"Seventh Dragon" User Agreement
Welcome to "The Seventh Dragon (TM)". Vector, Inc.("VECTOR") operates the online game, "The Seventh Dragon" ("7th Dragon"), and its website ("Website").
YOU SHOULD CAREFULLY READ THE FOLLOWING 7TH DRAGON END-USER LICENSE AGREEMENT( the "Agreement" ). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE ANY SERVICE 7TH DRAGON PROVIDE (the "Service" ). YOU WILL NOT BE ELIGIBLE FOR A REFUND.
1. Legal Agreement
The Agreement constitutes a legal agreement between you and VECTOR. The Agreement may be amended from time to time in VECTOR's sole discretion without specific notice to you. It is your responsibility to review the Agreement from time to time and if you find any of it unacceptable, you must leave the site and discontinue the use of 7th Dragon. Your continued use of the Website after a change or update has been made to the Agreement will constitute your acceptance of such change or update. Your using the Website or otherwise accessing 7th Dradon, shall constitute your agreement to be bound by the terms and conditions appearing in the Agreement, and your agreement to comply with any Rules of Conduct posted on the Website or otherwise provided to you by VECTOR (the "Rules of Conduct"), as they may be amended from time to time. In this Agreement, the terms "We/us/our" mean Vector, Inc. "You/your" means you as a user of the Website.
You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by the Website under the Japanese laws or other applicable jurisdiction. You understand that the services being offered may include certain communications from VECTOR, such as service announcements, administrative messages or other information and you may not have the right to opt out of receiving them.
Your use of the Website is subject at all times to the Agreement, the Rules of Conduct. All user identities created on the Website are governed by the Agreement. This includes, but is not limited to, proper in-game and out-of-game conduct relating to 7th Dragon. The Agreement is in addition to, and does not in any way replace or supplant, or any additional terms and conditions that may apply when you use other VECTOR products, services, affiliate services, third-party content or third-party software.
2. Changes to the Agreement
VECTOR may amend the Agreement and the Rules of Conduct at any time in our sole discretion. Amendments and modifications will be effective immediately on the Website or otherwise providing you a copy thereof, and you waive any right you may have to receive specific notice of such changes or modifications. You agree to and are responsible for checking the Agreement and the Rules of Conduct periodically so you will be familiar with their contents as they may be amended or modified from time to time. By continuing to use the Website, you are signifying your acceptance of any revised or updated terms. If you do not agree to the amended terms, you must stop using the Website.
3. Description of Service
VECTOR provides free-to-play, multi-player online game, 7th Dragon to registered users and related features, functions and services available through the Website. You agree that VECTOR is not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. VECTOR does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.
4. Proprietary Rights
VECTOR or its licensor is the owner of the Website and 7th Dragon, which are protected by the Japanese law including copyright laws. All rights in the Website, all features and content thereof (including without limitation any user accounts, titles, computer code, files, game software, tools, patches, updates, themes, objects, characters, character names, stories, storylines, objects, content, text, dialogue, catch phrases, themes, locations, concepts, artwork, designs, graphics, pictures, video, animation, sounds, music, musical, compositions, sound recordings, audio-visual effects, information, data, documentation, "applets", transcripts, character profile information, game play, and recordings ) and the selection and arrangement thereof (collectively the "Proprietary Materials") are the proprietary property of VECTOR or its licensors and are protected by international copyright and other proprietary rights laws. In the event that you make any modifications, adaptations or derivative works of any kind to the Proprietary Materials (the "Modifications"), whether authorized or unauthorized, you understand and agree that you shall retain no rights of any kind in and to such Modifications and that all rights therein shall belong solely to VECTOR. You hereby assign and transfer to VECTOR, without any compensation, any and all rights you may have in and to such Modifications.
5-1. Account and its deactivation
You may be required to create an account (an "Account") to access and play 7th Dragon. You must be 13 years of age or older to create an Account. If you are 13 or over, but are under the age of 18, we require that you review the Agreement with your parents or guardian to ensure they read and agree to them. By creating an Account, you represent that you are at least age 18 and agree to the Agreement, or that you are over 13 years of age and your parents or legal guardian have read and agreed to the Agreement, and you understand and agree that we are relying upon that representation in allowing you to access the Website. Only one person may use an Account.
When creating an Account, you agree to (i) provide true, accurate, current and complete information as requested in the required fields (the "Account Information") and (ii) promptly maintain and update your Account Information to keep it true, accurate, current and complete.
You, as creator of your Account are solely responsible for your Account Information. VECTOR will not tolerate offensive or obscene Accounts. If an Account Information violates any part of the Agreement, we may immediately, temporarily, or permanently ban such an Account, with or without notice.
VECTOR is not responsible for any misuse of your Account. You agree to accept all risks of unauthorized access to your Account and to hold VECTOR and its affiliates harmless from and against any improper use of your Account.
You are responsible for maintaining the confidentiality and security of your Account, and you agree to notify us if your Account is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are solely responsible for all activities and transactions that occur under your Account, and VECTOR is not responsible for any unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security in relation to the Website.
PLEASE NOTE THAT, DEACTIVATION OF AN ACCOUNT MAY BE EXECUTED IN THE CASE OF FOLLOWING CONDITIONS;
- (Castle means a castle appearing in game of 7th Dragon)
- 1) more than 3 days of no access and your Castle's population is equal or less than 5
- 2) more than 7 days of no access and your Castle's population is equal or less than 10
- 3) more than 14 days of no access and your Castle's population is equal or less than 50
- 4) more than 21 days of no access and your Castle's population is equal or less than 100
- 5) more than 28 days of no access and your Castle's population is equal or less than 250
- 6) more than 35 days of no access and your Castle's population is equal or less than 500
- 7) more than 42 days of no access and your Castle's population is equal or less than 1000
If you are in any of the above conditions, your Account may be deactivated by the Website administrator at their sole discretion. Please note that regardless of any notice, VECTOR reserves the right to discontinue the service of 7th Dragon or to terminate or suspend your account at any time in its sole discretion for any reason, or for no reason.
5-2.Multiple Accounts
Each user may only have one account on a server at a time. Anyone who has more than one account on a single server, even if the other accounts are inactive, will be regarded having multiple accounts.
Multiple accounts for a single user are forbidden because they confer unfair advantages when that user uses their secondary accounts to support the main account.
Accounts found to be in violation of this rule will be penalized or banned without warning.
6. Privacy
Please review our Privacy Policy, for information regarding the collection, use and distribution of personal information collected through this Website, which is published on the Website, currently at http://www.vector.co.jp/ir/en/privacypolicy.html
7. License
Subject to the Agreement, VECTOR grants to you, for your noncommercial and personal use only, a limited, non-exclusive, revocable, nontransferable and nonsublicensable license to access and use the Website and the Proprietary Materials.
Except as expressly permitted in the Agreement, such license does not include, and you agree not to engage in, any: (a) resale, sublicense, lending or commercial use of the Website or the Proprietary Materials therein;(b) distribution, public performance or public display of any Proprietary Materials except in connection with game play in the ordinary course, (d) modifying, adapting, altering, enhancing, or otherwise making any derivative uses of 7th Dragon, game content or other Proprietary Materials, or any portion thereof ; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) any use of the Website or the Proprietary Materials other than for its intended purpose. Any use of the Website or the Proprietary Materials other than as specifically authorized herein, without the prior written permission of VECTOR is strictly prohibited and will, at VECTOR's option, terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring any license to or rights in intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time with or without cause.
8. User Content
The Website may include discussion forums, user feedback, messaging features, comments and other interactive areas or services ("Interactive Areas") in which you or other users create, post, send or store any content, messages, materials, data, information, text, graphics, code or other items or materials on or through the Website (the "User Content"). User Content posted to the Website is publicly available and not confidential and will become the sole property of VECTOR. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
- (a) User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- (b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local or international law,
- (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content
- (d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- (e) Unsolicited promotions, political campaigning, advertising or solicitations;
- (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- (g) Viruses, corrupted data or other harmful, disruptive or destructive files; and
VECTOR takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is VECTOR liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, VECTOR is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page. Although VECTOR has no obligation to screen, edit or monitor any of the User Content posted in any interactive area, VECTOR reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense. Any use of the interactive areas or other portions of the Website in violation of the foregoing violates the Agreement and may result in, among other things, termination or suspension of your Account.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Website; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate the Agreement or the Rules of Conduct and will not violate any rights of or cause injury to any person or entity. You shall be solely liable for all royalties, fees, damages and any other monies resulting from any infringement of such right or any other harm resulting from any User Content you provide
9. User Conduct
You must observe the Agreement, all Rules of Conduct, all applicable laws and all basic rules of etiquette and common courtesy when using the Website. Any conduct that violates the law in an offline, real world community is also a violation of these terms. VECTOR will not tolerate any illegal or offensive conduct.
Without limiting the foregoing, in addition to the User Content rules set forth in Section 8 above, you agree not to take any of the following actions:
- (a) Harm minors in any way;
- (b) Impersonate any person or entity, including any VECTOR officials, forum leaders, guides, hosts, employees or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- (c) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmitted through the Website;
- (d) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
- (e) Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- (f) "Stalk," threaten or otherwise harass or cause discomfort to another;
- (g) Collect, store, post or otherwise disseminate any personal data about other users;
- (h) Impede or disrupt the normal flow of game play or dialogue in the game or in interactive areas on the Website or use vulgar language, abusiveness, use of excessive shouting (ALL CAPS) "spamming" or any other disruptive or detrimental methods in an attempt to disturb other users or VECTOR employees;
- (i) Engage in, encourage, or promote any illegal activity, or any activity that violates the Agreement or the Rules of Conduct;
- (j) Engage in any actions that defraud or attempt to defraud, scam or cheat others out of any items that have been earned through authorized game play;
- (k) Cheat or utilize unauthorized exploits in connection with 7th Dragon;
- (l) Using or exploiting any bugs, errors, or design flaws to obtain unauthorized access to gain an unfair advantage over other players,
- (m) Trade, sell, auction or otherwise transfer any virtual items or goods of any nature outside the game; and/or
- (n) Take any action that disrupts the service of the Website or that negatively affects or may prohibit other users from enjoying the Website, 7th Dragon.
VECTOR may take any actions and impose any penalties we deem necessary to discourage and punish any violation of these terms or any other illegal or inappropriate conduct, all without prior notice or warning. The determination as to whether a violation has occurred and who is responsible for such act is solely within VECTOR's discretion, and is based on what we deem best for the community and the Website. By using the Website, you agree you will be bound by VECTOR's determination as to whether a violation has occurred and any penalty we choose to implement.
10. Fee/Diamond
VECTOR may allow the purchase of in game "Diamond" that may be applied to the purchase of in game items or activities. ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NON REFUNDABLE AND NONTRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. THE "DIAMOND" HAS NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. YOU UNDERSTAND THAT THE AMOUNT OF THE FEE INCLUDES $1.99 TRANSACTION FEE. VECTOR may, from time to time, modify, amend, or supplement its fees, billing methods and terms applicable to Diamond or to any purchases on the Website. Such modifications shall be effective immediately upon posting on the Website. If any change is unacceptable to you, you may cancel your account at any time.
PLEASE NOTE THAT YOUR PURCHASED DIAMONDS WILL BE VANISHED IN THE LAST DAY OF THE 5TH FOLLOWING MONTH.
Ex) Diamonds purchase in April 2010 - Expiration Date: The last day of September 2010
11. Interruption of services
- (a) VECTOR reserves the right to interrupt the services through the Website from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that VECTOR will not be liable for any interruption of the service, delay or failure to perform resulting from any causes whatsoever.
- (b) You acknowledge that the service may be interrupted for reasons beyond the control of VECTOR, and VECTOR cannot guarantee that you will be able to access the Website or your Account whenever you may wish to do so. VECTOR shall not be liable for any interruption of the services, delay or failure to perform resulting from any causes whatsoever.
- (c) VECTOR has the right at any time with or without reason to change and/or eliminate any aspect(s) of 7th Dragon as it sees fit in its sole discretion.
- (d) VECTOR is not be obligated to refund all or any portion of any Account fee (if any), by reason of any interruption of the services by reason of any of the circumstances described in paragraph (a) or (b).
12. Disciplinary Action/ Account Termination
VECTOR MAY SUSPEND, TERMINATE, MODIFY, BLOCK ACCESS TO OR DELETE THE SERVICE OR ANY ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE.
VECTOR may at its option issue warnings and temporary suspensions and permanent terminations of Accounts for user violations. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under the absolute discretion of VECTOR. Not withstanding the foregoing, VECTOR always retains the right to terminate or suspend your account at any time for any reason, or for no reason, with or without any warnings and with or without notice.
For the avoidance of doubt, you herby acknowledge that VECTOR has sole discretion with respect to termination of your Account, even if there are any credits or in game "Diamond" remaining on your Account. If you feel you or your Account has been unfairly warned or disciplined please contact us with a full detailed explanation.
You have the right to terminate or cancel your Account at any time by accessing through the Website. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of the Agreement or VECTOR's enforcement or application of the Agreement; (ii) the User Contents; (iii) your ability to access and/or use the Website; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
In the event your Account is terminated or canceled for any reason, or for no reason, no refund will be granted, no in game "Diamond" will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account.
13. Indeminification
You agree to defend, indemnify and hold harmless VECTOR, its independent contractors, service providers and consultants, and their respective directors, employees, agents, partners, affiliates, and subsidiaries, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Website, your conduct, your violations of the Agreement, any misuse of the service through the Website, or your violation of the rights of any third party.
14. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- (a) 7th Dragon, THE WEBSITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VECTOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, THE GAME AND THE WEBSITE, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. VECTOR DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, THE GAMES, THE WEBSITE OR THE MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE. VECTOR ALSO DOES NOT REPRESENT OR WARRANT THAT THE GAMES, THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- (b) VECTOR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- (c) WHILE VECTOR ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, VECTOR CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
15. Limitation of Liability
IN NO EVENT SHALL VECTOR, ITS DIRECTORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, THE GAMES OR ANY OF THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM VECTOR, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO VECTOR'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VECTOR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, THE WEBSITE OR ANY OF THE GAMES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO VECTOR FOR ACCESS TO OR USE THEREOF.
16. General
The Agreement is governed by and shall be construed and enforced under the Japanese laws, without applying any conflicts of law principles which would require application of the law of any other jurisdiction. VECTOR and you each hereby irrevocably consent to the jurisdiction of the court of Tokyo District for all purposes in connection with any action or proceeding which arises out of or relates to this Agreement and agree that any action or proceeding instituted under the Agreement shall be brought only in the court of Tokyo District, Japan. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise permitted herein, you may not assign or transfer the Agreement or your rights hereunder, and any attempt to the contrary is void. If any provision of the Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions. The section headings used herein are for reference only and shall not be read to have any legal effect.