TAKARATOMY

  • youtube
  • X
  • Instagram
  • facebook
  • LINE

タカラトミー公式SNS一覧

キミのだいすき、みつかる タカラトミーモール 公式ショッピングサイト

キーワードからさがす

EnglishEnglish

キミのだいすき、みつかる タカラトミーモール 公式ショッピングサイト

BEYBLADE Xに関する最新情報をお届け！

Terms of Use for BEYBLADE XR Project α Ver. App

日本語

Section 1– Introduction

This document (the “Terms”) stipulates conditions relating to the usage of the BEYBLADE XR Project α Ver. app (the “App”) provided by TOMY Company, Ltd., (the “Company”, “we”, “our” or “us”). All users of the App (the “Users”, “you” or “your”) shall agree to and comply with the Terms.

BEFORE USING THE APP, YOU MUST CAREFULLY READ AND ACCEPT ALL OF THE TERMS, INCLUDING ANY APPLICABLE ADDITIONAL TERMS, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS AND INCLUDE A CLASS ACTION WAIVER (SEE ARTICLE 15 BELOW). IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, PLEASE DO NOT USE THIS APP SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE MOST CURRENT TERMS AND CONDITIONS FOR ITS USE. IF YOU ARE BETWEEN 17 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, YOU MUST OBTAIN YOUR PARENT OR LEGAL GUADIAN’S PERMISSION TO USE THE APP IN ADVANCE.

Section 2 – Definitions

In these Terms, the terms listed below is used in the following meanings:

  • （１）Content - This refers to all data within or provided by the App, including but not limited to text, audio, music, images, photos, video, software, programs, code, and other items made available to Users, regardless of whether they are free or paid.

Section 3 – Changes to the Terms

  • １．If the Company deems it necessary, we may make changes to the Terms at any time.
  • ２．If the Company makes a change to the Terms, the updated Terms and their effective date will be provided on our website and the App launch screen.
  • ３．Upon using the App on or after the updated Term's effective date, the User shall be deemed to have provided at that time their valid and irrevocable consent to the Terms. If the User does not agree to the updated Terms, the User must stop using the App.

Section 4 – Conditions and Limitations of Service Provision

  • １．Users may use the App for free. However, Users shall be fully liable for any costs and fees necessary to use the App, including those for devices, equipment, operating systems, internet connection, means of connection, connection fees, and electricity, etc.
  • ２．The Company may limit the provision of all or part of the App pending the fulfillment of any conditions we deem necessary, including but not limited to age, verification of identity, and registration details.
  • ３．If The Company deems it necessary, we may without prior notification to Users make alterations to all or part of the App and its Content (including, without limitation, functionality, design, audiovisual features, effects, parameters).
  • ４．The Company reserves the right to suspend or cease to provide part or the entirety of the App at any time without providing any advance notice to Users.

Section 5 – Usage of Third-Party Software

The App uses Open Source Software (hereinafter "OSS"). In using these OSS, Users will be subject to the conditions of use for each respective OSS. For information on the respective OSS and its conditions of use, please go to Settings in the App.

Section 6 – External Services

  • １．Users may choose to link or connect the App to an online service provided by a third party (the “External Service(s)”). Users acknowledge and agree that the Company may, in its discretion, add, delete, or make changes to available External Services to which Users can link or connect. Access to External Services is provided as an optional service to you, and External Services are not sponsored by, endorsed by or otherwise affiliated with the Company. The Company has no control over these External Services and makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained in any such External Services. Therefore, Users acknowledge and agree that the Company is not responsible for any External Services, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from the External Services. Users also acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or arising in relation to, the use of any information, goods or services offered through these links, or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third-party claims relating to Users’ use of such External Services.
  • ２．In using an External Service in any way, including registration and use of an account with that External Service, Users must abide by the terms and conditions set forth by the provider of that External Service.
  • ３． If Users use an External Service, Users shall take full responsibility and liability therefor. The Company shall assume no liability for any loss or damage arising out of or in connection with Users’ use of an External Service, any problem arising between Users and the operator of an External Service, or any other matter in connection with an External Service.

Section 7 – Terms of App Use

  • １．Subject to the conditions in these Terms, the Company grants each User the non-exclusive right to use the App but does not allow the transfer or sublicensing of this right. Additionally, should the User violate the Terms, the Company may at any time without prior notification suspend or terminate, in part or wholly, the User’s access to the App.
  • ２．The User shall not reproduce, transfer, republish, alter, or otherwise use the Content or any other data related to the App in any manner different from its intended usage.

Section 8 – Intellectual Property Rights

Copyright and other intellectual property rights pertaining to the Content of the App (including, without limitation, portraits characters) belong to the Company and third parties which grants license thereof to the Company. You may use the App pursuant to these Terms but shall not obtain any of such intellectual property right or any license thereof.

Section 9 – Prohibited Acts

While using the App, Users are prohibited from the following:

  • （１）Acting in a way that will or may violate any of these Terms.
  • （２）Acting in a way that will or may violate the copyright, trademark rights, or any other intellectual property rights, or damage the assets or property of, or infringe on any privacy rights, portrait rights, or any other rights of the Company or any third party.
  • （３） Acting in an unjustly discriminatory or libellous manner towards the Company or any third party, or acting in a way that would harm the reputation or trust of the Company or any third party, or promoting or encouraging such behaviour.
  • （４）Impersonating another person, attempting to or pretending to represent, or claim collaboration or affiliation with, any third-party individual or organisation without their explicit permission.
  • （５）Using the App for any actions connected to fraud, abuse of controlled substances, prostitution, illegal purchase and/or sale of banking details and mobile telephones, or any related acts that are or may be illegal.
  • （６）Using the App with the goal of facilitating sexual acts, obscene acts, etc.
  • （７）Using the App with the goal of dating members that you do not have a prior acquaintance with.
  • （８）Organising, participating, or inviting others to participate in any form of illegal betting or gambling.
  • （９）Contracting, mediating, or inducing illegal acts (trafficking of handheld firearms, manufacture of explosive materials, supplying child pornography, forgery of official documents, homicide, blackmail, etc.).
  • （１０） Inducing or persuading others to commit suicide, or discussing methods of suicide that may carry a risk of harm to other people.
  • （１１）Setting up or inviting others to join any kind of pyramid scheme (Ponzi scheme).
  • （１２）Performing any unauthorised reproduction, lending, republishing, redistribution, or setting as collateral, any part of this App or the Content or any other data related to the App, without prior written permission from the Company.
  • （１３）Sublicensing use of the App to any third party.
  • （１４）Creating and distributing similar goods, services, or derivative products based on the App’s content.
  • （１５）Trading any in-App content for any real-world currencies (including physical currencies, digital currencies, crypto currencies, etc.).
  • （１６）Using the App to engage in profit-making activities.
  • （１７）Distributing misinformation or using the App for illicit purposes.
  • （１８）Rewriting without permission or erasing any data stored on equipment owned or managed by the Company.
  • （１９）Publishing, transmitting, or distributing viruses or other harmful computer programs.
  • （２０）Performing any activities that will or may overburden computer servers belonging to the Company or any third party, or otherwise impede the operation and networking systems of the App.
  • （２１）Modifying, altering, changing, reverse engineering, decompiling, or disassembling the App.
  • （２２）Deliberately exploiting any bugs or security vulnerabilities in the App.
  • （２３）Using the App without the permission of a parent or legal guardian if you are a minor.
  • （２４）Knowingly promoting or encouraging any of the activities described in the aforementioned prohibitions.
  • （２５）Acting in a way that will or may violate laws, public order, or morals, as determined by the Company.
  • （２６）Acting in any other way that the Company reasonably believes will or may cause inconvenience or nuisance to other Users.

Section 10 – User Responsibilities

  • １．Users shall use the App at their own risk and shall be solely responsible for all acts performed by the User while using the App and any results of those acts.
  • ２．If the Company deems a User to be in violation of the Terms, we may (but not obligated to) take any measures which we determine, at our discretion, necessary or appropriate to address such violation.
  • ３．In the event that the Company incurred any damages or losses as a direct or indirect result of a User’s actions while using the App (including employee labour costs incurred to resolve problems caused, damage to the Company’s brand and reputation, or legal costs, and also including claims brought by third parties resulting from said User activities), the User shall immediately compensate all of such damages and losses.

Section 11 – Disclaimer of Warranties; Limitation of Liability

  • １．
    THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, THE COMPANY MAKES NO WARRANTY THAT (1) THE APP WILL MEET USERS’ REQUIREMENTS, (2) THE APP WILL BE UNINTERRUPTED, TIMELY OR SECURE, (3) THE RESULTS OF USING THE APP WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY CONTENTS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH USERS’ USE OF THE APP WILL MEET USERS’ EXPECTATIONS, OR (5) THAT THE APP WILL BE ERROR-FREE AND/OR THAT ANY ERRORS IN THE APP WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OR WHETHER OBTAINED BY USERS FROM THE COMPANY OR THROUGH OR FROM THE APP, SHALL CREATE A WARRANTY.
  • ２．
    IN NO EVENT WILL THE COMPANY OR ANY OF ITS PARENT COMPANIES, AFFILIATES, OR SUBSIDIARIES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD–PARTY CONTENT PROVIDERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, “RELEASED PARTIES”) BE RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO USERS’ COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM USERS’ USE OF THE APP, DOWNLOAD OF ANY CONTENT OR ACCESS TO ANY EXTERNAL SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ANY RELEASED PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP, SERVICE OR CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, MONEY, GOODWILL OR REPUTATION, OR PROFITS, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY OF USE OF THE APP, SERVICE, OR CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER LAW, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
  • ３．
    Without limiting the generality of the foregoing, you hereby waive the provisions and protections of the California Civil Code Section 1542, which provides as follows:
    A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

Section 12 – Handling of Personal Information

The Company may, in its discretion, exploit, make public, or otherwise make use of in any way, statistical or aggregate data on Users’ use of the App. The Company processes personal information collected directly from you, through the App, or from third parties in accordance with our privacy policy available at [https://beyblade.takaratomy.co.jp/beyblade-x/xr-project/privacy/english/] (the “Privacy Policy”). Users acknowledge and agree that Users have received, read and understood the Privacy Policy.

Section 13 – Contact Methods

  • １．The Company will use any of the following contact methods at its discretion to communicate with Users regarding the App.
    • （１）Notifications within the App, located in an appropriate section of the App as determined by the Company.
    • （２）当Information posted on a website managed by the Company, or the official website of the App, located in an appropriate section of the website as determined by the Company.
    • （３）Other appropriate methods of communication, as determined by the Company.
  • ２．In the event that the User should fail to receive a communication from the Company for any reason, such as the User’s misconfiguration of their device, the technical specifications of their device, network problems, malfunctions, etc., the User shall still be deemed to have received said communication from the Company. The Company accepts no liability whatsoever for any resulting damages or loss of profits incurred by the User.
  • ３．Users can communicate with the Company regarding the App using a contact form either within the App, on a website managed by the Company, or on the official website of the App, located in an appropriate section of the App as determined by the Company, or using another method of communication specified by the Company.

Section 14 – Severability

In the event that any clause set out in the Terms is deemed to be invalid, it shall not affect the validity of any other clause. In such cases, the invalidated clause shall be replaced with a valid clause that seeks to achieve the invalidated clause’s originally intended economic objectives as closely as possible, and the User is deemed to agree to this replacement in advance.

Section 15 – Language, Governing Law and Jurisdiction

  • １．The governing law for this agreement shall be Japanese law. The Tokyo District Court shall be the exclusive jurisdiction in the first instance for any dispute between the User and the Company arising from or related to the Terms or the App.
  • ２．YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE TERMS OR THE APP MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
  • ３．YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION, INCLUDING WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT.


Effective from： July 18, 2024