using this Service after the revision of these Terms and Conditions, Users will be deemed to have consented to the revised Terms and Conditions. Article 2 Use of this Service In order to use this Service, it is necessary to install this Service onto a device such as a smartphone (Device). This Service may not be used other than on Devices that correspond to those separately designated by DMM RESORTS. If a User becomes aware of information regarding any defects (including defects, etc. Content provided on this Service may use the near field communication function (NFC) of Users Device. DMM RESORTS will not be liable in anyway for information errors, etc. Article 5 Provision of Usage History to Third Parties DMM RESORTS may provide information such as usage history to third parties for improvement of quality and precision of this Service, or for development of better applications, etc. Article 6 Modification of Content, Interruption, or Suspension of this Service 1. DMM RESORTS may modify the details of this Service without giving prior notice to Users. DMM RESORTS may interrupt or suspend this Service temporarily without giving prior notice to Users if any of the following circumstances occur: (1) when maintenance of this Service or related equipment, etc. DMM RESORTS may terminate this Service by giving Users a notice of termination of this Service that specifies a reasonable period of time. At the time this Service terminates, Users will lose all rights and eligibilities relating to this Service that Users are entitled to under these Terms and Conditions. Article 8 Prohibited Matters and Suspension of User Eligibility 1. In using this Service, Users shall not engage in any of the following acts: Unjust purpose use, etc. Service for commercial purposes; (2) engaging in acts with the purpose of obtaining unjust profit using this Service or other equivalent acts; Unjust acts, etc. DMM RESORTS will not be liable whatsoever for damage incurred by the User in relation to any of the measures in the preceding paragraph. In addition, DMM RESORTS shall not be liable to describe or respond to receipt of complaints, etc. DMM RESORTS does not make any guarantee in respect of accuracy or usefulness of the details of this Service, information provided to Users, or the details of information recorded by Users. DMM RESORTS does not make any guarantee that any indications on this Service are complete and accurate. If a dispute or the like arises between a User and another User or third parties in relation to the usage of this Service, the User shall settle the dispute at its own responsibility and expense, and DMM RESORTS will not bear any liability. DMM RESORTS does not guarantee absence or presence of errors or bugs, etc. Accordingly, DMM RESORTS does not make any guarantee that this Service can be used in every environment. DMM RESORTS will not be liable whatsoever even if any damage or loss is caused to User in relation to the use of this Service, unless there is willful misconduct or gross negligence by DMM RESORTS. Users shall fulfill the terms and conditions prescribed in these Terms and Conditions before using this Service, and DMM RESORTS will not be liable in any way for any results due to Users using this Service without fulfilling the terms and conditions. If an agreement established between DMM RESORTS and User (including the details of these Terms and Conditions) constitutes a consumer contract as prescribed in Article 2, Paragraph 3 of the Consumer Contract Act, any provisions of these Terms and Conditions that fully waive the liability of DMM RESORTS for damages will not apply. Even in the case prescribed in the preceding paragraph, DMM RESORTS will not be liable in contract, tort, or any other cause of action for any damage incurred by User due to negligence on the part of DMM RESORTS (excluding gross negligence) in cases where such damage arose from special circumstances (including cases which DMM RESORTS or User foresaw or were able to foresee that the damage would occur). All copyrights and other intellectual property rights of all content used on this Service belong to DMM RESORTS or to the right holder who licenses DMM RESORTS to use such copyrights or intellectual property rights, and Users shall not reproduce, assign, lend, translate, alter, reprint, share publicly (including enabling public sharing), transfer, distribute, publish, use for business purposes, or otherwise use such copyrights or intellectual property rights without permission. Article 11 Notice All inquiries relating to this Service, or other communication or notifications from Users to DMM RESORTS, and communication or notifications from DMM RESORTS to Users, shall be made only through the method specified separately by DMM RESORTS. Article 12 Governing Law These Terms and Conditions shall be governed by the laws of Japan. Article 13 Jurisdiction The Tokyo District Court shall have exclusive jurisdiction as the court of first instance for any disputes arising between DMM RESORTS and Users in connection with this Service.
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