“Play AR” Terms of Service
Last Updated Date: October 1, 2022
1-1-1 Nishishinagawa, Shinagawa-ward, Tokyo
Sumitomo Fudosan Osaki Garden Tower
■Play AR official website
IMPORTANT NOTICE FOR RESIDENTS IN THE UNITED STATES AND CANADA ONLY: THIS TERMS OF SERVICE IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 17 BELOW.
IMPORTANT – READ CAREFULLY: BY PURCHASING, INSTALLING, OPENING, COPYING AND/OR OTHERWISE USING THIS PRODUCT YOU HEREBY ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF SERVICE (THIS “Terms of Service”).
Each user who uses “Play AR” (“you”) shall accept in advance of use the following matters set forth in this Terms of Service set forth by SEGA CORPORATION (“SEGA”) in order to use Play AR. Your acceptance of this Terms of Service is a prerequisite for your use of Play AR. If you violate any part of this Terms of Service, your use of Play AR may be discontinued without warning, and any payments made by you will not be refunded.
Local laws in your respective jurisdiction may require that you are of a certain age in order to enter into certain legally binding arrangements such as this Terms of Service. In the event that you are under the required age, you may not continue to use Play AR , unless your parent or legal guardian has reviewed and agreed to this Terms of Service. Local laws may also require that children under a certain age are supervised during their use of Play AR. By using Play AR, you warrant that you are old enough to use the Play AR without supervision and accept responsibility for all unauthorized use of Play AR by persons under the required age. If you are under the required age, your parent or legal guardian warrants that they are supervising and monitoring your use of Play AR at all times.
２．USE OF THE INTERNET
1. To use Play AR, you may need an online environment to connect to SEGA’s operating servers. Registration and authentication may be performed separately by SEGA for connectivity purposes. 2. You are responsible for the installation, setup, construction of the communication environment, and expenses of the equipment required to operate and maintain the online environment and connection, including but not limited to the preparation of the communication equipment, setting of the communication environment, provider contracts, provider usage fees, telephone charges, and communication charges. 3. Except as otherwise stated in this Terms of Service, SEGA shall not reimburse any costs already incurred by you for any reason, including non-use of Play AR or inability to connect to an online environment. 4. You may need to download updates or data that are automatically sent from SEGA when you connect to SEGA’s operating server for the purposes of client optimization or updating. You must perform any such update to continue to use Play AR .
3．DETAILS OF PLAY AR
This service includes content services and individual paid services, as set forth in the following article and thereafter (collectively, “Play AR”). For more specific details of each component of Play AR, please refer to Play AR’s official website, any terms displayed in connection with such service as well as any other information published by SEGA.
A. CONTENT SERVICE
1. By using Play AR to shoot images or videos that include specified products manufactured by SEGA in their subject, you can create new content (the “Content”) by adding special effects, audio, music clips, and so forth provided by SEGA (the “Processed Materials”) within Play AR to such images or videos. 2. Subject to your compliance with this Term of Service, SEGA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use one (1) copy of the Content solely and exclusively for your personal and non-commercial use. The Content may be published or distributed through a platform provided by a third party only when specified by SEGA. 3. Notwithstanding the provisions of the preceding paragraph, any act to monetize or commercialize the Content, such as where you receive compensation for the Content through publication or distribution through a platform provided by yourself or a third party, or where you sell products embodying the Content, shall not be permitted unless otherwise agreed with SEGA in writing or by electromagnetic records (such as email); provided however the use of the Processed Materials for the purpose of monetization or commercialization shall not be permitted in any case. 4. SEGA guarantees to you that the Processed Materials were created by SEGA or a third party designated by SEGA, and SEGA makes no other guarantee or warranty. SEGA does not guarantee the rights as to any elements or components of the Content other than the Processed Materials. Therefore, if you, through publication or distribution of the Content, become subject to a claim of infringement of rights or a similar request from a third party with respect to any elements or components of the Content, SEGA shall not be liable to you for any damages whatsoever to the extent allowed by applicable law. In addition, if any damage is caused to SEGA as a result of the publication or distribution of the Content by you, you are obligated to compensate SEGA for such damage, except to the extent such damage is solely and directly caused by the Processed Materials. 5. When publishing or distributing the Content, you shall have sole responsibility with respect thereto. Even if any damage is caused to you or third parties due to the fact that the Content contains personal information, confidential information or other important information of you or third parties, you shall be liable for such damages at your own expense and responsibility, and you shall ensure that SEGA has no liability whatsoever with respect thereto.
1. SEGA, may at its discretion provide, separately charged services (the “Individually-Paid Services”) in connection with Play AR. 2. You can directly purchase the Individually-Paid Services, and SEGA will determine in its sole and absolute discretion how you will acquire the Individually-Paid Services. 3. The Individually-Paid Services must be purchased in accordance with the procedures defined by the relevant parties, including carriers, payment providers and SEGA. 4. In the event of any dispute arising between you and any carrier or payment service provider in connection with the purchase of an Individually-Paid Service, such dispute shall be resolved at your own risk and expense. SEGA shall bear no responsibility whatsoever with respect thereto. 5. You shall not receive any refund or other cash payout for the Individually-Paid Services you purchased for any reason other than as may be required by applicable law. 6. SEGA may impose limits on your purchases of the Individually-Paid Services. If SEGA chooses to do so, you will not be able to purchase more than this limit. 7. For other conditions and precautions related to the purchase of the Individually-Paid Services, please refer to all relevant information provided on Play AR. 8. SEGA may suspend or terminate the use of any of the Individually-Paid Services upon giving 45 days’ notice to you. Please note that if SEGA terminates Play AR in general, each Individually-Paid Service will also be terminated.
4．HANDLING OF INFORMATION
5．PROHIBITION OF CHEATING AND WRONGFUL ACTIVITY
1. When using Play AR, you may not engage in any of the following activity.
(1) Falsification or unauthorized creation of data. (2) Conducting activities other than permitted activities, in the context of using Play AR. (3) Using automated operating tools (macros), programs, and other tools not permitted by SEGA. (4) Analyzing, altering, modifying or reverse engineering Play AR. (5) Intentionally changing Play AR, including its content, processes, and configuration, in an unauthorized manner.
2. You may not use, distribute (including fostering transmissibility), or recommend programs or data that enables cheating to other users of Play AR or third parties, regardless of whether you are using Play AR when doing so. 3. You may not illegally access the infrastructure of Play AR or other relevant facilities, including but not limited to communication equipment, communication lines, computers, and other equipment and software provided by SEGA, in order to provide Play AR, or perform any act that hinders the use or operation thereof. 4. You may not attempt to intentionally modify, reverse engineer, decipher, translate or otherwise use any data or messages from SEGA’s operating servers or other infrastructure. 5. If you find a bug or other defect in Play AR, please notify SEGA at the contact information designated by SEGA. You may not notify or disclose it to other users of Play AR.
When using Play AR, which includes publishing or distributing the Content, you may not perform the following acts.
(1) Committing acts in violation, or in likely violation, of laws and regulations, including but not limited to laws, treaties, ordinances, and other rules that are publicly binding on users of Play AR howsoever named. (2) Soliciting or encouraging illegal activity. (3) Committing acts that infringe, or are likely to infringe, the rights of SEGA, other users of Play AR or third parties, including but not limited to honorary rights, privacy rights and copyrights, as well as any that solicit or encourage an act of infringement. (4) Committing acts against public order and morals. (5) Registering or disclosing the personal information of a user of Play AR or any third party. (6) Registering or disclosing false information or information that you do not rightfully possess. (7) Registering or disclosing personal information or contact information for the purpose of sexual harassment. (8) Registering and using multiple email addresses as one user. (9) Making obscene, discriminatory, violent or threatening, grotesque or other anti-social expressions which SEGA deems inappropriate in its sole discretion. (10) Committing acts for the purpose of advertising, publicity, marketing or commercialization. (11) Carrying out business activities, including but not limited to solicitation, as well as fund-raising, election campaigns and other political activities, and missionary and other religious activities. (12) Committing acts with the purpose of having a sexual or indecent encounter. (13) Recruiting for pyramid schemes, sending chain mail, or otherwise soliciting other users of Play AR to participate in similar activities. (14) Committing defamation, intimidation, or other behavior or conduct that causes anxiety or discomfort to other users of Play AR. (15) Stealing or misappropriating other users’ images and personal information through fraud or by illegally accessing Play AR. (16) Obtaining images on behalf of third parties other than yourself. (17) Providing benefits to organized crime groups, anti-government organizations and other anti-social organizations. (18) Impersonating an employee, customer support staff or other representatives of SEGA or its affiliates. (19) Transmitting computer viruses or excessively large amounts of data, engaging in other acts that unreasonably burden Play AR infrastructure, or engaging in acts that interfere with the use of other users of Play AR. (20) Making false or misleading declarations or notifications to SEGA. (21) Committing other acts that interfere with or are likely to interfere with the operation of Play AR. (22) Defaming or denigrating Play AR or other services provided by SEGA. (23) Selling or reselling any of the data comprising Play AR without SEGA’s permission. (24) Buying or selling items acquired through the use of Play AR outside Play AR, including but not limited to Internet auctions. (25) Infringing copyrights or other rights of third parties in Play AR. (26) Using the software underlying Play AR for any purpose other than to use Play AR. (27) Soliciting or recommending the use of cheats. (28) Sending improper and disallowed emails. (29) Using Play AR as a remodeled terminal. (30) Conducting any activity in violation of the Terms of Service. (31) Informing other users of Play AR of the location of any text or data that falls under any of the above items including where the relevant act is performed by a third party,such as by posting an access link. (32) Conducting acts that SEGA in its sole discretion deems inappropriate in light of the purpose of Play AR. (33) Soliciting or promoting any acts related to the above items, or making preparations to do so.
7. INTELLECTUAL PROPERTY RIGHTS
1. Any and all intellectual property and other rights relating to all programs, software, trademarks, trade names, or technologies incidental thereto, which constitute Play AR, shall belong to SEGA or a duly authorized third party, unless otherwise indicated. 2. You may not reproduce, publish, broadcast, publicly transmit or otherwise use any information obtained through the use of Play AR beyond the scope of your own private use without the prior and express permission of SEGA or a legitimate third party right holder, including photos of third parties taken by you. However, this shall not apply to any activity you are permitted otherwise carry out under this Terms of Service. 3. In the event that you infringe any third party’s rights, you shall resolve the issue at your own expense and responsibility in a way that shall not cause any inconvenience or damage to SEGA.
8．DISCHARGE AND NON-GUARANTEE
1. Play AR is provided as is, and may contain defects, including accuracy, completeness, usefulness and reliability defects. Accordingly, SEGA makes no warranty regarding the accuracy, completeness, usefulness, or reliability of Play AR, its contents or any information provided by SEGA. 2. If an online environment is required for Play AR, please note that such environments are variable, and Play AR cannot be used in any environment. Accordingly, SEGA does not warrant that Play AR will be available all the time in your environment. 3. SEGA shall not be liable for restoring data stored on the terminals on which you use Play AR if such data is lost or deleted by you or altered by others. 4. SEGA shall not be liable to you or any third party for any problems that may arise in using Play AR, such as installation problems. In addition, SEGA will not compensate you in any way for use of Play AR when there are problems. 5. SEGA does not guarantee and is not responsible for any products, services, information, transactions, or similar transmission provided by e-mail newsletters, advertisers and other business partners that appear in Play AR. SEGA is not involved in any promotions or campaigns carried out between you and partners in Play AR. 6. SEGA shall not be responsible for any act performed or provided by any third party when using Play AR.
9. CHANGE IN THE CONTENTS OF SERVICE PROVISION
SEGA may modify the contents of Play AR at any time without prior notice to you.
10．INTERRUPTION OF SERVICE
1. SEGA may suspend or discontinue all or part of Play AR without prior notice to you in any of the following cases:
(1) An unexpected failure of the infrastructure of Play AR, the operational server, or other systems. (2) Performance of maintenance, inspection, repair, or modification works, either on a regular or urgent basis with respect to systems and infrastructure related to Play AR, operational servers and so forth. (3) It becomes impossible to provide Play AR due to fire, power failure, or similar disaster or accident. (4) The provision of Play AR becomes impossible due to earthquakes, floods, tsunamis or other natural disasters. (5) Wars, riots, disturbances, labor disputes, epidemics, pandemics or other force majeure events make it impossible to provide Play AR. (6) Play AR cannot be provided due to legal restrictions or judicial orders. (7) Where SEGA deems it necessary or appropriate for operational or technical reasons.
2. SEGA shall not be liable for any damages incurred by you, other users or third parties as a result of the suspension or discontinuation of Play AR pursuant to the preceding paragraph.
1. If SEGA determines that you are subject to any of the following conditions, it may reject your use of Play AR or suspend or terminate your use of Play AR. If this occurs, SEGA will not bear or refund any costs incurred by you in connection with your use of Play AR. In addition, if you owe any obligations to SEGA at the time of suspension, those obligations will remain in existence and be enforceable against you by SEGA.
(1) Any information provided or registered by you is false. (2) You have violated this Terms of Service, or any other terms relating to SEGA’s services, or you have done so in the past. (3) You have received a punitive disposition by SEGA or a group company of SEGA in the past, such as suspension of use of a service. (4) You have violated the terms of service of the Terminal Business Operator, App Store Business Operator, Communication Business Operator, or Payment Business Operator, or you have done so in the past. (5) You have made violent demands, unreasonable demands, spread rumors, or engaged in fraud or force, in order to damage SEGA’s credibility or obstruct SEGA’s business. (6) You or your organization has ties to an organized crime group, an anti-government organization, or any other anti-social organization, including you being a member or a related person thereof, or your organization has any relationship with such persons or organizations. (7) You have filed or petitioned for the commencement of bankruptcy or civil rehabilitation proceedings. (8) The Payment Business Operator (if any) used in connection with your use of Play AR invalidates or cancels any payment. (9) You intentionally or negligently use an ID or login information of a third party without permission, or if SEGA determines that there is a risk of you doing so. (10) There are other circumstances in which SEGA reasonably determines that your use of Play AR is inappropriate. (11) You use multiple IDs or other login information on Play AR.
2. If you have multiple accounts and SEGA suspends one of your accounts due to any of the above conditions, SEGA may suspend all of your accounts.
12. DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY AND INDEMNIFICATION
1. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF PLAY AR IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT IN RELATION TO THE LIMITED GUARANTEE OFFERED BY SEGA IN SECTION 16 OF THIS TERMS OF SERVICE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLAY AR IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SEGA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO PLAY AR, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, SEGA MAKES NO WARRANTY THAT (A) PLAY AR WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF PLAY AR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) PLAY AR WILL BE INTEROPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PLAY AR WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SEGA OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE, OR SHALL BE DEEMED TO CREATE, A WARRANTY. 2. AT SOME POINT IN THE FUTURE PLAY AR MAY GO OUT OF DATE, AND SEGA MAKES NO COMMITMENT TO UPDATE PLAY AR. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF PLAY AR, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER LEGAL THEORY OR CAUSE OF ACTION. THE USE OF PLAY AR OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH Play AR IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR TERMS OF SERVICE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. 3. SEGA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN PLAY AR, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF PLAY AR FOR ANY PURPOSE. PLAY AR INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF PLAY AR MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF PLAY AR MAY OCCUR AS NORMAL EVENTS. YOU FURTHER UNDERSTAND AND AGREE THAT SEGA HAS NO CONTROL OVER THIRD PARTY NETWORKS YOU MAY ACCESS IN THE COURSE OF THE USE OF PLAY AR, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND SEGA’S CONTROL. 4. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SEGA IS TO STOP USING PLAY AR. IN NO CASE SHALL ANY LIABILITY OF SEGA TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SEGA OR ITS AFFILIATES AND/OR DESIGNEES FOR PLAY AR GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL SEGA OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT SEGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF PLAY AR, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF SEGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND/OR PERSONAL INJURY, DEATH, FRAUD AND/OR CERTAIN IMPLIED WARRANTIES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF SEGA AND ITS AFFILIATES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. 6. At the request of SEGA, you agree to defend, indemnify, and hold SEGA and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorneys’ fees, that arise from (a) your use of, or activities in connection with, Play AR (including but not limited to the creation and use of Content which is synchronized with Play AR; (b) any violation of this Terms of Service by you; or (c) any allegation that any content that you make available via Play AR infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. SEGA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SEGA in asserting any available defenses.
13. PROHIBITION OF TRANSFER
You shall not transfer or offer as collateral any of your rights or interests related to the use of Play AR to any third party.
1. Any contact or inquiry you make to SEGA must be done in a manner separately determined by SEGA. 2. Depending on the content of the inquiry, SEGA’s response time to your contact or inquiry may be delayed, and SEGA may not be able to respond on an individual basis.
15. TERMINATION OF SERVICE PROVISION
1. SEGA may terminate Play AR upon 60 days’ notice or notification to you. 2. The notice or announcement in the preceding paragraph shall become effective when SEGA posts it on Play AR. 3. Notwithstanding the provisions of the preceding two paragraphs, if the provision of PLAY AR Service becomes difficult for reasons not attributable to SEGA, Play AR may be terminated immediately with clarification by SEGA on its website of the reason for termination of the provision of Play AR. 4. Upon termination of Service, SEGA shall be exempt from any claim by you with respect to the termination of Play AR, except as may be provided by law.
16．GOVERNING LAW AND JURISDICTION
1. This Terms of Service shall be governed by, and interpreted in accordance with, the law of Japan. 2. If any provision of this Terms of Service is held inoperative under any applicable law, the other provisions of this Terms of Service shall remain in force to the fullest extent not inconsistent therewith. 3. The Tokyo District Court of Japan shall be the exclusive court of first instance for disputes between you and SEGA concerning this Terms of Service and your use of Play AR.
17. FOR RESIDENTS IN THE UNITED STATES AND CANADA –
BINDING ARBITRATION AND CLASS ACTION WAIVER
This Section 17 applies to you if reside in or acquired and use Play AR in the United States or Canada.
A. BINDING ARBITRATION
1. You and SEGA (each a “party” for purposes of this Section, and collectively the “parties”) agree that all claims arising out of or relating to this Terms of Service (including its interpretation, formation, performance and breach), our relationship with each other, or your use of Play AR shall be finally settled solely by binding arbitration unless the claim is within the exceptions described below. THIS TERMS OF SERVICE MEANS THAT YOU AND SEGA AGREE TO NOT HAVE SUCH CLAIMS RESOLVED IN A TRIAL BY A JUDGE OR JURY. This Terms of Service applies to all kinds of claims, including legal, equitable, or statutory claims, under any legal theory or based on any cause of action. It also applies even after you stop using or delete, destroy, or otherwise no longer possess Play AR. If you or SEGA brings a claim in court that is subject to arbitration under this Section, either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator, and not a court, shall have the exclusive authority to decide whether any portion of this Section is valid or enforceable, or whether it applies to a claim. 2. An arbitration proceeding shall be held before a neutral arbitrator and not a judge or a jury, so you and SEGA agree to give up the right to a trial before a judge or jury. An arbitration proceeding has different rules than a lawsuit in a court. For example, arbitration is less formal and usually provides for more limited information sharing between the parties in the process called discovery. After the arbitrator decides the outcome, that decision will be final and you or SEGA will generally not be able to change the outcome in a court. 3. This arbitration provision is made pursuant to a transaction involving interstate commerce, and in the United States the Federal Arbitration Act (the “FAA”) shall apply to the interpretation, applicability, enforceability, and formation of this Terms of Service notwithstanding any other choice of law provision contained in this Terms of Service. 4. You and SEGA agree that the arbitration will be administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. But if there is a conflict between this Terms of Service and the JAMS rules, then the parties hereby agree to follow this Terms of Service. The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules, but shall not incorporate the JAMS Class Action Procedures, and to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. If the filing fee for the arbitration exceeds the cost of filing a lawsuit, SEGA will pay the additional cost. The parties understand that, in some instances, the costs of arbitration could exceed the costs of litigation. Each party will pay its own attorneys’ fees and costs unless the claims allow for to the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under applicable law. If either party unsuccessfully challenges the validity of the arbitrator’s decision or award through a subsequent court case, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the challenge.
The arbitration will take place in Los Angeles County, California, or in the county or province where you reside. You and SEGA agree to submit to the personal jurisdiction of any U.S. federal or state court in Los Angeles County, California, or in any court in such county or province, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
C. CLASS ACTION WAIVER
1. The parties further agree that any arbitration or court proceeding shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. 2. YOU CANNOT BRING A CLAIM AGAINST SEGA AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION OR ANY OTHER COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. 3. AN ARBITRATOR CANNOT COMBINE YOUR CLAIMS AGAINST SEGA WITH ANY OTHER PERSON’S CLAIMS AGAINST SEGA INTO A SINGLE CASE. 4. Exceptions to Terms of Service to Arbitrate: Each party agrees that it will still have the right to go to court to resolve the following claims:
(1) Claims about SEGA’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents). (2) Claims related to piracy or tortious interference. (3) Claims that are not subject to an arbitration with respect to this Terms of Service as a matter of law and are not preempted by federal or national law that would allow for this Terms of Service to be subject to arbitration. (4) Claims in small claims court.
5. Any dispute not subject to arbitration under these exceptions shall be resolved by the court of competent jurisdiction described in this Terms of Service.
D. 30 DAY RIGHT TO OPT OUT
1. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Terms of Service by sending written notice of your decision to opt-out to the following address: SEGA, 6400 Oak Canyon, Suite 100; Irvine, CA 92618, USA; Attn. Legal & Business Affairs Department. The notice must include the following information:
(1) Your full name. (2) Your address. (3) The name of product you purchased and the date you purchased it or, if no purchase was made, the date that you first accessed or used Play AR. (4) All usernames or identifiers you use to access or use Play AR, if any. (5) Your signature.
2. The notice must be sent within 30 days of purchasing Play AR (or if no purchase was made, then within 30 days of the date on which you first access or use Play AR and agree to this Terms of Service); otherwise, you shall be bound to arbitrate disputes in accordance with this Section. If you opt-out of these arbitration provisions, SEGA also will not be bound by them.
When you use Play AR, if this Terms of Service conflict with any other terms of service established by third parties, this Terms of Service, as well as any other of SEGA’s terms of service, shall prevail.
Although Play AR may be accessible worldwide, SEGA makes no representation that Play AR or related materials are appropriate or available for use in your location, and Play AR may not be accessed from jurisdictions where the content is prohibited by local laws. Those who choose to access Play AR from such locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with Play AR is void where prohibited. Without limiting the foregoing, Play AR may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals and Blocked Persons List or the U.S. Department of Commerce Denied Persons List or Entity List. By accessing and using Play ARs, you represent and warrant that you are not located in, under control of, or a national resident of, any such country or on any such list.
Because SEGA would be irreparably damaged if the terms of this Terms of Service were not specifically enforced, you agree that SEGA shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under applicable law.
19. CONTACTING SEGA
If you have any questions about these Terms or any App Store Sourced Applications, please contact SEGA at
SEGA CORPORATION Osaki Garden Tower 1-1-1 Nishi-Shinagawa Shinagawa-ku, Tokyo 141-0033 Japan