PLAYISM User Agreement
Article 1 (Regarding the applicable scope of and changes to the User Agreement)
- The PLAYISM User Agreement (“the agreement” below) shall be the sole agreement applied between the company operating PLAYISM (“the service” below) known as Active Gaming Media Inc. (“AGM” below) and the user, to which the user agrees to comply in the event that the user uses the service.
- The agreement may be altered by AGM without prior notice. Should the agreement be altered, the user agrees that the version of the agreement following alteration shall be applicable should the service be used following the alteration, and in that case agrees to comply with the altered agreement.
- AGM may set forth other rules in accordance with its various services, such as precautions for use or instructions which precede services, in addition to the agreement (altogether ‘other rules’ below), however regardless of their name these other rules will be considered a part of the agreement.
- Should the agreement and the other rules differ in their content or contradict each other in any way, the other rules shall take precedent in application.
Article 2 Definitions
- A ‘member’ is defined as an individual that has registered for membership via the prescribed enrollment method. Immediately upon AGM’s approval of membership enrollment, the member shall agree and consent to the terms of the agreement.
- A ‘user’ is defined as all individuals that utilize the service provided by AGM, including members.
- ‘Member information’ is defined as information provided by a member during membership enrollment or during use of the service, to AGM.
- A ‘password’ is defined as a combination of letters and numerals, either set at the discretion of a member or set by AGM, used for differentiating members and for the purpose of users accessing the service.
- A ‘nickname’ is defined as an identifying name which a member chooses themselves, and which is generally disclosed on the service.
- ‘Digital contents’ are defined as information distributed or published in digital format on a computing device, and includes interactive entertainment, games, software, text, data, images, videos and music.
- A ‘product’ is defined as digital content available for purchase or download.
Article 3 Precautions for Use
- Users, with respect for information registered in the event of using the service (‘registered information’ below, which includes email addresses and passwords), shall be responsible for registering and managing these themselves.
- Members are, with regards to all conduct carried out under their own nickname on the service and the consequences of said conduct, wholly and solely responsible for said conduct and consequences regardless of whether or not they themselves carried out said conduct.
- Members who are contacted by another party (either domestically or internationally, regardless of their being a member, and the same shall apply below) with inquiries or complaints, are wholly and solely responsible for the costs and handling of said inquiries or complaints.
- Members shall be responsible for the management of their own registration information, and AGM shall not be liable for any prejudice or damage suffered by the member as a result of registration information being inaccurate or false.
- Members shall use this service in compliance with the terms for age and other usage conditions which are established by AGM.
- The telecommunication charges involved in the usage of the service shall be the responsibility of each member.
- E-mails related to operational announcements, advertisements, or features of this service may be sent to the address recorded in the registration information.
- Copyrights concerning the contents (designs, articles, photos, diagrams, illustrations, data, software, site structure, etc.) of this service belong to AGM or their creator(s). Unauthorized use (including the reproduction, transmission, broadcasting, publication, distribution, posting, transferring, lending, translation, adaptation, licensing, and reusing either a whole or a part of this service), reprinting, modification, alteration, and commercial use of these copyrights is not permitted.
- Some purchases and demos may not operate depending on the hardware environment of the PC. Be sure to make purchases or download demos only after checking the necessary system requirements on the "Digital Contents Product Page". If there is a free demo or benchmark available please check compatibility with your PC using those as well.
Article 4 Usage Instructions
- "The service" is provided for the sale and circulation of digital contents for the PC through its Japanese and English sites. However, note that the substance of the digital contents handled by the Japanese and English sites may differ in part due to the intention of the providers.
- The main contents of the site's top page are the "Top Banner" and "Game Browser". See sections 3, 4 and 5 below for their respective descriptions.
- Search for digital contents and news related to the various digital contents from the Top Page.
- Commercial versions of digital content available for purchase are introduced in the "Game Browser". If there are digital contents that the user likes, they may view its videos, images, PR text from the creator, how to play text, and creator profiles by entering the game's respective Product Page. From there users can download and try free demo versions (exclusions apply) if they register as a member. If there are products the user would like to purchase, they may be purchased according to the methods in Article 10. Click the download button on the account's download page to download the digital contents after payment has been confirmed.
- Downloads and re-downloads are possible from the downloads section of the "My Account" tab.
- If any of the PC digital contents downloaded from the site do not work properly due to bugs on the PC or in the downloaded file itself, then AGM will provide support when possible by distributing "re-downloads" or "repair patches". "Re-downloads" can be downloaded at any time through the Downloads section of the "My Account" tab. "Repair patches" will be distributed any time that repair is confirmed to be necessary by the developer of the digital contents. If you are unable to resolve the problem with a "re-download" or if there are no "repair patches" currently available, use the contact form to send the details to the AGM staff. There is no limit on the number of "re-downloads" available.
- Links can be published and shared using the "Social Networking Service (SNS)" buttons for Facebook, Twitter, and Google+ on the Top Page of the site and on each separate product page for the Digital Contents.
- If you need to contact us for any reason please check the "Contact" page at the top of each page on the site. It will have the various contact emails used by the PLAYISM team which you can use to reach us. A representative from AGM will reply to your message as quickly as possible.
Article 5 Registration Instructions
You must be a registered member to download demos and purchase PC digital contents. You can reach the registration form by clicking the "Sign up" button from the "Login/Register" tab. From there input your information into the required fields (Nickname, Password, Gender, and Birthdate) along with any optional fields. It is also possible to sign up quickly for an account by registering with an account from one of the supported SNS services. PLAYISM will occasionally send news and site PR e-mails to members who are signed up for our newsletter.
Article 6 Disapproval of Enrollment
- AGM may not approve of a member registration if it is found as a result of an investigation that any of the following is relevant to the person applying for membership:
(1) The person applying for membership does not actually exist.
(2) The person applying is currently banned due to violations of the usage agreement at the time of applying for membership, or membership has been deleted in the past due to violations of the usage agreement.
(3) There were fictitious entries, erroneous entries, or entry omissions in the form fields at the time of applying for membership.
(4) The person is a minor, a person under curatorship, or a guardian of an adult, and has not received consent from their legal representative or curator at the time of applying for membership.
(5) When there are technical or other difficulties in AGM's affairs.
(6) When AGM otherwise judges the member registration to be inappropriate.
- Unless AGM has otherwise decided to not approve a member registration according to the preceding conditions, any usage fees or other liabilities that occur through said person's usage of the service shall be their sole responsibility.
Article 7 Membership Cancellation
- Click here to send a message to the PLAYISM team if you would like to cancel your membership. After receiving this mail we will take care of the process and remove the account from the PLAYISM service. Furthermore, please note that AGM will absolutely not refund any debts for already acknowledged usage fees and other liabilities.
- In cases of cancellation according to these terms, any outstanding fees or other liabilities that are present at the time of cancellation shall be handled based on the conditions put forth in Article 10.
- AGM shall not have an obligation to continually retain all data related to member information, or any other personal data for members that have cancelled their membership.
Article 8 Prohibitions
If AGM judges that a member falls under any of the following clauses through their use of the service, AGM may then, regardless of said member's intention or error, delete part of said membership, suspend usage of the service, or revoke the membership without prior notice.
AGM will take measures in accordance with this user agreement even if AGM is unable to confirm the member's circumstances by e-mail.
Furthermore, note that AGM will absolutely not accept inquiries or grievances regarding the deletion, suspension, or revocation of membership.
- The member may not use the service for business activities, commercial aims, or with the goals of preparing for said activities (hereafter referred to as "business activities"). However, in the case that AGM provides special consent, the member shall be able to perform business activities within the range set forth by AGM.
- Acts that infringe on the intellectual property rights such as copyright and trademarks of AGM or other persons, or acts which may cause such an infringement.
- Acts that infringe on another person, their privacy or their likeness rights, or acts which may lead to such an infringement.
- Acts that discriminate or slander another person, or acts which injure another person's honor or confidence.
- Acts related to crimes such as fraud, or acts that may lead to such crimes.
- Registering information that includes details that may lead to falsehoods or misunderstandings.
- Re-registering for the service after having been suspended due to violations.
- Sharing accounts or allowing multiple users to use your personal account. Also, any user who registers themselves for multiple accounts.
- Acts of transmitting or displaying images, documents, etc. which are deemed to include indecent content such as but not limited to violent images, adult content, child pornography, or child abuse.
- Acts of altering or deleting data that makes it impossible for another user to access the service.
- Acts of disguising oneself as another person in order to use the service.
- Acts of advertising, announcing, or soliciting exchange transactions for money or other economic benefits, or exchange transactions for the rights to use a portion of the service.
- Acts of transmitting or making it possible for other people to receive harmful computer programs.
- Acts of transmitting advertisements, propaganda, solicitations and the like through electronic mail without permission, or transmitting electronic mail that bears feelings of disgust or may cause such feelings (harassment e-mail). Acts which disturb the e-mail reception of other users. Acts of requesting the forwarding of chain mail, and acts of forwarding chain mail in response to said requests.
- Acts of causing obstructions to the access, usage, or management of another user's equipment or the PLAYISM service's equipment (which shall include transmission equipment, computers, and other machinery and software prepared for AGM's provision of the service) (including acts which may lead to said obstructions).
- Acts of violating laws, violating this user agreement, or crimes against public order and morals (prostitution, violence, brutality, etc.) other than those mentioned above, acts of obstructing the service's management, acts of injuring AGM's confidence or infringing on AGM's property, or acts of causing prejudice to other people or AGM.
- All other acts judged to be inappropriate based upon rational reasoning by AGM.
Article 9 Disclaimers and Member Responsibilities
The member shall use the service with the understanding that they are bound by the following disclaimers and member responsibilities to AGM.
- AGM shall make the contents of the service available at the time of use. AGM does not bear any responsibility for the integrity, accuracy, applicability, or usefulness of the data provided by AGM or registered by other people.
- AGM does not bear any responsibility for the loss or alteration of data by a third party which the member has stored in the service's equipment, or of data the member has consented to be stored by other people.
- AGM shall absolutely not bear any obligation for restitution, or any other responsibilities, for any loss a member suffers through usage of the service (including losses that lead to problems between a member and a third party). Any other third party related to the service will also not be held responsible for any disputes or troubles that arise through usage of the site.
- AGM may temporarily suspend the service without giving prior notice to the member.
- AGM shall absolutely not bear responsibility for damages incurred by the member or another person that are caused by delays or suspension of the provision of the service that occur due to the previous paragraph or any other reasons.
- AGM may ban the usage of a nickname granted to the member or ban the usage of the service without said member's acceptance for any of the following reasons.
AGM does not bear responsibility even if loss occurs from the member's inability to use the service due to AGM's taking of the following measures:
(1) When unable to make contact through telephone, fax, or electronic mail.
(2) When postal items addressed to the member are returned to AGM.
(3) When AGM deems a situation to be highly urgent other than the reasons mentioned above.
- The member only has usage rights in the scope established within the service, and does not acquire rights such as property or intellectual property rights for games, even if they are purchased.
- AGM may cancel the provision of the whole or a part of the service upon providing prior notice online. In addition, AGM shall be exempt from any claims for restitution from the member or other people involved with the stoppage of the service by going through the formalities of online prior notification.
- In the case of a dispute between members, the members related to the dispute shall come to a resolution at their own responsibility and expense, and in the case of losses incurred by AGM, another member, or a third party not registered through the site, the member shall pay compensation for this.
- In the case of a dispute between members and third parties not registered on the site, the members related to the dispute shall come to a resolution of their own responsibility and expense, and in the case of losses incurred by AGM, another member, or a third party other than members, the member shall pay compensation for this.
- The member shall pay all expenses borne by AGM, such as reparations and the like, when claims, compensation demands, or other expenses occur for AGM from a third party due to an infringement of a third party's rights by said member.
- The member shall revise the facts of their registration if changes arise, by following AGM's specified revision process without delay, and AGM shall absolutely not bear any responsibility for damages incurred by the member due to not following said process.
Article 10 Usage Fees
It is possible to pay for the purchase of digital contents by clicking the "Add to Cart" button on the details page for each digital content, then proceeding from your cart page to the payment page, and then by inputting the required information into the payment form.
- The usage fees and method of calculation for the service shall be determined separately by AGM.
- PayPal may be used as the payment method.
- When disputes occur concerning the charges and other liabilities between the member and concerned credit companies, or proxy payment services, they shall be resolved by said related parties, and AGM shall absolutely not bear responsibility.
- Transfer fees and other expenses required for payment shall all be borne by the member.
Article 11 Personal Information
- AGM shall not disclose or offer personal information to third parties, and shall not use it for purposes other than the provision of service. However, this limit does not apply in the following situations:
(1) When sending electronic mail as advertising for AGM or AGM's business partners to the member.
(2) When sending electronic mail to request consent regarding the usage of personal information from the member.
(3) When the member's consent is received for any other reason.
- The member shall bear responsibility for his or her own personal information when publicizing use of the service, and AGM shall not bear any responsibility and shall absolutely not bear any obligation for restitution.
- AGM may gather and analyze attributes of the member's personal information, create processing materials (hereafter referred to as "statistical material") so that individuals cannot be identified and specified, and use and process said data for the sake of executing actions for the development and so forth of new services. In addition, AGM may provide statistical material to its business partners.
Article 12 Agreed Exclusive Jurisdiction
The validity, interpretation, and fulfillment of this user agreement shall be based on Japanese law, and shall be interpreted according to the same law. In addition, if a lawsuit between the member and AGM arises, the first hearing between the member and AGM shall be agreed to be the exclusive jurisdiction of the Osaka District Court.
This user agreement has been effective since May 11, 2011.
*Modified July 11th, 2012.