Do you dango?

Terms of Use

Date of Last Revision: October 28, 2009.

Welcome to Battle Defenders, a social networking game operated by dango, Inc. and its affiliates ("us," "we" or "the Company"). By using or accessing the Battle Defenders, you agree that you have read, understand and are bound by these Terms of Use ("Terms"). We reserve the right, at our sole discretion, to change or delete portions of these Terms at any time without further notice. Your continued use of the Battle Defenders after any such changes constitutes your acceptance of the new Terms.

Privacy

We care about the privacy of our users and encourage you to read our Privacy Policy.

General Use of the Battle Defenders—Permissions and Restrictions

The Company hereby grants you permission to access and use the Battle Defenders as set forth in these Terms of Use, provided that:

  1. 1. You agree not to distribute in any medium any part of Battle Defenders, including but not limited to the User Content (as defined below), without the Company's prior written authorization.

  2. 2. You agree not to alter or modify any part of the Battle Defenders or any of its related technologies.

  3. 3. You agree not to access User Content (as defined below) or the Company Content through any technology or means other than interacting with the game itself or other explicitly authorized means the Company may designate.

  4. 4. You agree not to use Battle Defenders, for any commercial use, without the prior written authorization of the Company. Prohibited commercial uses include any of the following actions taken without the Company's express approval:

    l sale of access of the game or its related services on another website;

    l use of Battle Defenders or its related services for the primary purpose of gaining advertising or subscription revenue;

    l the sale of advertising, on the Company website or any third-party website, targeted to the User Content (as defined below) or the Company content;

    l and any use of Battle Defenders or its related services that the Company finds, in its sole discretion, to use the Company's resources or User Content (as defined below) with the effect of competing with or displacing the market for the Company, the Company Content (as defined below), or its User Content (as defined below).

  5. 5. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Use, and all applicable local, national, and international laws and regulations.

  6. 6. the Company reserves the right to discontinue any aspect of Battle Defenders at any time.

Prohibited Conduct

By using or accessing the Battle Defenders, you represent, warrant and agree that you will not:

  1. 1. do anything that could disable, overburden or impair the proper working of the game;

  2. 2. use any robot, spider, scraper or other automated means to access the game;

  3. 3. send spam or any other unauthorized advertisements or solicitations through or using Battle Defenders;

  4. 4. harvest, collect or use addresses, phone numbers or email addresses or other contact information (collectively "Contact Information") of users of the Battle Defenders without consent from such users;

  5. 5. solicit private information (including social security numbers, credit card numbers and passwords) from users of Battle Defenders;

  6. 6. intimidate or harass any user;

  7. 7. do anything that is illegal, infringing, fraudulent, malicious or could expose the Company or Battle Defenders users to harm or liability; or

  8. 8. attempt, encourage or facilitate any of the above.

User Content, Ownership, and License

"User Content" means any Content and anything else that you Post on or through Battle Defenders. "Post" means to upload, post, transmit, share, store, link to or otherwise make available on or through the game.

By using or accessing Battle Defenders, you represent, warrant and agree that you will not Post:

  1. 1. User Content that violates the law or anyone's rights, including intellectual property ("IP") rights or other proprietary rights (such as rights of publicity and privacy);

  2. 2. any Contact Information or private information of any third party;

  3. 3. false, misleading or fraudulent information;

  4. 4. any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;

  5. 5. alcohol-related or other mature content on Pages on Battle Defenders that have not set appropriate age based restrictions (based on the country in which the page will be viewable); or

  6. 6. User Content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that we may consider offensive.

The Company does not pre-screen, review, edit or approve any User Content. the Company may, in its sole discretion, remove or disable access to any User Content.

You are solely responsible for the User Content that you Post on or through the Battle Defenders. You hereby grant the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you Post on or in connection with the Battle Defenders or the promotion thereof subject only to your choice of privacy settings in connection with the game or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.

While you retain ownership of your User Content, the Company Content (defined below) including, but not limited to any characters, items, templates, background layout or functionality in which you create the User Content through tools and features made available through Battle Defenders are not proprietary to you, and can be used by Battle Defenders and others for any purposes. You acknowledge and agree that you have no rights in any such Company Content and that it shall be the sole and exclusive property of the Company.

None of the User Content Post will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Content. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion: (a) monitor and/or filter any User Content (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); (b) alter, remove, or refuse to send, transmit or otherwise use any User Content; and/or (c) disclose any User Content, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the services; to protect us and our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, other representatives, and users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.

Your Use of Content on Battle Defenders

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on Battle Defenders.

  1. 1. The content on the Battle Defenders, except all User Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to the Company (“the Company Content”), subject to copyright and other intellectual property rights under the law. The Company Content on Battle Defenders is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the TITLE and the Company Content.

  2. 2. You may access User Content for your information and personal use solely as intended through the provided functionality of the game. You shall not copy or download any User Content unless you see a “download” or similar link displayed by the Company on Battle Defenders for that User Content.

  3. 3. Comments by the users (“Comments”) are made available to you for your information and personal use solely as intended through the normal functionality of the game. Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the game or otherwise as prohibited under this Agreement.

  4. 4. You may access the Company Content, User Content and other content only as permitted under this Agreement. The Company reserves all rights not expressly granted in and to the Company Content and Battle Defenders.

  5. 5. You agree to not engage in the use, copying, or distribution of any of the Company Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes.

  6. 6. You agree not to circumvent, disable or otherwise interfere with security-related features of the game or features that prevent or restrict use or copying of any Company Content or enforce limitations on use of Battle Defenders or the Company Content therein.

  7. 7. You understand that when using Battle Defenders, you will be exposed to User Content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Copyright

  1. 1. If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification in accordance with the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:

    o A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    o Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

    o Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

    o Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

    o A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

    o A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company's designated Copyright Agent to receive notifications of claimed infringement is: dango, Inc. 5-80 Kanagawa Chusho Kigyo Center Building, Suite 7F 5 Yokohama City, Kanagawa 231-0015 JAPANTokyo Japan email: info @ dango-net.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your notice may not be valid.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to the Company ("Submissions"), are non-confidential and non-proprietary. The Company will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

User Disputes; Complaints

You agree not to hold the Company responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to the Battle Defenders. This includes transactions conducted on Battle Defenders as well as the collection, handling and sharing of personal information that you provide to third parties. If you have a dispute with a third party relating to the game, you release the Company and its directors, officers, employees and agents (collectively, the "the Company Entities") from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Indemnity

You agree to indemnify and hold the Company Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of Battle Defenders or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. the Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate with the Company's defense of these Claims.

General Disclaimers

USE OF THE TITLE IS AT YOUR OWN RISK. THE TITLE, the Company WEBSITES AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE TITLE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, the Company, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, the Company, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE TITLE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE TITLE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The Company IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THE TITLE (COLLECTIVELY, "THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL the Company ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE TITLE, THE the Company WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE TITLE, EVEN IF the Company OR A the Company AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, the Company'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF the Company ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE TITLE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF THE TITLE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO the Company DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.

Termination and Changes to the TITLE

We may terminate your account on Battle Defenders, delete your profile and any User Content you have Posted on or through the TITLE, and/or prohibit you from using or accessing the game (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of the game at any time without notice. The following sections will survive any termination of your use of Battle Defenders: Prohibited Conduct, User Content, Ownership & License, Your Use of Content on Battle Defenders, Copyright, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to Battle Defenders, and General.

General

You agree that: (i) the Battle Defenders shall be deemed solely based in Japan; and (ii) the game shall be deemed a social networking application that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Japan. These Terms of Use shall be governed by the internal substantive laws of Japan, without respect to its conflict of laws principles. Any claim or dispute between you and the Company that arises in whole or in part from your use of the Battle Defenders shall be decided exclusively by a court of competent jurisdiction located in Tokyo, Japan. These Terms of Use, together with the Privacy Policy at and any other legal notices published by the Company on Battle Defenders, shall constitute the entire agreement between you and the Company concerning the game. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. The Company reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of Battle Defenders following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.