Users shall use The Chess's services in accordance with these Terms of Use. Only after confirming and agreeing on the Terms of Use of The Chess, Users may use the service. These Terms of Use are in Japanese as the original text, and the English translation is made solely for the purposes of reference, and only the Japanese original shall have effect as a contract and the English translation version shall have no effect. (The Services)
The Services
The Chess (hereinafter referred to as "the Services") is a general term for all content and information, including the services operated by UNBALANCE Corporation (hereinafter referred to as "the Company"), which provides chess games and tools.
The Services are available free of charge except for some services and content.
User
The term "User" of the Services means the person who uses the Services in the manner defined by the Company.
Terms of Use of the Services
The Company shall be able to send various emails, etc., including important notices to Users' registered addresses, etc., as the notification of the operation of the Service or as a part of the function.
The Company may place advertisements from third parties on all pages related to the Service, as well as on various emails sent to Users.
The Company will review the content posted by the User on the Services, and if there is a conflict or the risk of a conflict of the conduct as set forth in these Terms of Use, it will delete the post and notify the police, etc. if necessary.
The Company may share and link information, comments, content, points, etc. between the Service and other sites on mobile phones, PCs or smartphones other than the Service operated by the Company.
The Company may modify or delete any information provided for the Services without a prior notice.
All the rights to use of the Services by Users, for any reason, will expire when an account is deleted. Note that if a User deletes an account by mistake, the account cannot be recovered.
The right to use the Service, including the account, shall belong to the User exclusively and may not be transferred to, lent or inherited by a third party.
Users shall agree to the following when changing models of mobile communication terminals:
- These Terms of Use apply to the use of the Service even after the model has been changed.
- In order to use the Service after the model change, the User must download the application necessary for the Service to the new mobile communication terminal by himself/herself, and the communication fee required for the download will be borne by the User in any case.
- Playing records, etc. on the mobile communication terminal before the model change may not be transferred.
- Even if a new mobile communication terminal does not support the Service, the charges for using the paid service will continue to be incurred unless the termination of the Service is completed.
A User shall, at his/her own responsibility, properly manage passwords and User IDs related to the Services, and shall comply with the following:
- A User shall not disclose or allow the usage of his/her password or User ID to a third party, or lend, transfer, change the name of, sell or purchase his/her password or User ID.
- The password shall not be easily guessed by a third party.
If a registered password or User ID is used for the Service, the Company assumes that the registered User has used it. The results of such use and any liability arising therefrom shall belong to the person who registered the use, and the Company shall not be liable in any way.
A User shall indemnify the Company and third parties for any damage caused to the Company or such third parties by unauthorized use of User's passwords and User IDs.
The Company may change the terms of use of the Services at the Company's discretion without a prior notice.
Handling of Personal Information
The Company shall properly handle Users' personal information in accordance with the privacy policy described separately, and Users shall agree to that.
The Company takes the maximum security precautions to keep the information collected from Users secure.
The Company may collect, use, store, transmit, and publish statistical data (Including User scores, rankings, etc.) relating to the Services, and Users shall agree to that.
Prohibited Act
A User shall not perform any of the following activities, and if a User did so, the Company may discontinue the use of the Service in whole or in part with respect to the User without a prior notice. The Company shall determine whether there has been any violation.
The act that interferes with the operation of the Services or the systems
Unauthorized alteration, tampering, or deletion of content, etc.
The act of transmitting or writing harmful computer programs etc.
The act that defames the honor or credit of the Company or a third party
The act that is contrary to public order and morality
Criminal act or act that leads to or would lead to a criminal act
The act of impersonating another User
The act of infringing on the intellectual property rights, such as copyrights, trademark rights and patent rights, and privacy rights of the Company or third parties
The act of defamation, intimidation, harassment of other Users, or other acts that cause economic or psychological damage or disadvantage
Aggressive criticism that identifies other Users' User ID, nickname, name, etc.
The act that would lead to the discrimination based on ethnicity, race, sex, age, etc.
Posting images (illustration), videos, etc. containing violent expressions, and other expressions that are considered obscene
Posting links to adult websites, child prostitution/pornography, downloads of unedited videos, etc.
The act of soliciting or inducing an encounter, etc. for the purpose of sexual intercourse or obscene acts
Commercial activities or profit-making activities such as sales of goods
Posting or sending a message with the following content on the Service
- Commercial advertising and promotional information
- Information that includes affiliate links
- Solicitation through pyramid schemes, chain mail, multi-level marketing, pay to surf, etc.
- Induction to adult sites (including the act of linking)
- The act of sending indiscriminate messages or leaving a footprint
- The act of posting or sending a message of the same or similar composition
- The act of posting multiple irrelevant words on the place where Users can leave comments in the Service
- Posting of an extremely long sentence or a large number of words
- Posting or sending a message of the same URL on the place where Users can leave comments in the Service
- Other actions that the Company considers spam
The act of pretending to be someone other than yourself, identifying yourself as an organization such as a company without having a representation right or proxy, or pretending to be affiliated or cooperating with another person or organization
The act of collecting and accumulating personal information of other Users
The act of unauthorized copying, duplicating, uploading, posting, transmission, distribution, etc., of the descriptions related to the part of the Services
The act of having more than one account per User
The act of using one account with several people
Any other conduct that violates any provision of these Terms of Use or is considered inappropriate by the Company.
Penal Provisions on Prohibited Matters
The Company may suspend the use of the Services, in part or in whole, without prior notice, if the Company determines that the use of the Services violates or is likely to violate any of these Terms of Use. The Company shall not be liable for any damages suffered by the User as a result of such action.
The Company may, at the Company's discretion, delete any and all data held by the Company relating to such Users for whom actions have been taken pursuant to the preceding paragraph. The Company shall not be liable for any damages suffered by the Users as a result of such removal.
The Company may refuse to use all or part of the Services, including any subsequent use registration, for any User that the Company has determined in the past to be in violation of or likely to be in violation of any of these Terms of Use.
When a User obtained a premium, product, or other such item through any misuse of the Services by deviating from the operational purpose, the Company may cancel the User's right to receive such item.
Disclaimer
The Company shall not be liable for any damages incurred by Users or other third parties as a result of the use of the Services, and shall not be liable to compensate for any damages whatsoever.
The Company makes no warranty of any kind with respect to the information (content, advertisements, and other information provided by third parties) provided in the Services.
If a trouble occurs between Users in the Service, it will be resolved between the parties, and the Company will assume no responsibility whatsoever including for the resolution, except for the cases where it is judged to be a malicious act.
The Company makes no warranty of any kind with respect to the legality, morality, copyright permission, or accuracy of the content of the website linked to in the Service.
The Company makes no warranty of any kind that the Service is free from defects in fact or in law (including the defects, errors, bugs, and infringement related to safety, reliability, accuracy, integrity, effectiveness, fitness for a particular purpose, security, etc.). In addition, the Company is not obligated to provide the Service to the User removing such defect.
The Company shall not be liable for any damages suffered by a User due to the default or tort caused by the negligence (excluding gross negligence) of the Company arising from special circumstances. (This includes the case where the Company or the User foresaw or could foresee the occurrence of damage.) In addition, the compensation for the damages suffered by the User due to the default or tort caused by the negligence (excluding gross negligence) of the Company shall be limited to the amount of the service fee received from the User in the month in which such damages occurred.
Temporary Discontinuance, Modification or Termination of the Services
The Company may temporarily discontinue the provision of the Services without a prior notice to Users in the following instances:
- When system maintenance and updates are conducted for the provision of the Services on a regular or emergency basis
- When it is difficult to provide the Service due to fire, power failure, natural disaster, or other force majeure
- When the services of Type I telecommunications carriers are not available
- Any other cases where the Company determines that it is difficult to provide the service
The Company may, at the Company's own discretion, add, change or discontinue part of or terminate the provision of all of, the content of the Service without a prior notice. However, if the Company ceases to provide the entire Service, the Users etc. will be notified in advance in a manner designated by the Company.
Paid Services
The Services provide paid services under the following conditions.
Application
The use of the Services may be applied through the procedures prescribed by the Company (the method introduced in the site).
Users may choose a payment method from the following options. Please note that the payment method is subject to change due to the Company's circumstances.
- iPhone/iPad In-App Purchase
- Android In-App Purchase (Google Play Purchase)
Service fee
The Services are available free of charge except for some services and content. For paid services, a User shall pay service fee separately determined by the Company in a manner determined by the Company.
Cancellation of application
After a User applied for the paid service, the User cannot cancel the application or receive the refund regardless of the reasons.
Withdrawing from membership (cancellation)
A User shall process the cancellation of the monthly paid services following the procedure prescribed by each payment company by himself/herself.
Refund
If a User withdrew from the monthly paid services, the Company will not refund the charges that a User have already paid, including the case where the Service is temporarily suspended during the usage period due to a communication line failure, server failure, etc.
Suspension of the use of the Services
When a User failed to pay service fee, the Company may suspend the use of the paid services without a prior notice to user.
Intellectual Property Rights, etc.
Information obtained by a User through this Service is intended to be enjoyed by the User individually. All rights to the text (diaries, topics, comments, predictions, the content of an email magazine distributed by the Company, etc.), images, programs and other data that constitute the Service (property rights, intellectual property rights, portrait rights, publicity rights, etc.) (hereinafter referred to as the "Service Content") belong to the Company or the third party that holds such rights, unless the User himself/herself created the Service Content. Therefore, the Service Content may not be copied, publicly transmitted, distributed (upload, post, reprint and publish online), or modified (including translations and adaptations) (hereinafter referred to as the "Public Disclosure, etc.") without the Company's prior written consent. In addition, when a User requests a third party to disclose information, etc., the User is deemed to have disclosed the information.
Users shall grant the Company a worldwide, non-exclusive, free of charge, sub-licensable and transferable license to use, reproduce, distribute, create derivative works of, display and implement all information that Users posted, uploaded or saved related to the Service (including but not limited to text information and image information. Hereinafter referred to as the "Users' Posted Information"). Users shall also provide other Users with a non-exclusive license to use, copy, distribute, create derivative works of, display, and execute the Users' Posted Information using the Services. Users shall agree that the Company may store and accumulate the Users’ Posted Information, and use it in any manner for the purposes of smooth operation, improvement, advertisement of the Company or the Service, etc. Users shall also agree that Users will not exercise the moral rights with respect to the Company's use of Users' Posted Information.
Even if a User withdrew from or discontinued the use of the Service, this provision shall remain in force, and the User shall not be allowed to edit or delete the content posted before the withdrawal or discontinuation, nor to request editing or deletion.
If a User violated this provision, the Company may suspend the User's use of the Service Content, and claim an amount equivalent to the profit obtained from such violation.
If a problem such as a violation of the rights of a third party occurs with respect to the Users' Posted Information, the User shall resolve the problem at his/her own expense and responsibility, and shall not cause the Company any inconvenience or damage.
Compensation
A User is liable for any costs or damages paid by the Company (including attorneys' fees paid by the Company) in the event the Company incurs any costs or damages in connection with claims, etc., arising out of the User's conduct in the Services.
Changes to these Terms of Use
The Company may change, add, or delete these Terms of Use without a prior notice if the Company deems it necessary. Any changes, additions, or deletions of these Terms of Use shall be displayed on the Services. By using the Services, Users are deemed to agree to these Terms of Use displayed.
Governing Law and Agreed Jurisdiction
The governing law of these Terms of Use shall be the Japanese law. In addition, the Tokyo District Court or the Tokyo Summary Court shall be the exclusive jurisdictional court of the first instance for all disputes arising out of or related to the Terms of Use or the Services.