This Convention of Use (hereinafter called “this Convention”) provides conditions with which D Hearts Inc. (hereinafter called “our Company”) supplies applications and services relating to “Monster Dungeons” application (hereinafter called “this Application”) to the users (hereinafter called “the User”) and conditions of use for users.

When using this application, the users must commit that they understand and will comply with Convention. So, please use this Application after having been clear about this Convention. In case you do not agree with any term of this Convention, you may not use this Application, so in this case you should stop using this application immediately. Besides, for juvenile, please use this application after obtaining consent from legal representative such as parents, in accordance with this Convention, the agreement relating to the use of this Application by Users made by and between our Company and the User is called “this Contract”.


Article 1: Authorization of Use

  1. Basing on the conditions provided in this Contract, our Company grant unnegotiable non-exclusive using right by downloading this Application and using at mobile terminal equipment reciprocal to this Application (hereinafter called “mobile equipment”) such as User’s Smart Phone. Besides, we do not assure that this Application is adaptive to all Mobile equipment.
  2. We recommend that the User read this Convention well and use this Application in compliance with provisions of this Convention.
  3. According to the circumstances, our Company may make changes to this Convetion. Our Company may modify a part or all of this Convention without prior notification to the User. Although the User has not been clear about the modifications, the new version of this Convention would still be applied for all Users.


Article 2: Scope of Use right

  1. In principle, each license of use of this Application is applied to the account of 1 User’s Mobile equipment only.
  2. The Users may not transfer or lend Use right of this Application, which has been authorized by our Company, to any 3rd person. Besides, the User should not disclose to any 3rd party or copy programs relating to this Application (such as object code, source code, etc.)
  3. This Application can be used for the User’s personal purpose only, but cannot be used for other purposes such as dealing, distributing or researching to develop.
  4. The User may use this Application only when it is provided by our Company. The User should not conduct such actions as copying, modifying, changing, supplementing, or reproducing this Application.
  5. This Application is protected by Japan and related countries by anti-illegal competition laws. The User may not extract source code by reversing techniques, reverse editing, reverse installing 1 part or all of this Application or by any other method. Besides, this Application may not be changed, modified or translated by any way in recordable status.

Article 3: Fees

  1. Except for 1 part of the service and the content, basically, this Application is used free.
  2. In case the User want to be provided 1 part of the service and content of this Application with charge, please buy and use point according to conditions of buying and using point (provided in Article 4). Our Company will provide term of payment separately or make payment for fees in accordance with provisions at the web site on which the downloading of this Application is provided.
  3. Our Company will provide on use fee rates according to purchase method

Article 4: Purchase and Using conditions of point

  1. Point is the general unit to use digital contents provided by suppliers accepted by our Company or using digital contents or services provided by our Company but in this Applicationonly.
  2. Point is supplied by the following methods: buy goods in this Application, register on the web which provide point, invite friends, advertisement strategy, or by methods provided by this service.
  3. Effect term of point provided by this Application is 180 days from the date of using or receiving final point. Out of effect term, the unused points will be cancelled.
  4. For no reason should our Company return the User all the using fee paid.
  5. Even if “Buy” or “Receive” is not presented in digital contents or services provided upon the use of point, the User is entitled to use within the scope provided in this Application only without such other rights as Ownership, Intellectual properties, etc.

Article 5: Using and operating environment

  1. The Users should equipt themselves with softwares, programs, mobile equipment, communication media necessary to use this Application.
  2. In the following cases, the use of this Application will be limited.
    a. Fail to define using status or currently stop using status for this Application.
    b. Use this Application in places not connected to the Internet
    c. Fail to transmit due to transmission status.

  3. Article 6: Intellectual Property Rights

    1. This Application is protected by Copyright Law, Treaties relating to Copyright and Treaties and Laws relating to Copyright Law of Japan and related countries. Basing on this Convention, the User will be granted unnegotiable non-exclusive using right relating to this Application. The User is not granted Ownership, Copyright or all other rights relating to this Application or the copies of this Application.
    2. The User understands and agrees with all contents belonging to our Company’s Intellectual property rights or those of the Company licensed our Company (hereinafter called “Initial entitled person”) including of Copyright, Patent rights, trademark rights relating to this Application or the copies of this Application (including programs, images, texts, etc.). The User respects Copyright relating to this Application and commits to use this Application in compliance with Universal Copyright Convention, Copyright Law, anti unfair competition law and other related laws of the countries.

    Article 7: Change or terminate the contents of this Application

    1. At any time, our Company may, to our own discretion, change, improve, supplement 1 part or all contents of this Application without prior consent from the User.
    2. Our Company may terminate supplying or updating this Application without prior notification to the User.


    Article 8: Clause of liability exemption

    1. Contents, functions and performance of this Application is limited in the scope that our Company can provide reasonably at the moment where the User downloads this Application. Our Company only provide this Application to the User at initial status, and do not guarantee all issues relating to operating this Application and the functions conducted in the User’s environment. Besides, our Company do not guarantee all other issues relating to this Application such as the User uses this Application for his/her personal purpose or commercial purpose.
    2. Except for the cases arising due to incidents or negligence of our Company, our Company will not be responsible for direct, indirect, consequential, accidential damages, profit lost and other damages (whether predictable or not) arising when the User uses this Application or fails to use this Application.
    3. In one of the following cases, our Company do not guarantee this Application and services attached to this application.
      a. No error or problem arising relating to this Application originating from upgrading the version or updating the application of OS.
      b. This application has satisfied full functions and quality accurately.
      c. No error or malfunctioning arising to User’s equipment during the use of this Application.
      d. This Application may be used for long.
      e. No error or interruption during the use of this Application.

    4. The provisions of this Article are all guarantees applied to this Application by our Company; our Company will guarantee all issues not provided in this Convention.

    Article 9: Forbiden behaviors

    During the use of this Application, the User is banned from the following behaviors:

    (1)Commercial behavior
    a. Whether aiming at commercial goals or not, the act of sending email or posting information with purpose of exchanging, buying or selling goods and services (including advertisements, introductions, notifications)
    b. Send email or post information with purpose of advertising, introducing, notifying
    c. Collect, accumulate personal information of other Users or intention thereof.
    (2)Post personal information
    a. Not relating to himself/herself or a 3rd person, posting such personal information as email address, phone number, vehicle control number, bank account number, address, etc.
    b. Pretend to be a 3rd person by posting false information (including such personal information as name, date of birth, etc.) or let others use this application (even when accepted by the User).

    (3)Others
    a. Person forced to stop User status due to violations, reuse of this Application.
    b. Person forced to stop User status due to violations of intentively inviting friends
    c. Other behaviors considered by our Company as unappropriate basing on reasonable reasons.



    Article 10: Supervision of our Company

    In case our Company suspects pursuant to reasonable evidences, our Company has right to require Users submitting report on whether Users use this Application or not based on conditions for using this Application.
    Article 11: Effective term

    This Contract is effective when Users agree with terms of this Convention and agree to make a Contract related to the use of this Application.



    Article 12: Cease of use, withdrawal of use right

    1. At any time, Users can cease using this Application by uninstalling, destroying or deleting this Application.
    2. If Users fall in one of the following cases, without prior notice or damage indemnity, our Company has right to cease or withdraw immediately the entire or a part of Use right towards this Application, points being archived in this Application, digital contents licensed by our Company to Users. In case of withdrawing Use right, Users must quickly destroy programs and data related to this Application. Our Company will not receive any questions or claims from Users related to the cease and withdrawal of Use right towards this Application.
      a. When Users violate or have risk of violating any terms of this Convention.
      b. When Users violate regulations of Law or Ordinance including Law on copyright, Law on patent related to the use of this Application.
    3. In case our Company withdraws the Use right of Users for the violation regulated in the above Term, our Company will not be responsible for compensating damages and losses caused by our Company to Users.

    Article 13: Treatment for violation of this Convention

    1. In case our Company realizes a violation of this Convention or a risk of violating notified by Users or controlled by our Company towards posted and registered contents to assure that the use of this Application is consolidated for Users, our Company will treat as follows without notice or indemnity for Users mentioned above.
      a. Deleting a part or the entire of posted or registered information of Users mentioned above, changing published violation or changing to the status of being unable to submit for approval (not published).
      b. Coerce to cease using.
    2. Pursuant to regulations of this Convention, Users cannot oppose the treatment towards violation of this Convention.

    Article 14: Damage compensation

    1. In case Users violate this Convention, our Company can require Users to compensate for damages.
    2. Regardless whether a requirement for compensation is available or not, if our Company realizes a violation of this Convention or a risk of violation, our Company will warn Users.
    3. If it is resulted by serious intention or carelessness of our Company, our Company will indemnify Users in accordance with the law. In this case, regardless reasons, our Company limits the indemnification scope for actual and direct damages towards Users. Though our Company is notified about lost profit, indirect damages, consequent damages, individual damages, our Company will not be responsible for compensating for these damages.

    4. Article 15: Change of Convention for use

      Our Company can change this Convention at any time without prior consent from Users. In case of changing this Convention, all terms related to fees and charges will be based on the changed Convention for use.


      Article 16: Governance Law

      This Convention is explained and understood following Japanese Law (without relating to regulations of applicable Law)


      Article 17: Court

      All disputes arising between Users and our Company related to this Convention will be solved at Tokyo Court (Japan).
      Appendix


      This Convention is applied from 10th October 2014.