- "The Company" refers to AXEL MARK INC. and its subsidiaries, affiliates, and providers.
- "PlayDApp" refers to the "PlayDApp" blockchain game portal site operated by The Company.
- "The User" refers to an individual or incorporated entity that has completed the registration procedures for PlayDApp.
- "The Developer" refers to an individual or incorporated entity that has completed the developer registration procedures described in Article 2.
- "This Service" refers to the family of services provided to The Developer by The Company via PlayDApp.
- Application and Approval
- Management Screen and ID and Password Management
- The Company will assign the ID, password, and management screen required for use of This Service to The Developer.
- The Developer will exercise strict standards and manage the ID, password, and management screen assigned by The Company at its own liability. The Company will not be responsible in any way in the event of damages ensuing from improper management of the aforementioned, and The Developer will bear the burden of all damages.
- The Developer's Obligations
- The Developer may not take any of the following actions.
- Actions which violate the terms of This Contract
- Actions which infringe upon The Company's or a third party's legitimate ownership rights, intellectual property rights of any sort including copyrights, rights to use of likenesses, publicity rights, etc.
- Actions which use This Service outside the scope and intended purpose determined by The Company
- Actions which redistribute, sell, lend, transfer, or publicly broadcast This Service to a third party
- Actions which cause loss of profits or damages to other users, The Company, or a third party
- Actions which cause prejudice or emotional distress to others, or which damage the reputation or social standing of others
- Actions which violate public morals
- Actions which violate either Japanese or foreign laws
- Actions which seek to profit in conjunction with This Service, without The Company's authorization
- Actions which interfere with the operation of This Service
- Actions which duplicate, alter, or reverse engineer, etc. This Service in whole or in part
- Actions which degrade or damage the social standing of This Service
- Actions which provide false information
- Actions which make improper use of user registration data
- Actions which are criminal or which lead to criminal activity
- Actions which transfer standing under This Contract to a third party in whole or in part
- Any other actions deemed inappropriate by The Company
- Actions which involve posting data which falls under any of the following
- False data and images
- Data and images which violate public morals
- Data and images which pose a risk of inciting crimes, or which are otherwise antisocial or counter to public morals.
- Data and images which violate laws, regulations, and agreements, or which pose a risk of doing so
- Data and images which pose a risk of defamation, invasion of privacy, hate speech, interference with business, or other damages or harassment toward a third party
- Data and images which are sexual, or which are indecent and obscene such as through exposed skin, etc.
- The Company shall determine the applicability of the preceding prohibitions, and is not obligated to explain justifications or standards for judgment to The Developer. Furthermore, data investigated will not be disclosed.
- Ad Service
- Third Party Intellectual Property Rights
- The Developer guarantees and certifies to The Company that no third party intellectual property rights such as patent rights, utility model rights, design rights, trademark rights, copyrights, trade secrets, legal names, rights to usage of likenesses, or reputation or privacy (henceforth "IP Rights, Etc.") are infringed upon. The Developer also guarantees and certifies that it will not take actions through This Service which risk infringing upon third party IP Rights, Etc.
- In the event of a dispute regarding IP Rights, Etc. with a third party, The Company will bear no liability and The Developer will be liable for and bear the burden of resolution. Furthermore, in the event that The Company incurs damages from the aforementioned dispute, The Company may require compensation for damages from The Developer in question.
- Compensation for Damages
- Cancellation of This Contract
- In the event that The Developer violates the conditions of These Terms or in the event that any of the following apply, The Company may cancel This Contract without any form of notice or announcement.
- When the terms of This Contract have not been upheld
- When filings for bankruptcy or special liquidation proceedings are received or made
- When non-payment status is entered, or when checks or money orders are declined for lack of funds
- When subject to a provisional seizure or injunction, seizure, or foreclosure by a third party, or when subject to filings for public auction,or for non-payment of taxes or public dues
- When a major change in assets, public faith, or business causes an objective concern that the duties defined in This Contract may not be possible to fulfill
- When a falsehood is discovered in a report, or when the good-faith relationship is otherwise significantly degraded
- When illegal actions have been taken
- When The Company determines that it may not be possible to fulfill This Contract due to disaster, labor disputes, or other force majeure
- When The Company deems contact via email to be impossible for reasons such as emails to The Developer's address failing to arrive three times or more
- When it is clear that the individual utilizing a registered account is not the individual associated with the account
- The Company retains the right to require compensation for damages from The Developer in question even in the event that This Contract is canceled for reasons listed in the aforementioned clause, and will take criminal complaint procedures when damages are deemed malicious. The Developer in question will not lodge any protest toward these measures.
- The Company is not liable for compensation of any damages to The Developer even in the event that This Contract is canceled for reasons listed in Clause 1 of This Article.
- Cancellation by The Developer
- Maintenance of This Service
- Exclusion of Anti-social Groups
- The Developer guarantees each of the following to The Company.
- Neither The Developer, its executives, or equivalent persons are gangs, gang-affiliated enterprises, racketeers, or equivalent entities, nor are they members of the aforementioned (henceforth collectively "Anti-social Groups"). Furthermore, The Developer does not receive material contributions to management as an incorporated entity from Anti-social Groups, nor will any of the aforementioned items apply in the future.
- The Developer does not contribute to Anti-social Groups through the provision of funds or aid, etc., nor will it allow the use of its name for the formation and execution of This Contract.
- The Developer will not engage in the following behaviors over the effective period of This Contract, either directly or through a third party.
- Behavior which is violent, or which is threatening toward the other party in language or action
- Behavior which impedes the other party's business or damages its public faith either through deception or force
- This Contract may be canceled in full immediately without any form of notice in the event that The Developer violates the preceding clause. In such cases, The Company is not liable for compensation of any damages to The Developer.
- Maintenance of Confidentiality
- Neither The Developer nor The Company will disclose or leak any business secrets belonging to the other party or another developer and learned through This Contract to a third party, without the advance consent of the other party or other developer. However, this will not apply to information which is already public knowledge at the time, or to information for which disclosure is required based on a court order, legal order from another public authority, or financial exchange regulation.
- The Company may use or publish statistical data gathered across all developers. The Company may do so only in a state in which third parties cannot identify individual developers based on the statistical data, and in which subject anonymity has been ensured.
- The Company may use cookie data and other ID data for the distribution of targeted advertisements via Facebook, Twitter, and other media.
- Applicable Period of Terms
- The applicable period for These Terms will extend from the date of formation of This Contract between The Company and The Developer, and through the conclusion of This Contract due to cancellation, revocation, or any other cause.
- The terms of Article 6 Clause 2, Articles 7, 12, 18, 20 through 22, 24, 25, and Clause 2 of This Article shall remain effective following the conclusion of This Contract.
- Notification and Contact Between Managers
- Notifications and contact between The Developer and The Company pursuant to This Contract will use email as a general rule. The Developer must remain capable of receiving email notifications and contact sent from The Company at all times, and The Developer may not reject receipt of the aforementioned emails.
- In the event of email address changes due to changes of The Developer's contact manager or any other reason, The Developer will report the post-change email address to The Company promptly.
- The Company is not liable in any way for any damages ensuing from failures or delays in reporting duties described in the two preceding clauses.
- Suspension, Conclusion, or Alteration, Etc. of Provision of This Service
- The Company does not guarantee the operation, accuracy, reliability, completion, safety, content, performance, applicability, or any other aspect of This Service.
- This Service contains links to other services and external sites, and The Company is not liable for the aforementioned external sites or other services in any way.
- Limitations of Guarantees
- That This Service will always operate without problems or temporary suspensions.
- That This Service will always be restored or repaired to its original state in the event of defects.
- That there are no destructive components such as computer viruses present within This Service.
- That security methods to fully ensure (1) through (3) are provided
- That ads will display properly independently of This Service and the operating environment of The Developer, and that results will be apparent.
- Limitations of Liability
- Attribution of Rights and Licenses
- All IP Rights, Etc. for content, technologies, and all images (including banners and trademarks) provided to This Service by The Company or The Developer are attributed to the party providing. The party which holds the IP Rights, Etc. in question permits use of the aforementioned only within a restricted scope on This Service, and will only be used within the scope in question.
- Neither The Company nor The Developer will make any alterations or revisions to the content of IP Rights, Etc. without the advance permission of the party to which the aforementioned are attributed.
- All rights including copyrights, etc. to This Service are attributed to The Company or to a third party which has granted The Company permission for use, and The Developer confirms that permission for use of This Service per This Contract does not constitute any form of transfer of rights, etc. to The Developer.
- All rights to cookie data and other ID data are attributed to The Company and not The Developer.
- Prohibition of Transferral, Etc. of Rights and Responsibilities
- Force Majeure
- Delinquency Damages
- Reporting Duties
- In the event of changes to application content such as address, name, or representative, etc., The Developer will report to The Company promptly.
- In the event that notification or paperwork sent by The Company is delayed in arrival or not delivered due to The Developer's failure to report as per the preceding clause, its delivery shall be viewed as on time.
- Governing Law and Jurisdiction of Consent
- Japanese law is the governing law of This Contract and ancillary individual contracts, and Japanese law shall be used in its interpretation.
- Should legal proceedings become necessary regarding This Contract and relevant individual contracts, the Tokyo District Court shall have exclusive jurisdiction of the first instance by consent. Furthermore, in the event that arbitration becomes necessary, the Tokyo District Court or Tokyo Summary Court shall have exclusive jurisdiction by consent.
- These Terms is executed in both English text and Japanese text provided that the Japanese text shall govern to the interpretation and performance of These Terms.
- Even in the event that These Terms are rendered partially void by law, etc., all other provisions shall remain in force.
- Even in the event that These Terms are rendered partially void in a relationship with some developers, or in the event of cancellation, all other provisions shall remain in force over relationships with other developers.
- Alterations and Revisions to These Terms and Conditions, Etc.
- The Company may alter or revise These Terms and their respective terms and conditions at any time without the advance consent of The Developer, and The Developer will consent to the revised terms. Furthermore, newly added or altered terms will constitute a part of These Terms. In the event that The Developer continues use of This Service after alterations or revisions of These Terms and their respective conditions and service details, The Developer will be seen as having consented to the aforementioned alterations, etc.
- These Terms shall apply to all legal relationships between The Company and The Developer even after the alterations or revisions above.
- No liability is accepted in the event that The Developer incurs damages due to the alterations, etc. detailed in This Article.
The Developer applies using a registration form designated by The Company. The Company reviews application details, and a contract regarding This Service (henceforth "This Contract") which includes These Terms is formed between The Company and The Developer upon application approval. However, The Company may reject applications in the event of issues in submission of requisite information, or in the event that The Company deems it inappropriate to approve the application. In this event, The Company holds no liability for any damages incurred by The Developer.
Should The Developer wish to use the advertising program that The Company provides within This Service, it may use ad services permitted by The Company according to The Company's instructions.
In the event that The Developer causes The Company damages in association with This Service, or in the event that another developer or third party requires compensation for damages from The Company, The Developer will pay compensation for those damages (including all lost profits, loss of business opportunities, loss of data, interruptions of business, and other indirect, special, derivative, or incidental damages in addition to actual and standard losses, and also including court costs and attorney fees).
The Developer may file for cancellation of This Contract by notifying The Company in a manner prescribed by The Company. This Contract will end on the final day of the month in which the date of notification falls.
The Company may suspend This Service for any definite or indefinite period as required without prior notice when The Company conducts periodic or emergency maintenance on equipment required for provision of This Service, when the aforementioned equipment experienced malfunctions, or when The Company otherwise deems necessary. The Developer acknowledges this, and will not file any form of protest against such events. The Company will not be liable for any damages incurred by The Developer from the terms of This Article.
The Company may cancel, conclude, alter, revise, add to, or delete, etc. This Service in whole or in part without prior notice and at its own discretion.
The Company will extend the maximum effort possible to maintain This Service, its management, its usage, and the results of its usage stably, but does not guarantee the following items.
The Company is not liable to The Developer in relation to This Contract for any loss of anticipated profits, any form of incidental damages, derivative damages, or special damages incurred due to defaults on debt, illegal actions, warranties against defects, product liabilities, or other suits regardless of form. However, this shall not apply regarding defaults on debt or illegal actions when the cause of damages can be attributed to gross negligence in duties on the part of The Company.
Standing as a party to This Contract and all rights and responsibilities stemming from This Contract are attributed to the parties to This Contract, and The Developer may not transfer these to a third party, use these as security, etc. without the advance written consent of The Company.
In the event of non-performance of duties due to natural disaster, acts of governmental bodies, fire, strike, flood, epidemic, civil unrest, acts of war, or other reasons which exceed the signatory party's reasonable ability to manage, neither signatory party will be held liable for non-performance of the duties defined in This Contract, nor will the party be held liable for delayed performance.
Should The Developer fail to fulfill payment (including compensation for damages) duties arising from This Service, The Developer will pay The Company delinquency damages at a rate of 14% per year (calculated on a daily rate for a 365 day year).
AXEL MARK INC.