Terms of Use of CAPCOM Account

Section 1. Purpose

  • These Terms of Use of CAPCOM Account (hereinafter referred to as these "Terms of Use") are intended to set forth the terms and conditions under which the "CAPCOM Account" provided by Capcom Co., Ltd. (hereinafter referred to as the "Company") shall be used.

Section 2. Definitions

  • (1) "Service" means a service called "CAPCOM Account" which is provided for users to use specific information registered with the Company by such users as member information in an Individual Service (defined in the following paragraph) provided by the Company or a third party contracting with the Company for the purpose of improving the convenience in the member registration and the member information management in each Individual Service.
  • (2) "Individual Service" means an individual service such as a game service, mail order service, blog service and information service provided by the Company or a third party contracting with the Company, which are designated by the Company as the subject of the Service to be provided.
  • (3) "Individual Terms and Conditions" means specific terms of use, guidelines or various arrangements for each Individual Service, and notices from the Company or a third party contracting with the Company.
  • (4) "Service Member(s)" means an individual who has obtained the qualification to use the Service in accordance with the procedures set forth in these Terms of Use.
  • (5) "Individual Service Member(s)" means an individual who has obtained the qualification to use an Individual Service by using the Service.
  • 5
  • (6) "Member(s)" collectively refers to the Service Member(s) and the Individual Service Member(s).
  • (7) "ID" means a combination of half-width alphabetical and/or numeric characters set by the Company or a Service Member himself/herself and assigned by the Company to a Service Member for the purpose of identifying such Service Member and providing the Service.
  • (8) "Password" means a combination of half-width alphabetical and/or numeric characters, and other symbols set by the Company or a Service Member himself/herself for the purpose of member verification and protection of member information.
  • (9) "ID, etc." means the ID, nicknames and the Password set by the Company or a Service Member himself/herself, and any other symbol or number assigned to a Service Member by the Company for the use of the Service.
  • (10) "Registered Information" means any information that a Service Member provides to the Company in relation to the Service, such as e-mail addresses, full names, addresses and dates of birth, which may identify or specify a Member, and other information such as hobbies and preferences.
  • (11) "Service Information" means specific information in an Individual Service, such as ranking data, saved data, usage history and blog articles which may be generated in an Individual Service.

Section 3. Scope of Application

  • (1) These Terms of Use shall govern all the Members, and the Members shall be bound by and comply with these Terms of Use.
  • (2) An Individual Service Member shall comply with the Individual Terms and Conditions of the relevant Individual Service which he/she uses, in addition to these Terms of Use.
  • (3) In case of any contradiction or inconsistency between these Terms of Use and the Individual Terms and Conditions with regard to the same subject matter, the provisions of the Individual Terms and Conditions shall prevail.
  • (4) The Company may notify the Members of the matters concerning the Service or an Individual Service by giving a notice to the Members via e-mail or posting such matters on a website for the Service or an Individual Service which is used by the Members. Such notification shall become effective in the same manner as these Terms of Use, at the time when such notice is given or such posting is made, and the Members shall comply with such notification.

Section 4. Amendment to Terms of Use

  • (1) The Company may amend these Terms of Use in whole or in part by notifying the Members thereof via e-mail or posting the amended Terms of Use on a website for the Service or an Individual Service fourteen (14) days prior to such amendment.
  • (2) Amendment to these Terms of Use shall be deemed effective fourteen (14) days after the notification or posting set forth in the preceding paragraph (1), even if a Member fails to confirm such notification or posting.
  • (3) The Company shall not be responsible or liable for any damage that may be suffered by a Member or a third party as a result of the amendment to these Terms of Use.

Section 5. Completion of Member Registration

  • (1) Any person who wishes to use the Service shall apply for the use of the Service in accordance with the procedures designated by the Company only after giving consent to the provisions of these Terms of Use, and an agreement for the use of the Service between such person and the Company shall be deemed executed at the time when the Company accepts such application and assigns the ID, etc. to such person.
  • (2) Upon member registration, a person who will actually use the Service shall register himself/herself under his/her own name.
  • (3) If a person who wishes to use the Service is a minor, such person shall apply for the use of the Service pursuant to the provisions of the preceding paragraphs (1) and (2) only after he/she has obtained the prior consent of his/her legal representative, including parents.
  • (4) Qualification to use the Service shall be personal to a Member of the Service, and such Member shall not assign or confer such qualification to any third party.
  • (5) If the Company determines that any member registration shall be withheld due to deficiency or failure in the equipment or facilities necessary for the Service or for any other reason, the Company may withhold such member registration until such reason is removed. The Company shall not be responsible or liable for any damage that may be suffered by any person who applies for the use of the Service arising in relation to the withheld member registration.
  • (6) In principle, the Service shall be provided free of charge. However, service fees or other charges may be charged separately when using an Individual Service. The Members are required to review the Individual Terms and Conditions of the relevant Individual Service and confirm whether or not payment of service fees or other charges is required without fail.

Section 6. Rejection or Cancellation of Member Registration

  • The Company may reject any member registration for the Service and/or an Individual Service, in case any of the following events occurs, and even after member registration is accepted, the Company may cancel the acceptance of any member registration for the Service and/or an Individual Service, at its own discretion if the Company determines that any of the following events has occurred.
  • (i) Any false information is found in an application form for the use of the Service;
  • (ii) A person applying for the use of the Service has breached these Terms of Use or the Individual Terms and Conditions, and his/her Member qualification has been suspended or annulled; or
  • (iii) Acceptance of a person applying for the use of the Service as a Member is otherwise inappropriate.

Section 7. Suspension and Annulment of Qualification for Use of Service

  • If any of the following events occurs to a Member, the Company may immediately suspend or annul such Member's qualification for the use of the Service or an Individual Service in whole or in part without any prior notice.
  • (i) A Member breaches these Terms of Use or the Individual Terms and Conditions;
  • (ii) A Member is dead or loses his/her capacity;
  • (iii) A Member fails to pay service fees which are required for the use of an Individual Service, or delay in such payment by a Member has occurred repeatedly in the past;
  • (iv) Use of the ID, etc. by a third party due to inappropriate management, error or mistake in the use of the Service, assignment, transfer, or sale and purchase of such ID, etc. by a Member is found; or
  • (v) The Company otherwise determines that permitting a Member to have qualification for the use of the Service is inappropriate, or that continuous use of the Service by a Member may interfere with the provision of the Service or an Individual Service.

Section 8. Deletion of Registered Information

  • (1) If a Member wishes to deregister his/her qualification for the use of the Service (hereinafter referred to as the "Withdrawal from Membership"), he/she shall follow the procedures for the Withdrawal from Membership in a manner separately determined by the Company. Once the Withdrawal from Membership is completed, the Company shall not be responsible or liable for restoration of the status as a Service Member, the ID, etc. or any Registered Information of such Member, for any reason whatsoever.
  • (2) If a Member loses his/her status as a Service Member for any reason, including the Withdrawal from Membership set forth in the preceding paragraph (1), such Member shall also lose his/her status as an Individual Service Member simultaneously. In such case, the Company shall not be responsible or liable for restoration of the status as an Individual Service Member or any Service Information of such Member, for any reason whatsoever.

Section 9. Handling of Registered Information and Protection of Privacy

  • (1) The Company shall use the Registered Information for the following purposes, in addition to the purpose of providing the Service and an Individual Service (including management and collection of service fees if such Individual Service is provided at a cost).
  • (i) Statistical research and data analysis for understanding the trends of the use of the Service or an Individual Service by the Members;
  • (ii) Distribution of information concerning goods and services provided by the Company or a third party;
  • (iii) Delivery of free prize or premium, or other goods provided in the Service or an Individual Service;
  • (iv) Support services provided for resolution of failure in the Service or an Individual Service;
  • (v) Prevention of wrongdoing or dishonest acts; or
  • (vi) Other purposes for which the consent of the Members is obtained in advance.
  • (2) The Company shall not provide a third party with the Registered Information unless:
  • (i) the Company obtains the prior consent of the Members;
  • (ii) the Company contracts out handling of personal information to a cooperative company ("kyoryoku-gaisha"), a partner company ("teikei-gaisha") or a contractor, which has entered into a confidentiality agreement with the Company concerning personal information, to the extent necessary for achieving the purposes set forth in the preceding paragraph (1);
  • (iii) the Registered Information has been processed as statistical data from which an individual cannot be identified;
  • (iv) any judicial or administrative agency formally requires access to the Registered Information; or
  • (v) otherwise as required under laws and ordinances.
  • (3) If any change in the Registered Information of a Service Member occurs, such Service Member shall promptly change the Registered Information in a manner separately determined by the Company. The Company shall not be responsible or liable for any damage that may arise due to the failure by such Service Member to change the Registered Information.
  • (4) If a Member wishes to access or change the Registered Information, such Member may demand access to or change of the Registered Information in accordance with the procedures separately determined by the Company.
  • (5) The Company shall handle the Registered Information of the Members in accordance with laws and ordinances, and the Privacy Policy determined by the Company.

Section 10. Self-responsibility of Members

  • (1) A Member shall, at his/her own cost and on his/her own responsibility, resolve any dispute, such as complaint, inquiry or claim for damages brought by a third party, arising in relation to any act of such Member conducted in the course of use of the Service or an Individual Service.
  • (2) A Member shall, at his/her own cost and on his/her own responsibility, prepare network environment, software and internet connection environment necessary for the use of the Service and an Individual Service, and any equipment and device that is rendered necessary in connection with any of the foregoing.
  • (3) A Service Member shall be responsible for the management of his/her own ID, etc., and shall be liable for any damage caused by inappropriate management, error or mistake in the use, or use by a third party of such ID, etc., and under no circumstance the Company shall be responsible or liable for such damage. Even if the ID, etc. is used by a third party without permission, the Company shall deem that such ID, etc. is used by a Member himself/herself to the extent that the proper ID and Password is used.

Section 11. Change of Information at Discretion

  • (1) The Company may at any time review or delete as an administrator, any text or image information, or the Service Information, which is contributed, posted or disclosed by a Member to unspecified third parties through the Service or an Individual Service.
  • (2) The Company may, at its own discretion, freely edit or process any text or image information, or the Service Information, which is contributed, posted or disclosed by a Member through the Service in whole or in part, and use the same for advertisement of the Service.

Section 12. Outsourcing of Operational Services

  • The Company may contract out any service in relation to the operation of the Service in whole or in part to a third party without obtaining the consent of the Members.

Section 13. Discontinuance of Services

  • (1) The Company may discontinue the provision of the Service or an Individual Service to the Members in whole or in part at its discretion upon occurrence of any of the following events:
  • (i) Natural disasters or any other emergency;
  • (ii) Any social disturbance, strike or other labor dispute;
  • (iii) Any unforeseen accident, such as fire or blackout;
  • (iv) Maintenance, updating or other similar services provided for the Service or an Individual Service; or
  • (v) Any other situation under which the Company determines such discontinuance is necessary.
  • (2) If the Company discontinues the provision of the Service or an Individual Service in whole or in part pursuant to the provisions of the preceding paragraph (1), the Company shall notify the Members thereof via e-mail or by posting the same on a website related to the Service or an Individual Service, except where discontinuance of the provision of such services is rendered necessary due to any emergency or the Company is unable to notify the Members for any unavoidable reason.

Section 14. Termination of Services

  • (1) The Company or a third party contracting with the Company may terminate the Service or an Individual Service in whole or in part at any time by notifying the Members thereof via e-mail or by posting the same on a website related to the Service thirty (30) days prior to such termination.
  • (2) The Company or a third party contracting with the Company shall not be responsible or liable for any damage that may be suffered by a Member, arising due to the termination of the Service or an Individual Service, or failure to confirm the e-mail or posting set forth in the preceding paragraph (1) by a Member with or without cause.

Section 15. Prohibited Matters

  • A Member shall not engage in any of the following acts whenever he/she uses the Service or an Individual Service:
  • (1) An act that may infringe any copyright, portrait right, proprietary right, privacy right or any other right of the Company or a third party;
  • (2) A threatening act or an act that may cause any disadvantage or damage to the Company or a third party;
  • (3) An act of pretending to be the Company or a third party;
  • (4) An act that may damage the honor or reputation of the Company or a third party;
  • (5) Use of an expression that is regarded as sexual harassment or discrimination, or performance of an act, disclosure or transmission, which is offensive to public order and morals;
  • (6) An act of stalking or an act which is similar to stalking;
  • (7) Unauthorized access to the facilities for the provision and management of the Service or an Individual Service, or an act of unauthorized acquisition of information;
  • (8) An act that violates or may violate these Terms of Use or laws and ordinances, and regulations;
  • (9) Political activities or an act which is similar to such activities;
  • (10) Religious activities or an act which is similar to such activities;
  • (11) Act of disclosure or posting of any information for commercial advertisement, which is not authorized by the Company in advance;
  • (12) False representation of the Registered Information in the Service or an Individual Service, or unauthorized acquisition of qualification to use such services;
  • (13) An act of using any failure in the Service or an Individual Service to bring advantages to a Member himself/herself and disadvantages or damage to others, or an act of spreading information on such failure;
  • (14) Alteration, analysis, modification, adaptation, creation of derivative works, decompiling, disassembling or reverse-engineering of communication data or programs provided in the Service or an Individual Service;
  • (15) Use or provision of computer viruses and so forth, which make OS, software and the like to perform any unauthorized processing, or transmission, support, advertisement and so forth of such computer viruses;
  • (16) An act of conferring or assigning the ID, etc. to a third party, or accepting assignment of such ID, etc., at a cost or at no cost;
  • (17) An act of making use of the Service Information in the Service or an Individual Service as a subject of sale and purchase for cash or otherwise, without obtaining the prior consent of the Company;
  • (18) An act of falsely using the ID, etc. of a third party, or an act of pretending to be a third party;
  • (19) An act of disclosing personal information, whether such personal information belongs to a Member himself/herself or a third party;
  • (20) An act of engaging in any of the prohibited acts set forth in this Section 15 by using the Company or a third party;
  • (21) An act that disrupts the use of the Service or an Individual Service by a third party by performing any specific act continuously or repeatedly;
  • (22) An act of aiding or abetting any of the prohibited acts set forth in this Section 15;
  • (23) An act that constitutes a preparation for performing any of the prohibited acts set forth in this Section 15 in the opinion of the Company;
  • (24) Any act that interferes with the provision of the Service or an Individual Service in the opinion of the Company; or
  • (25) Any other act that is deemed inappropriate by the Company.

Section 16. Measures Taken against Member Engaging in Prohibited Acts

  • The Company may take any or all of the following measures in the event that a Member engages in any of the prohibited acts set forth in these Terms of Use.
  • (i) Requiring actions for improvement, including warnings;
  • (ii) Restriction on the use of the Service or an Individual Service, including suspension of the provision of such services;
  • (iii) Termination of a membership agreement, suspension of the use or deletion of the ID, and suspension or restriction of the acquisition of new ID;
  • (iv) Suspension of the use of paid services;
  • (v) Deletion of the Service Information or restriction on the use thereof; and/or
  • (vi) Deletion of any text or image information contributed, posted or disclosed by a breaching Member.

Section 17. Troubles among Members

  • The Company shall not be involved in any trouble between or among the Members. If the Company receives a notice from a Member stating that any other Member has performed any of the prohibited acts set forth in Section 15 and as a result breached the provision of Section 15, the Company shall at its discretion determine the handling of such breach.

Section 18. Intellectual Property Rights

  • (1) Any intellectual property right concerning the information provided by the Company or a third party through the Service or an Individual Service (including images, sound, texts and programs) shall belong to the Company or a legitimate right holder thereof, and the Members may not disclose or grant a license to use such information to a third party without obtaining the prior consent of the Company or such right holder.
  • (2) The Members shall use any and all information provided by the Company through the Service or an Individual Service solely for his/her private use, and shall not use the same for commercial purposes.

Section 19. Indemnities

  • (1) The Company shall not be responsible or liable for any damage that is suffered by a Member due to any delay, change or discontinuance of the provision of the Service or an Individual Service.
  • (2) The Company does not warrant the completeness, usefulness, accuracy, reliability or safety of the contents of the Service or an Individual Service.
  • (3) The Company shall not be responsible or liable for any disadvantage or damage that may be suffered by a Member arising as a result of the use of the Service or an Individual Service (including any damage or loss of any software other than the Software, OS, hardware and so forth).
  • (4) The Company shall not be responsible or liable for any provision or acceptance of information, sale and purchase, or any other act between or among the Members or between a Member and a third party in relation to the Service or an Individual Service. A Member shall resolve any dispute between or among the Members or between a Member and a third party arising as a result of such acts at his/her own cost and on his/her own responsibility, and the Company shall not be responsible or liable for resolution of such dispute.
  • (5) The Company does not warrant the compatibility of the Service or an Individual Service with any network environment or software which is used by a Member in relation to the use of the Service or an Individual Service, or any equipment or device that is rendered necessary in connection therewith. The Company shall not be obligated to make any modification, change or addition to the equipment, system or software managed by the Company, or change the manner of provision of the Service.
  • (6) The Company shall not make any refund to a Member even if any paid service is suspended as a result of performance of any of the prohibited acts by such Member.
  • (7) The Company shall not be obligated to explain the reasons or results of the measures taken against a Member who has performed any of the prohibited acts.

Section 20. Attention for Health

  • (1) A Members is advised to take appropriate breaks in his/her own judgment during the use of the Service or an Individual Service so as not to disrupt his/her real living environment by excessively using the Service or an Individual Service.
  • (2) The Company shall not be responsible or liable for any social, physical or psychological damage that may be suffered by a Member arising as a result of any inappropriate use of the Service or an Individual Service by such Member.

Section 21. Transfer of Rights and Obligations

  • The Company may transfer or cause to be transferred its rights and obligations related to the Service or an Individual Service to a third party, without obtaining the prior consent of the Members.

Section 22. Governing Law and Dispute Resolution

  • (1) These Terms of Use shall be governed by the laws of Japan, and the establishment, interpretation or performance of an agreement between the Company and a Member shall be bound by the laws of Japan under these Terms of Use.
  • (2) The Tokyo District Court or the Osaka District Court of Japan shall have exclusive jurisdiction in the first instance for any dispute arising between the Company and a Member in relation to the Service or an Individual Service, or these Terms of Use.
  • (3) Even if any part of the provisions of these Terms of Use is determined as legally invalid, the remaining provisions of these Terms of Use shall remain effective and be binding on the Company and the Members.

Section 23. Inquiries concerning Service or Individual Service

  • (1) When a Member wishes to contact the Company, such Member shall contact or make inquiries on the phone or via e-mail at the point of contact designated by the Company, and the Company shall not accept any contact made by a Member by way of directly visiting the Company as a rule. Such point of contact shall be available for inquiries from the Members only during the operation hours thereof (an e-mail received after the operation hours shall be handled during the operation hours of the following business day or thereafter).
  • (2) The Company shall not be obligated to respond or reply to an inquiry from a Member.
  • December 8, 2011