“DMM Kariyushi Aquarium App” Service Terms and Conditions

1. 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 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.

2. 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.

3. 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.

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.

1. If a User becomes aware of information regarding any defects (including defects, etc. of software) or impropriety, etc. relating to this Service, such User shall promptly notify DMM RESORTS.

2. Users shall bear all expenses that are necessary to use this Service, such as communication fees for accessing this Service.

1. Content provided on this Service may use the near field communication function (“NFC”) of User’s Device.

2. DMM RESORTS will not be liable in anyway for information errors, etc. that arising due to the NFC itself.

1. Users may purchase paid content on this Service. The price of, and other terms and conditions for, paid content shall be described in help pages, guidance pages, or the like relating to this Service. DMM RESORTS may, at its discretion, change the aforementioned terms and conditions.

2. A period of validity may be set for paid content. Please refer to help pages, guidance pages, or the like relating to this Service regarding periods of validity.

3. DMM RESORTS will not accept any cancellation or provide reimbursement in cash after the purchase of paid content.

4. A User’s consent to a third-party payment service company’s terms and conditions regarding settlement and other similar terms and conditions constitute a prerequisite for the purchase of paid content, and the User shall comply with those terms and conditions.

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. in the future.

Information to be provided

- User IDs that are assigned randomly when launching the app pertaining to this Service for the first time, classification of Users’ operating systems (Android or iOS), and language settings.

- Usage history of this Service.

1. DMM RESORTS may modify the details of this Service without giving prior notice to Users.

2. 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. is conducted;
• (2) if it is impossible to operate this Service due to events that are not attributable to DMM RESORTS, such as earthquake, flood, tsunami, blackout, war, dispute, disturbance, riot, civil commotion, or labor dispute; or
• (3) if DMM RESORTS otherwise determines it necessary.

3. DMM RESORTS will not be liable whatsoever for damage sustained by a User caused by modification of content, interruption, or suspension of this Service due to the provisions of this Article or any other reasons.

1. DMM RESORTS may terminate this Service by giving Users a notice of termination of this Service that specifies a reasonable period of time.

2. At the time this Service terminates, Users will lose all rights and eligibilities relating to this Service (including the rights and eligibilities pertaining to paid content) that Users are entitled to under these Terms and Conditions.

1. In using this Service, Users shall not engage in any of the following acts:

Unjust purpose use, etc.

(1) registering for or using this 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. relating to access or systems

(1) trying to access this Service by an improper method, such as through a special program;

(2) deliberately exploiting defects or the like of this Service, or spreading information about such defects, etc. to third parties without good reason;

(3) altering, reverse engineering, or analyzing programs, etc. related to this Service, or creating, circulating, using, etc. utilities relating to this Service;

(4) attempting to infect this Service with harmful programs, etc. such as computer viruses;

(5) placing stress on the servers or other systems, etc. of DMM RESORTS; or

(6) engaging in any other acts equivalent to any of the preceding items.

Rights infringement, etc.

(1) collecting or engaging in acts with the purpose of collecting personal information or other confidential information of third parties irrespective of the means or places;

(2) engaging in any acts that infringe or are likely to infringe intellectual property rights or other legal rights of DMM RESORTS or third parties, or portrait rights, privacy rights, or publicity rights of third parties;

(3) engaging in acts that constitute slander or insult to, or damage to the reputation or credit of, DMM RESORTS or third parties;

(4) harassing third parties; or

(5) engaging in any other acts equivalent to any of the preceding items.

Anti-social acts, etc.

(1) engaging in any acts that violate laws;

(2) engaging in any acts that are contrary to public order and good morals;

(3) engaging in any criminal acts, or preliminary announcing or encouraging crime; or

(4) engaging in other acts equivalent to any of the preceding items.

Other nuisances, etc.

(1) interrupting operation of this Service or causing nuisance to other Users using this Service;

(2) making public or posting the content of inquiries to DMM RESORTS, or the content of answers to such inquiries; or

(3) engaging in any other act that DMM RESORTS determines as inappropriate.

2. If a User breaches these Terms and Conditions and causes damage to DMM RESORTS or third parties, such User shall be liable to compensate for the damage (damage shall include attorney’s fees.).

3. If DMM RESORTS determines that any of the following applies or is likely to apply to User, DMM RESORTS may suspend the usage of this Service, or remove or modify this Service, without giving any prior notice or demand for cure:

4. 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. about such dispositions.

1. DMM RESORTS will not be liable in any way for any damage incurred by a User or third parties as a result of the User’s information being used by third parties.

2. 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.

3. DMM RESORTS does not make any guarantee that any indications on this Service are complete and accurate.

4. 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.

5. DMM RESORTS does not guarantee absence or presence of errors or bugs, etc. on the Service, or that there will be no invasion of computer virus, or otherwise safe provision of this Service.

6. If any defects or damage are caused to User’s environment or device, etc. due to using this Service, DMM RESORTS will not indemnify or compensate for such defects or damage.

7. The availability of this Service may depend on the connectivity environment in which the User uses the Service or the environment in which the User uses the Device, and it is not the case that this Service will be available in every such environment. Accordingly, DMM RESORTS does not make any guarantee that this Service can be used in every environment.

8. 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.

9. 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.

10. 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.

11. 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.

These Terms and Conditions fall under standard terms of contract set out in Article 548(2) of the Civil Code. DMM RESORTS may amend these Terms and Conditions in accordance with the provisions of Article 548(4) of the Civil Code if DMM RESORTS determines it necessary to do so. DMM RESORTS will notify Users to the effect that it is making amendments to these Terms and Conditions, details of the amended Terms and Conditions, and the effective date of those amendments by posting notices on this Service or in any other appropriate manner before that effective date arrives.

These Terms and Conditions shall be governed by the laws of Japan.

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.