XFLAG ID Terms of Use

These Terms of Use are an English translation provided only for reference purposes. The original Japanese version of the XFLAG ID Terms of Use "XFLAG ID利用規約" is the only official and complete text approved by MIXI, Inc. and thus this English translation shall not be legally binding as the "XFLAG ID Terms of Use" and shall not affect, or be referenced in, the interpretation of the same. Please note that MIXI, Inc. does not guarantee, and is not responsible or liable for, the content of these Terms of Use

Established on March 16, 2017

Article 1: Introduction

XFLAG ID ("Service") is a common account service provided by MIXI, Inc. ("Company"). You should agree to these XFLAG ID Terms of Use ("TOU") prior to using the Service. Any user of the Service ("User") shall agree to all the terms and conditions of these TOU.
The Company may modify the TOU by giving notice about the details and time of the relevant modification, which may be posted on the Service, individually sent by e-mail or otherwise announced in an appropriate manner. Unless otherwise provided by the Company, any modified version of the TOU shall take effect when the User uses the Service for the first time after the modified TOU are posted on the Service.
The conditions to use the Service are provided in the TOU and other terms and the like. Such other terms and the like, however named, shall be part of the TOU.
In the event of any discrepancy between the TOU and any other terms or the like, the TOU shall prevail unless otherwise provided by the Company.

Article 2: Account Registration

In order to use the Service, the User shall agree to the terms and conditions of the TOU and register an account in a manner as prescribed by the Company. Registration to use the Service may be accomplished through authentication working with other services provided by the Company or third parties. Registration for or use of the Service may be affected by the usage of such other services but the Company shall not be responsible or liable for any situation arising from such other services unless it is caused for a reason attributable to the Company. However, the same shall not apply to the case where such other services are provided by the Company.
All minor Users shall use the Service with the consent of their persons in parental authority.
The Company may refuse to permit a User to use the Service if:

(1) His/her account was not registered pursuant to Paragraph 1 of this article;

(2) He/she was punished in any way due to breach of the TOU.

(3) He/she was punished in any way in another service provided by the Company; or

(4) The Company deems him/her to be otherwise unfit.

Article 3: Account Management

Users shall seek to prevent unauthorized use of the information required for account registration (here and hereinafter including, but not limited to, their e-mail addresses, passwords and information on other services working with the Service) and shall be solely responsible for the management thereof.
Users warrant that the information set forth in the preceding paragraph is true and theirs and can be used. In the event of any change to such information, Users shall promptly change such information in a manner as prescribed by the Company.
Users may not transfer or lend their accounts to third parties under any circumstances.
Each User shall have a single account. Multiple Users may not share a single account.
Users shall, if necessary, back up their information registered in the Service.

Article 4： Preparation of Usage Environment

Users shall, at their own responsibility and cost, properly prepare any necessary equipment, software, and means of communication for using the Service.
Users shall take security measures to prevent computer virus infection, unauthorized access, and information leakage according to their own usage environment.
The Company shall not be involved in or responsible or liable for, the User's usage environment.

Article 5: Details of Service

Users shall register any necessary information for their account registration ("Registered Information").
Registered Information may be used as reference information or for authentication of the Service provided by the Company, any other services (including, but not limited to, applications), or functions complementing other services (e.g., data backup function for a game or the like).
In association with the Registered Information of a User, the Company may grasp how he/she uses all the services supporting the XFLAG ID.

Article 6: Modification to Service, etc.

The Company may, at any time and for any reason, make an addition or change, suspend or terminate the Service for its own convenience.

Article 7: Service Charge

The Service shall be free of charge in principle.
If the Company intends to charge Users for the use of the Service, the Company shall so notify Users in advance to obtain their consent.

Article 8: Handling of Personal Information

The Company shall properly handle personal information in accordance with its "Privacy Policy."

Article 9: Account Deletion

If a User wishes to delete his/her account, he/she shall delete it in a manner as prescribed by the Company.
The Company may, at its own discretion, refuse to permit a User to use the Service by forcibly deleting his/her account if:

(1) The Company finds that his/her account was not registered pursuant to Paragraph 1 of Article 2;

(2) He/she breaches the TOU;

(3) He/she was punished in any way in another service provided by the Company; or

(4) The Company deems him/her to be otherwise unfit.
Once account deletion is carried out, the information on the User will be deleted and no longer recoverable in any event.

Article 10: Prohibited Matters

When using the Service, the User shall not commit any act that:

(1) Does or may infringe on the copyrights, trademark rights or other intellectual property rights of the Company or third parties;

(2) Does or may infringe on the property, privacy, or image rights of the Company or third parties;

(3) Unjustly discriminates, libels, or slanders the Company or third parties, or promotes unjust discrimination against, defames or discredits, the Company or third parties;

(4) Uses a false identity, pretends to have a right of representation or proxy, or acts as if he/she has a partnership or cooperative relationship with another person or entity;

(5) Results in the sharing of a single account by multiple Users;

(6) Illegally rewrites or erases information stored in the equipment of the Company;

(7) Sends or posts viruses or other harmful computer programs or the like;

(8) Does or may place burden on the servers of the Company or third parties or cause trouble to the operation or network system of the Service;

(9) Creates a link for the purpose of encouraging, abetting, or soliciting others to conduct an act with the knowledge that the act falls under any of those listed in the preceding subparagraphs;

(10) Is deemed by the Company as an actual or potential violation of laws, an offense against public order and morals, or an infringement of a right of the Company of a third party; or

(11) Is otherwise deemed by the Company to be inappropriate such as causing trouble to other Users.

Article 11: Advertising, etc.

The Company may display advertisements on the Service.
The Company may directly announce new services, distribute advertisements, communicate administrative matters for service operation or provide other information to Users by e-mail or any other means, provided, however, that the Company shall not provide such information to Users who have notified the Company of their wish not to receive such information before or after the provision thereof unless the information is necessary for the provision of the Service.

Article 12: Assignment of Rights

Unless otherwise provided in the TOU, no User may transfer or assign to a third party, or otherwise dispose of, any of his/her rights and obligations hereunder.
If the Company assigns its business related to the Service to a third party, the Company may, in connection with such assignment, assign to such assignee its status, rights, and obligations hereunder, as well as any information about Users, etc., and Users shall agree to such assignment of business in advance. Such assignment of business shall include company splits and other business transfers in addition to the regular assignment of business.

Article 13: Exclusion of Liability

The Company shall not be responsible or liable for any damage incurred by a User as a result of an addition or change to, or discontinuation or termination of, the Service unless such damage is caused for a reason attributable to the Company.
The Company shall not be responsible or liable for any damage arising from reduced display speed, failure, or the like due to too much traffic or any other unexpected cause.
The Company shall not have the obligation to supervise or store the Service.
The Company disclaims all warranties of performance of the Service, its fitness for use, its accuracy or reliability in connection with results of its use, and will not accept liability for defect warranty of any kind unless the defect is caused for a reason attributable to the Company.
The Company may inspect, store, or disclose to third parties the content of the Service if:

(1) It is necessary for figuring out and solving the cause of a technical failure in the Service;

(2) The Company receives an official request under law from a court, the police, or any other public agency;

(3) The Company finds it necessary to check the content of Registered Information and others as a result of an act that breaches or may breach the TOU;

(4) The Company finds an urgent need because the life, body, or property of a person is exposed to imminent danger; or

(5) It is otherwise necessary in order to properly operate the Service;
Provided, however, that the Company shall not be responsible or liable for any damage caused thereby unless such damage is caused for a reason attributable to the Company.
If the Company finds that there are sufficient grounds to believe that a User has breached, or conducted an act that may breach, the TOU, the Company may, at its own discretion, take necessary measures such as restricting his/her use of the Service or forcibly deleting his/her account without giving prior notice, provided, however, that the Company shall not be responsible or liable for any damage resulting from such measures unless such damage is caused for a reason attributable to the Company. Users shall not raise objections over the measures taken by the Company pursuant to this paragraph.
If a User suffers damage in the Service for a reason attributable to the Company, the Company shall compensate him/her for such damage by paying the higher of: (i) the fee for one month paid by him/her to the Company for the Service, or (ii) one hundred yen (\100), unless such damage is caused by a willful act or gross negligence on the part of the Company.
Notwithstanding the terms and conditions of the TOU, in no event shall the Company be responsible or liable in connection with the Service for any damage arising from:

(1) Events not attributable to the Company;

(2) Exceptional circumstances whether or not anticipated by the Company; or

(3) Actions essential for providing the Service such as the maintenance of servers.

Article 14: Governing Law and Court of Jurisdiction

The TOU shall be governed by the laws of Japan.
Any questions or disputes with Users in connection with the Service or the TOU shall be settled through good-faith negotiation. The parties agree that the Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction for the first instance over any dispute that remains unsettled after such good-faith negotiation.

Article 15: Other

If part of the TOU is held to be invalid under the law, the remaining part hereof shall remain valid.
If part hereof is held to be invalid or revoked for a User, the TOU shall remain valid for other Users.