Date of enactment: January 27, 2022
Last revision date: July 2, 2022.
These Terms of Service (the “Terms”) define the terms and conditions of use of “Remote Dice 3D” (the “Service”), a service provided by Amagamina Games, Inc.(“We” and the “Company”) , and the relationship of rights and obligations between the user and the Company.
In order to use the Services in accordance with the Terms, you must read the Terms in their entirety and agree to them.
Article 1 (Definitions)
The following Terms used in this Agreement shall have the meanings set forth below.
(1) “Service” means the service named “RemoteDice 3D”, which is an app provided by the Company. If the name or content of the Service is changed for any reason, the service after the change is included. The “Web Viewer” provided for PCs is also included in this service. However, the Web Viewer does not have functions such as User Registration or Premium Plan, and only some functions are provided.
(2) “Service Usage Agreement” shall mean the agreement for the use of the Services concluded between the Company and the Registered User under the Terms of this Agreement.
(3) “Registered User” shall mean an individual or corporation that has registered as a user of the Service in accordance with Article 3 (Registration).
(4) “User Name” means the name you enter on the screen of the Service when you register as a user of the Service in accordance with Article 3 (Registration).
(5) “External Account Sign-In” refers to the use of passwords and user IDs used for sign in to services provided by other companies as passwords and user IDs for sign in to the Service when registering as a user of the Service based on Article 3 (Registration).
(6) “External Account Linking” refers to linking the user information of the Service with the account information of services provided by other companies to enable sign in to the Service. External Account Linking is automatically performed when External Account Sign-In is executed.
(7) “Website” means the website ( https://remotedice.amagmina.jp/en/ ) set up for the purpose of providing information on the Terms and use of the Service.
(8) “Premium Plan” means the paid contents provided by the Service.
(9) “Intellectual Property Rights” means copyrights, patent rights, utility model rights, design rights, trademark rights, know-how and other intellectual property rights, etc (including the right to acquire such rights or to apply for registration of such rights).
Article 2 (Applying)
1. The purpose of this Agreement is to set forth the Terms for providing the Service and the relationship of rights and obligations between the Company and Registered User regarding the use of the Service, and shall apply to all relationships between Registered User and the Company regarding the use of the Service.
2. It shall constitute the fee schedule, method of payment of fees, and other rules regarding the use of the Service posted by the Company on the Website.
3. In the event that the contents of the Terms differ from the rules set forth in the preceding paragraph or other explanations of the Service outside of the Terms, the provisions of the Terms shall take precedence.
Article 3 (Registration)
1. A person who wishes to use the Service (the “Registration Applicant”) may apply to the Company for registration to use the Service by agreeing to abide by the Terms and by providing the Company with certain information (the “Registration Items”) in a manner prescribed by the Company.
2. In accordance with the Company’s standards, the Company shall determine whether or not to Registration Applicant who has applied for registration in accordance with Paragraph 1 (the “Applicant”), and if the Company approves the registration, the applicant shall become a Registered User and be able to start using the Service.
3. Upon completion of the registration stipulated in the previous section, the Service Usage Agreement will be established between the Registered User and the Company, and the Registered User will be deemed to have agreed to the Terms and the contents of the Service.
4. In the event that an Registration Applicant falls under any of the following categories, the Company may refuse registration or re-registration, and shall not be obligated to disclose the reasons for such refusal.
(1)When there is a falsehood, error, or omission in all or part of the registration information provided to the Company (although the User Name is not limited to real names, it may be considered false if the User Name is set for the purpose of impersonating another person, etc.)
(2)Use of external accounts created by others to sign in to the Service without the consent of the other party.
(3)You are a minor, an adult ward, a person under curatorship, or a person under assistance, and you have not obtained the consent of a legal representative, guardian, curator, or assistant.
(4)Anti-social forces, etc. (meaning organized crime groups, organized crime group members, right-wing groups, anti-social forces, and other similar parties. The same shall apply hereinafter.). In the event that the Company determines that the person is an Anti-social forces, etc., or that the person has some kind of interaction or involvement with antisocial forces, etc., such as cooperating with or being involved in the maintenance, operation, or management of Anti-social forces, etc. through the provision of funds or other means.
(5)In the event that the Company judges that the User is a person who has violated a contract with the Company in the past or a person related to such a person.
(6)If you have been subject to any of the measures set forth in Article 9.
(7)In any other cases where the Company judges that registration is not appropriate.
Article 4 (Management of sign in Information)
1. If you do not use External Account Sign-In, you will use your password and email address to sign in to the Service. Passwords and email addresses are automatically generated based on our standards, so you do not need to enter them when you register. Passwords are encrypted and stored on the device used by the Registered User, and are not stored on our servers.
2. When using External Account Sign-In, authentication information will be obtained based on the sign-in procedures provided by each external service. The acquired authentication information can only be used to sign in to the Service. Authentication information will be encrypted and stored in the device used by the Registered User, and will not be stored in the company’s server.
3. Registered User shall not allow a third party to use their password, email address, or authentication information for External Account Sign-In to sign in to the Service, or lend, transfer, change the name of, or sell them.
4. Registered User shall be responsible for any damages caused by insufficient management of sign in information, errors in use, or use by a third party as specified in the preceding paragraph.
Article 5 (Fees and Payment Method for Premium Plan)
1. When receiving Premium Plan based on the Service, the Registered User shall pay the Company the usage fee separately determined by the Company and displayed on the Service as compensation.
2. Registered User shall pay the usage fee set forth in the preceding paragraph by the date separately designated by the Company in the method designated by the Company.
3. If a Registered User delays payment of the fee in the preceding paragraph, the Company may revoke the right to use Premium Plan without notice.
When purchasing a Premium Plan, please also read the Specified Commercial Transaction Law.
Article 6 (Prohibited Matters)
In using the Service, the Registered User shall not engage in any of the following acts, or acts that the Company deems to fall under any of the following items.
(1)Actions that violate laws and regulations or are related to criminal acts.
(2)Acts of fraud or threats against the Company, other users of the Service, or other third parties.
(3)Actions that are offensive to public order and morals.
(4)Acts that infringe on the Intellectual Property Rights, portrait rights, privacy rights, honor, or other rights or interests of the Company, other users of the Service, or other third parties.
(5)Transmitting information that falls under or is deemed by the Company to fall under the following.
– Contains excessively violent or cruel expressions.
– Contains computer viruses or other harmful computer programs.
– Includes expressions that defame the reputation or credibility of the Company, other users of the Service, or other third parties.
– Contains excessively obscene expressions.
– Includes expressions that promote discrimination.
– Includes expressions that promote suicide or self-harm.
– Includes expressions that promote the inappropriate use of drugs.
– Contains anti-social expressions.
– Seeks to spread information to third parties, such as chain mail.
– Contains expressions that may cause discomfort to others.
(6)Actions that place an excessive load on the network or system of the Service.
(7)Reverse engineering or any other analysis of the software or other systems provided by the Company
(8)Any act that may interfere with the operation of the Service
(9)Unauthorized access to the Company’s network or systems, etc.
(10)Unauthorized use of Premium Plan or other paid content through unauthorized access, app defects, or other means
(11)Act of impersonating a third party
(12)Using the sign-in information of other users of the service.
(13)Advertising, solicitation, or business activities on the Service without prior permission from the Company
(14)Collecting the information of other users of the Service without their consent
(15)Actions that cause disadvantage, damage, or discomfort to the Company, other users of the Service, or other third parties.
(16)Actions that conflict with the rules regarding the use of the Service posted by the Company on Website.
(17)Providing benefits to antisocial forces, etc.
(18)Any act that directly or indirectly causes or facilitates any of the above acts.
(19)Attempting to commit any of the aforementioned acts
(20)Any other acts that the Company deems inappropriate.
Article 7 (Suspension of the Service, etc.)
We may suspend or discontinue the provision of all or part of the Service without prior notice to Registered User in any of the following cases.
(1)In case of urgent inspection or maintenance of the computer system related to the Service.
(2)In the event that the operation of the Service becomes impossible due to computer or communication line failure, misoperation, excessive concentration of access, unauthorized access, hacking, etc.
(3)In the event that the operation of the Service becomes impossible due to force majeure such as earthquakes, lightning, fire, wind, flood, power outages, or natural disasters
(4)In any other cases where the Company deems it necessary to suspend or discontinue the Service.
Article 8 (Attribution of Rights)
1. All Intellectual Property Rights related to the Service belong to the Company or the party that has granted a license to the Company, and the granting of a license to use the Service under this Agreement does not imply a license to use the Intellectual Property Rights of the Company or the party that has granted a license to the Company related to the Service.
2. Registered User agrees not to exercise his/her moral rights against the Company or any person who has succeeded or licensed the rights from the Company.
Article 9 (Deletion of Registration, etc.)
In the event that a Registered User falls under any of the following circumstances, the Company may temporarily suspend the use of the Service by the Registered User or cancel the registration as a Registered User without notice to the registered user.
(1)In the event that the user violates any of the provisions of the Terms.
(2)When it is found that there is a false fact in the Registration Items.
(3)In the event that any of the items in Article 3, Paragraph 4 apply.
(4)In any other cases where the Company deems the use of the Service or the continuation of registration as a Registered User to be inappropriate.
Article 10 (Withdrawal)
1. Registered User are deemed to Withdrawal from the Service. by deleting their account in the app. Account deletion is available in app version 1.3.0 or later.
2. Registered User shall be deemed to have Withdrawal from the Service at the point when their sign in information is deleted (i.e., when it becomes impossible for them to sign in to the Service). When the sign in information is deleted by deleting the app from all devices in which the Registered user’s sign in information was saved (i.e. when it becomes impossible to sign in to the Service), also the user is considered to have Withdrawal from the Service.
3. In no event will we be able to assist you in restoring your user information to your device (making it possible for you to sign in again) after you Withdrawal. If you wish to prevent unintentional Withdrawal due to damage to your device, please consider using External Account Linking.
4. The handling of user information after Withdrawal from the Service shall be in accordance with the provisions of Article 14.
Article 11 (Change and Termination of the Service)
1. We may change the contents of the Service or terminate the provision of the Service at the Company’s convenience.
2. In the event that the Company terminates the provision of the Service, the Company shall notify the Registered User in advance on the Service and on the Site. However, please note that prior notification may not be possible in the event of any of the following events.
(1)If the Service is provided in the form of an app, the distribution of the app is forcibly stopped before notification is given due to the decision of the distributor (AppStore, GooglePlay, etc.).
(2)In the event that the Company loses the means to notify Registered User (loss of data, etc.)
Article 12 (Disclaimer of Warranty and Disclaimer of Liability)
1. We does not warrant, expressly or implicitly, that the Service will be fit for the particular purpose of the Registered User, that it will have the expected functions, commercial value, accuracy, or usefulness, that the use of the Service by the Registered User will comply with laws and regulations applicable to the Registered User or internal rules of industry organizations, that the Service will be continuously available, or that defects will not occur. The Company makes no warranty, express or implied, that the Service will be free of defects.
2. We shall not be liable to compensate for any damages incurred by a Registered User in relation to the Service, except in cases of intentional or gross negligence on the part of the Company.
3. The Registered User shall be responsible for resolving any transactions, communications, disputes, etc. between the Registered User and other Registered Users or third parties in relation to the Service.
Article 13 (Confidentiality)
1. Registered User and the Company shall not use any confidential information obtained from the other party in relation to the Service for any purpose other than the execution of the Terms, or disclose or leak such information to any third party, unless the Company gives prior written consent.
2. Notwithstanding the provisions of the preceding paragraph, the information specified in the following items shall not fall under the category of confidential information.
(1)Information for which the prior written consent of the disclosing party has been obtained for disclosure to a third party
(2)Information that is already publicly known at the time of disclosure
(3)Information that becomes public knowledge after disclosure through no fault of the information recipient.
(4)Information that was already in the lawful possession of the information recipient at the time of disclosure.
3. Notwithstanding the provisions of the preceding two paragraphs, the Registered User and the Company may disclose the other party’s confidential information based on an order, demand, or request that is enforceable by law, court, or government agency. However, in the event of such an order, demand, or request, the Registered User and the Company shall promptly notify the other party to that effect.
4. The provisions of this Article shall remain in effect and apply for three years after the termination of this Agreement.
Article 14 (Handling of User Information)
1. The Company’s handling of Registered User’s user information shall be in accordance with the provisions of the Privacy Policy ( https://remotedice.amagamina.jp/en/privacy-policy/ ), and Registered User shall agree to the Company’s handling of Registered User’s user information in accordance with said Privacy Policy.
2. We may, at its discretion, use and disclose the information, data, etc. provided by the Registered User to the Company as statistical information in a form that does not identify the individual, and the Registered User shall not object to this.
Article 15 (Changes to the Terms)
In the following cases, the Company may change this Agreement without agreement with the Registered User individually. In this case, the Company will notify the Registered User of the updated Terms on the Service. If you use the Service after receiving this notice, you will be deemed to have agreed to the revised Terms. However, if a typographical error or omission is corrected to the extent that it does not misrepresent the contents of the Terms, it will not be treated as a change to the Terms, and no notice will be given.
(1)When the modification of this Agreement conforms to the general interests of Registered User.
(2)The change in the Terms and Conditions is not contrary to the purpose for which the contract was made, and is reasonable in light of the necessity of the change, the reasonableness of the content after the change, the content of the change, and other circumstances related to the change.
Article 16 (Communication / Notification)
1. Inquiries about the Service and other communications or notifications from Registered User to the Company, as well as notifications about changes to the Terms and Conditions and other communications or notifications from the Company to Registered User, shall be made in a manner determined by the Company.
2. In the event that the Company contacts or notifies the email address or other contact information received in an inquiry from a Registered User, the Registered User shall be deemed to have received said contact or notification.
Article 17 (Transfer of Status under Service Usage Contract)
1. Registered User may not assign, transfer, mortgage, or otherwise dispose of their status under the User Agreement or rights or obligations under this Agreement to a third party without the prior written consent of the Company.
2. In the event that the Company transfers the business of the Service to another company, the Company may transfer the status of the User Agreement, the rights and obligations under these Terms of Use, the registered matters of the Registered User, and other customer information to the transferee of the transfer, and the Registered User agrees to such transfer in advance. The Registered User shall be deemed to have agreed to such transfer in advance in this section. The transfer of business stipulated in this section shall include not only ordinary business transfer, but also corporate separation and any other cases in which business is transferred.
Article 18 (Severability)
Even if any provision of the Terms, or any part thereof, is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of the Terms, as well as the remaining portions of any provision that is determined to be invalid or unenforceable, shall continue to be in full force and effect.
Article 19 (Governing Law and Court of Jurisdiction)
1. Terms and the Service Usage Agreement shall be governed by the laws of Japan.
2. Any and all disputes arising out of or in connection with the Terms or Service Usage Agreement shall be subject to the exclusive jurisdiction of the court having jurisdiction over the head office of the Company.