Terms of Mobage Membership

The Terms of Mobage Membership were originally prepared in the Japanese language. Any translation in any other language shall be for reference only, and if there is any discrepancy between such translation and the Japanese original, the Japanese original shall take precedence. Any translation in a language other than Japanese shall not bind Mobage Members or the Operating company.

Article 1: Eligibility of Mobage Members

  1. Mobage Members refer to those who have given their consent to the Terms, who have applied for admission to use the services (the "Services") provided on the Mobage portal site operated by DeNA Co., Ltd. (the "Company") using the internet, and who have been admitted by the Company.
  2. Mobage Members shall use the Services in accordance with the Terms.
  3. If additional terms have been set out for each service within the scope of the Services (Additional Terms), Mobage Members shall use the Services based on the Terms and the Additional Terms. Further, if there are discrepancies in the content set out in the Terms and the Additional Terms, the content set out in the Additional Terms shall take precedence.
  4. Mobage Members may not lease, transfer, trade or pawn, or allow third parties to use their membership eligibility for Mobage.

Article 2: Amendment to the Members Agreement for Mobage

  • The Company may make changes in the Terms and the Additional Terms if the changes to these terms do not violate the purpose of the contract based on these terms and are reasonable in light of the necessity of the changes, the substantiality of the contents after the changes, and other circumstances related to the changes in accordance with Article 548-4 of the Civil Code. In the event that the Terms and the Additional Terms are changed, all other fees and other matters relating to This Service shall be governed by the changed Terms.

Article 3: Admission

  1. Persons who would like to become Mobage Members shall apply for membership to the Company after consenting to the Terms and in accordance with the procedures specified by the Company.
  2. Persons who do not have an email address issued by a cellular phone operator specified by the Company or do not have a cellular phone handset specified by the Company may not become Mobage Members unless they have obtained special approval from the Company.
  3. Persons living outside Japan may not be admitted.

Article 4: Cellular Phones

  1. Mobage Members shall assume responsible for managing the cellular phone handset or SIM card for that cellular phone handset ("cellular phone") used for Mobage Member registration or the modification of registration, as well as the passwords assigned to them by the Company.
  2. During the period they qualify as Mobage Members, the user may not lease, transfer, trade or pawn, or allow third parties to use their cellular phone and password.
  3. Mobage Members shall assume responsible for any damage caused by inappropriate management, errors in use, third party use of the cellular phone or password, or other factors, and the Company shall not assume responsible in any way.
  4. If the password has become known to a third party, and if there is risk of the cellular phone handset being used by a third party, Mobage Members shall immediately let the Company know it, and comply with any instructions from the Company.

Article 5: Mobage Members Stated Information

  1. The Mobage Members Stated Information shall refer to all information provided by Mobage Members when using the Services, as well as all information exchanged between Mobage Members via email or other means. The Mobage Member who provides the information shall have full responsibility for the Mobage Members Stated Information. Mobage Members shall not provide any of the following information.
    1. Information that is false
    2. Information that is defamatory
    3. Information that contains obscene expressions or nude images
    4. Information that infringes the patent right, model utility right, design right, trademark right, copyright, portrait right or any other right
    5. Information that contains computer viruses
    6. Information soliciting actual contact with opposite sex and communication focusing on sex
    7. Information responding to a request for actual contact with opposite sex and communication focusing on sex
    8. Information that mediates information of a prurient nature related to actual contact with opposite sex and communication focusing on sex
    9. Information that is offensive to public order and morals
    10. Information that violates laws and regulations
    11. Links to and URL of websites other than those approved by the Company
    12. Any other inappropriate information
  2. In the event that the Mobage Members Stated Information breaches the Terms or the information is inappropriate for any other reason, the Company may delete the Mobage Members Stated Information.
  3. The Company may freely duplicate, or by any means use or allow use by a third person all descriptive information of Mobage Members including descriptive information Mobage Members have provided in diaries, bulletin boards or message boards on websites operated by the Company.

Article 6: Personal Information

  1. Persons who would like to become Mobage Members must register with the Company the information specified by the Company.
  2. The Mobage Member's history of using the Services will be published on the website together with the nickname provided by the Mobage Member for a period specified by the Company.
  3. The Company may use the personal information about Mobage Members for the following purposes.
    1. To provide games, auctions, shopping malls, content and other information provision services and system usage services
    2. To sell the products etc. of the Company and of third parties (including travel products, insurance and other financial products. The same applies below), to solicit sales and to provide forwarding and services
    3. To advertise and promote (including sending direct mail and sending emails.) the products etc. of the Company and of third parties
    4. To bill and calculate charges
    5. To provide identity and authentication services
    6. To provide after-sales service, to respond to inquiries and complaints
    7. To undertake surveys
    8. To offer rewards and run campaigns
    9. To provide affiliate and point services
    10. To survey, compile statistics and analyze marketing data
    11. To provide settlement services and distribution services
    12. To develop new services and new functions
    13. To maintain systems and respond to malfunctions
    14. To publish the Mobage Members Stated Information
  4. The Company may provide the personal information about Mobage Members to third parties in the following situations.
    1. When the consent of the Mobage Member has been obtained
    2. When the courts, the public prosecutor, the police, the tax office, the bar association or other organizations with similar authority demand disclosure
    3. When disclosing information to financial institutions, credit card companies, collection agencies or other businesses handling settlements or acting as agents in order to clear fees and other monies payable to the Company by Mobage Members
    4. When the Company entrusts all or a part of its business to a third party
    5. When disclosing information to persons who have responsibility for maintaining confidentiality for the Company
    6. When necessary to exercise the rights of the Company
    7. When disclosing information to entities acquiring the business at the time of a merger, business transfer or acquisitions of the business for other reasons
    8. When allowed by the Act on the Protection of Personal Information (JAPAN) or other laws
  5. If Mobage Member (i) makes the registry as Mobage Member on and after 27 October 2011, or starts to use the Services with the smartphone (mobile device with "iOS" (as updated), an operating system software provided by Apple Inc., or "Android" (as updated), an operating system software provided by Google Inc., or any other operating system software separately designated by the Company); and (ii) can be identified as a user of NTT DOCOMO, Inc. ("DOCOMO") by a certain method designated by the Company, the Company may provide DOCOMO with Mobage Member Stated Information (including email address and other authentication ID numbers), Mobage user ID, nickname, blood type, birthday, area, occupation, hobby and any other information stated or registered, of the above-mentioned Mobage Member. Mobage Member shall consent in advance to such agreement. Information provided to DOCOMO shall be handled by DOCOMO at their responsibility pursuant to "Privacy Policy regarding Personal Information of our Customers" of DOCOMO, and the Company shall not be held responsible in any way for such handling. (Please refer to "Privacy Policy regarding Personal Information of our Customers" of DOCOMO)
  6. The Company may forward to the Mobage Members emails and other promotional material for purposes of advertising and promoting a third party. Mobage Members shall consent in advance to such agreement.
  7. Mobage Members shall not carry out acts that breach the Personal Information Protection law.

Article 7: Breaches of the Terms of Mobage Membership

  1. If any of the following apply to a Mobage Member, the Company may deny the use of the Services for a period of time specified by the Company, or revoke the Membership eligibility of the Mobage Member. In such a case, the Company will, however, not return any fees received.
    1. When deception or fraud in the information registered at the time of application for member registration, or in amendments to information after admission as a Mobage Member, and when there are duplicate member registrations
    2. When more than one year has passed with no use of the Services
    3. When other Mobage Members have been subject to unreasonable inconvenience
    4. When a Mobage Member is presently in inappropriate relationship with antisocial forces or there is a possibility of such a relationship
    5. When in breach of the Terms or the Additional Terms
    6. When a Mobage Member or the circumstance of such Mobage Member's use is in appropriate for any other reason.
  2. A Mobage Member who has had their Membership eligibility revoked by the Company may not be readmitted.

Article 8: Conditions of Service Delivery

  1. For reasons of maintenance, etc., the Company may suspend or amend the Services without notifying Mobage Members.
  2. Any equipment or means of communication etc. necessary to receive the Services shall be installed at the expense and responsibility of the Mobage Member.
  3. The Company does not guarantee that the Services are free of interruption, suspension or any other disorder.

Article 9: Moba Gold

  1. Moba Gold refers to the points for using content specified by the Company within the scope of the Services.
  2. Mobage Members may use Moba Gold and obtain the right to use contents within the scope specified by the Company in accordance with the methods specified by the Company. Moba Gold may only be used within the scope of the Services.
  3. Mobage Members may not lease, transfer, trade or pawn, or allow other Mobage Members or third parties to use Moba Gold.
  4. The validity period for Moba Gold is one year from the last date on which Moba Gold was used or obtained. Unused Moba Gold shall expire after the validity period.
  5. Notwithstanding the preceding paragraphs, if a Mobage Member forfeits eligibility to use Mobage due to withdrawal of Membership etc., any unused Moba Gold shall also expire at the time.

Article 10: Fees

  1. When a Mobage Member uses paid contents designated by the Company, the Mobage Member shall pay usage fees in accordance with the amount, manner and due date for payment designated by the Company. Further, whatever the circumstances, the Company will not return any usage fees already paid.
  2. In the event a Mobage Member does not pay usage fees by the date specified by the Company, the member shall pay to the Company late payment charges of 14.6 per cent annually as of the day following the deadline for payment.

Article 11: Conditions of Content Licenses

  1. Mobage Members may use the contents of the Service by connecting to the facilities designated by the Company via telecommunications circuits, and within the scope stipulated by the Company.
  2. The Company possesses all rights concerning all contents provided by the Company within the scope of the Services. The Company is not granting any license to Mobage Members for implementation or use of the patent rights, model utility rights, design rights, trademark rights, copyrights, know-how or other intellectual property rights owned by the Company.
  3. Mobage Members may not by any means duplicate, transmit, transfer, lease, translate, adapt or otherwise use the contents of the Services.
  4. Mobage Members may not grant a license for the reuse of the contents of the Services.
  5. The content license for the Service shall be nonexclusive.
  6. The period of validity for content usage rights will be specified for each content, and be announced in accordance with the methods specified by the Company within the scope of the Services.
  7. Regardless of the preceding paragraphs, if a Mobage Member forfeits membership eligibility by withdrawal etc., the right to use the contents of the Services shall also lapse.
  8. The company may at any time amend the period of validity for content usage rights.

Article 12: Responsibilities of the Company

  1. The company shall not be held responsible in any way concerning the completeness, accuracy, security, usefulness, etc., of the content of the Services, or the information. obtained by Mobage Members through the Services.
  2. Mobage Members shall use the Services at their responsibility, and the Company shall not be held responsible in any way for any matter related to Mobage Members with respect to the Services.
  3. Mobage Members shall use the Services within the scope of the law. Even if Mobage Members contravene the laws of Japan or foreign countries in connection with the use of the Services, the Company shall not be held responsible therefore in any way.
  4. In the event that the responsibility of the Company is not stipulated in the Terms, and when Mobage Members have incurred damages for causes attributable to the Company, the Company shall pay compensation up to a ceiling of 10,000 yen. Notwithstanding the foregoing, in the event that the Company or its representatives or those employed or subcontracted by the Company cause damages to Mobage Members due to willful or gross negligence, the Company shall pay compensation for the damages without limitation to the amount of liability set forth herein.
  5. The company shall have no obligation to intervene in any disputes that arise between Mobage Members or with any other third party concerning the Services. The parties concerned shall resolve any such disputes by themselves through negotiation, litigation, etc.

Article 13: Amending the Registry

  1. Mobage Members shall promptly report any changes to the registry by means of the processes specified by the Company. In the absence of such notification, the Company may treat the registry as unchanged.
  2. In the event that a Mobage Member does not notify the Company of changes to the registered email address, the member may be unable to use the Services.

Article 14: Notification from the Company

  1. Any notification from the Company shall be sent to the email address registered with the Company and shall be deemed delivered at the time it should normally have arrived.

Article 15: Cease of the Service

  1. The Company may cease providing the Services at any time, for any reason.

Article 16: Withdrawal

  1. Mobage Members may withdraw their membership by means of the procedures established by the Company.
  2. Even if a Mobage Member withdraws membership, the Company shall not return the fees received.

Article 17: Governing Laws

  1. The Services and the Terms shall be governed by the law of Japan.

Article 18: Court of Jurisdiction

  1. In the event of litigation relating to the Services between the Company and Mobage Members, Tokyo District Court shall have exclusive jurisdiction as a court of first instance with respect such litigation.

Article 19: Language

  1. The Terms are originally prepared in the Japanese language, which language shall control, and any translation in any other language shall be for reference only and shall not bind Mobage Member or the Company.