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Terms of Use - Nihon Sumo Kyokai Official App Grand Sumo

This Terms of Use prescribes customers' use of "Nihon Sumo Kyokai Official App Grand Sumo" (hereinafter, the "App") provided and operated by Dwango Co.,Ltd. (hereinafter, the "Company") in alliance with Nihon Sumo Kyokai. An agreement between the Company and the customer in relation to the provision of the App (hereinafter, the "User Agreement") will be established upon the customer agreeing with the content of this Terms of Use and applying to use the App in accordance with the prescribed procedures.
However, customers exceeding their payment service credit limit or who will exceed their credit limit by using the App will not be able to apply to use the App.

In addition, persons under the age of 13 are not able to use the App. Customers considered minors in their country of residence are asked to use the App after first having a person with parental authority read and agree to this Terms of Use. Minors having used the App will be regarded as being aged 13 or above and having obtained the consent of a person with parental authority (this paragraph hereinafter, the “Children’s Protection Rule”).
Note that communication lines and communications charges are required to use the App.

 

1 (Scope of this Terms of Use)

This Terms of Use will apply to the customer and the Company in relation to all aspects of the App. In addition, the links under "Help" and within this Terms of Use, and the other notes prescribed on each screen, etc. are also considered parts of this Terms of Use.

2 (Changes to the Terms of Use and the App)

  1. The Company shall be able to change this Terms of Use at its sole discretion. Whenchanges are made, such changes shall be informed to the customer by change notice displayed on the App. And the customer shall also be considered as having agreed to the changed Terms of Use by using the App still after such changes.
  2. The Company shall be able to revise, make additions to, change, or abolish features and specifications of the App without prior notice. When the Company implement changes to features and specifications of the paid content, the Company basically notify such implementation to the customer in the App in advance. In addition, the User Agreement between the Company and the customer shall remain in effect even if the customer has updated or re-installed the App along with such changes, etc. to features and specifications.

3 (Payment Method)

The App contains both free content and paid content. To use paid content, the customer will pay the amount displayed on the App's registration content confirmation screen as a monthly information fee. Customers able to access paid content will be referred to as "Tanimachi" (hereinafter, "Premium Members") in the App.

  1. The customer may pay the monthly information fee via "App Store"
    • (1) The customer shall complete procedures to pay for the paid content in compliance with the "App Store" user agreement and rules, etc. (hereinafter collectively referred to as the "Payment Agreement"). As the Company has absolutely no involvement with the customer's use of the "App Store" Payment Agreement, any questions, etc. concerning the payment procedure shall be resolved between the customer and the "App Store" (Apple Inc. or another "App Store" payment agency).
    • (2) The use of paid content will be effective for one month from the date the customer completes payment procedures through a supported device. If a customer wishes to cancel the use of paid content, they shall complete cancellation procedures in accordance with the "App Store" Payment Agreement during the paid content validity period. Please note that the monthly paid content usage period will be automatically renewed within 24 hours prior to its expiration whereupon the monthly information fee will be charged. When completing paid content cancellation procedures, it is necessary to turn off auto-renewing subscriptions at least 24 hours prior to the expiration of the monthly paid content usage period. (*It is not possible to cancel mid-way through the monthly paid content usage period) Regarding how to turn off auto-renewing subscriptions, please refer “Help” page.
  2. The Company will not refund any fees that have already been paid for any reason, except the case stipulated in Article 8.2 below.
  3. Customers who have used the paid content by a different account will be charged again in "App Store".
  4. Customers who have changed to another device with the same OS or who have formatted their device during the monthly paid content usage period, who wish to continue using the same paid account on their new device will have to "restore" their Premium Members status in accordance with the prescribed procedures with the same account with which they completed payment procedures under paragraph 1 of this Article. Notwithstanding the preceding sentence, the Premium Members information of customers who have changed to another device with the same OS that is not supported by the App or who have changed to another device with a different OS (including, but not limited to, Android, iOS and Feature phone) cannot be transferred to their new device. Please note that the monthly information fee will be automatically charged each month if the use of paid content is not cancelled, so please complete the cancellation procedures in paragraph 1 of this Article in this case.

4 (Provided Content)

  1. Please note that the provided content may differ according to the type of the device customers used.
  2. The Company shall be able to change the provided content in its sole convenience. When the Company implement changes to contents of the paid provided content, the Company basically notify such implementation to the customer in the App in advance. And the Company does not assume any responsibility even if the customer should be damaged in relation to and/or arising from such changes.

5 (Stop / Termination of the App)

  1. In the event a customer does not pay the monthly information fee or has violated the provisions of this Terms of Use or other Payment Agreement, the Company shall be able to stop the provision of this App or cancel the User Agreement without notice or demand to the customer.
  2. The Company shall be able to terminate the provision of the App by in App prior notice to the customer.

6 (Intellectual Property Rights)

All intellectual property rights, etc. including the App and edit copyright in relation to any content in the App belong to the Company or the third party having said copyright rights.

7 (Prohibited Acts)

  1. The customer is prohibited from copying, reproducing, storing, or transferring the App and any content in the App without the permission of the Company.
  2. The customer must not threaten, restrict, or interfere with the App and the Company's rights related to the App, or engage in any behavior that may threaten, restrict, or interfere with the App and the Company's rights related to the App.
  3. The customer may not transfer or assign any of their rights and obligations under the User Agreement to any third party
  4. The customer is prohibited from tampering with the App data and communications data

8 (Compensation for Damages and Disclaimer)

  1. The Company does not make any guarantee with respect to the reliability, accuracy, safety, utility, the presence or absence of third party rights infringement, and fitness for a particular purpose of the App and any content in the App. The customer shall use the App at their discretion and on their own responsibility, and the Company does not assume any responsibility for damage caused by use of the App, etc. (including, but not limited to, device trouble such as breakage, etc.) However, this shall not apply in the event there are compulsory provisions in consumer protection laws and the like that protect the customer in the country in which the customer resides.
  2. Notwithstanding the preceding paragraph, the Company shall compensate the customer for damage to a maximum of the equivalent to one month's App monthly information fee in the event the customer suffers damage as a result of using the App for reasons attributable to the responsibility of the Company. This shall not apply, however, to damage resulting from the gross negligence or intentional acts of the Company.
  3. In the event the customer use external websites outside the control of the Company linked from the App, the Company does not make any guarantee with respect to the reliability, accuracy, safety, utility, the presence or absence of third party rights infringement, and fitness for a particular purpose of content, advertising, products, and services, etc. that can be accessed from the linked external websites. In addition, the Company does not assume any responsibility for indirect or direct damage arising from or in relation to the customer's use of the linked external websites or the content, advertising, products, and services, etc. that can be accessed from the linked external websites.
  4. The App may be disrupted or stopped and App data may be lost as a result of force majeure such as communication line equipment or system failure, the need for periodic or emergency maintenance, natural disaster, and other incidents, etc. The Company still does not assume any responsibility in this case.
  5. The data, including, but not limited to, Gohiiki (Favorites) on the App shall not be transferred to a new device and the Company does not assume any responsibility in the event the customer has replaced their device, changed their device model, and formatted their device.
  6. For the avoidance of doubt, the content of this Article and any other Article stipulated herein does not have the right and/or authority to defeat any effective mandatory rules for the customer to be protected in compliance with consumer protective act and/or similar acts in effect in the customer’s residential country and/or region.

9 (Consultation, etc.)

  1. Any conflict or dispute between customers and the Company shall be settled by mutual good faith discussion. In the event such conflict or dispute cannot be settled amicably, customers shall agree that all the lawsuits in relation to the said conflict or dispute shall be exclusively brought to the Tokyo District Court or Tokyo Summery Court of Japan.
  2. This Terms of Use shall be construed and governed by the laws of Japan.
  3. If any part of the provision of this Terms of Use should be held invalid or unenforceable due to conflict with any mandatory acts and/or any other reason, the remainder of this Terms of Use shall continue in full force and effect. In this case, such invalid provision shall be replaced with effective provision to the extent possible to accomplish the originally intended economical target, and the customer shall consent to such replacement in advance.

10 (Handling of Personal Information)

  1. The Company will collect and handle customers’ personal information, including, but not limited to, customer’s name, email address and customer’s device information through the App in compliance with its "Basic Privacy Policy". (Note that Japanese version is original, and English version below is just for your reference, and for the avoidance of doubt, this linked Basic Privacy Policy is considered as a part of this Terms of Use.)
  2. This App will collect the following information on customers and their device, and that information will be handled in accordance with the previous clause:
    Location, error log, Android ID, IMEI and Cookie information etc.
  3. The Company will collect customers’ access information, screen browsing information, event information and App usage situation via Google Analytics and Google Analytics for Firebase by Google. in order to figure out customers’ usage situation. And the company will introduce the report regarding Google Analytics’ user attribute, interest and category (“Report”) by activating the function of Google Analytics for advertising, in order to analyze Report and improve this App. In this connection, though this App uses Cookies and similar technique provided by Google Analytics, the Company does not collect any information from Google Analytics and Google Analytics for Firebase which identifies a specific customer. If a customer will not want Google Analytics and Google Analytics for Firebase to collect their usage situation, please opt out from the following guidance by yourself;
    Google Analytics – you can optout via optout page
    Google Analytics for Firebase - you can optout from at start-up or in-App settings.

Information collected via Google Analytics and Google Analytics for Firebase is sent, processed and managed in accordance with foreign third party: Google's privacy policy. Customers shall agree that the Company shall not be responsible for any damage and loss incurred by customers due to using Google Analytics and Google Analytics for Firebase.

 

11 (Enquires)

Please direct enquires concerning the App to ｛helpdesk@dwango.co.jp｝

12 (Language)

 

This Terms of Use is set and interpreted in accordance with Japanese version. For the avoidance of doubt, this English version is prepared just reference and convenience for customers who cannot read and understand Japanese version. If there are any inconsistencies and/or conflicts occurred between Japanese version and this English version, the Japanese version shall prevail, provided, however, the Children’s Protection Rule stipulated in the preface shall be applicable for the customers who reside in the country or region where similar children protection rules or acts, including, but not limited to, Children’s Online Privacy Protection Act (COPPA) are in force.

 

Last modified: September 24, 2019