Terms of Service for “Exotic Poker”
Introduction
The use of “Exotic Poker,” including the software, network-based services, and related services (collectively, the “Service”), is subject to the following terms established by Kaname Hirano (the “Provider”). Agreement to these Terms is a prerequisite for the Provider to grant permission to use the Service. If a user violates any part of these Terms, the Provider may suspend or terminate the user’s access to the Service without prior notice.
If the user is a minor or otherwise has limited legal capacity, consent from a legal guardian (such as a parent) must be obtained before agreeing to these Terms.
Article 1: Terms
- These Terms include rules and regulations displayed on the Provider’s official “Exotic Poker” website and related websites, as well as any other agreements separately concluded in writing or electronically between the Provider and the user.
- If the above-mentioned rules, regulations, or agreements differ from these Terms on the same matter, those rules or agreements shall take precedence.
- The Provider may revise these Terms as necessary. Such revisions shall take effect once posted on the official website, and users shall be deemed to have accepted the revised Terms at the time they next use the Service after the posting.
- If a user does not agree to the revised Terms, they must immediately cease use of the Service.
- Users acknowledge that these Terms may be modified as set forth above and are expected to periodically review the contents posted on the official website.
Article 2: Rights of the Provider
- The Provider may send users notifications, advertisements, or similar information electronically in connection with the Service.
- The Provider may display third-party advertisements or promotions electronically to users.
- To improve the Service and prevent violations of these Terms, the Provider may, within necessary and limited scope, monitor software activity or content posted within the Service.
- To improve the Service, the Provider may collect communication data and usage logs when users access network services through the application.
Article 3: Use of the Service, Scope of Provision, Modification, Suspension, and Termination
- Users shall prepare, at their own cost and responsibility, all communication devices and related equipment necessary to use the Service, and connect to the Service via their own Internet service provider.
- After providing the Service, the Provider may modify its contents to fix bugs or improve usability. Except in cases of minor or urgent modifications, users will be notified in advance.
- The Provider may temporarily suspend all or part of the Service without notice to users under the following circumstances:
- (1) Periodic maintenance of equipment related to the Service
- (2) Fire, power outage, or other unforeseen accidents that prevent provision of the Service
- (3) Natural disasters such as earthquakes, eruptions, floods, or tsunamis
- (4) War, unrest, riots, or labor disputes making the Service difficult to provide
- (5) Suspension of telecommunications carrier services
- (6) Termination of contracts with third parties essential to the Service
- (7) Any other operational or technical necessity as determined by the Provider
- The Provider may terminate all or part of the Service with prior notice. However, if termination is due to causes beyond the Provider’s control, it may do so without notice.
Article 4: Grant of License
- The Provider grants a license to use the application once downloaded and launched.
- If creating an account, users must provide accurate and up-to-date information and must not transfer, lend, or share their accounts.
- The Provider may suspend or delete accounts without prior notice if users violate these Terms.
- For minors, any use or purchases made are deemed to have parental/guardian consent, and the guardian bears full responsibility.
- The Provider may refuse service to users who fall under disqualification criteria (e.g., organized crime groups, antisocial forces, or individuals deemed inappropriate).
- (1) Persons previously sanctioned for violating these Terms
- (2) Members or affiliates of organized crime groups, companies related to such groups, or other antisocial forces
- (3) Persons deemed by the Provider unsuitable for use of the Service
Article 5: Intellectual Property Rights
- All intellectual property rights (copyrights, patents, utility models, designs, trademarks, and associated rights) regarding the Service belong to the Provider or third parties authorized by the Provider. Users must not reproduce, transfer, lend, translate, modify, repost, transmit, distribute, publish, or use for business without permission.
- The Provider grants users a non-transferable, non-sublicensable, non-exclusive license solely for use of the Service under these Terms.
- The Provider makes no warranties and assumes no responsibility regarding third-party intellectual property rights.
- Users grant the Provider a perpetual, royalty-free license to use any content they provide within the Service to the extent necessary for operation.
- Users waive their moral rights of authorship in connection with the above.
Article 6: User Responsibilities
- Users are solely responsible for all information and actions they generate in connection with the Service.
- Users must regularly review notices regarding changes to these Terms or the Service.
Article 7: Prohibited Acts
- Users must not engage in the following acts when using the Service:
- (1) Acts that violate laws
- (2) Acts that violate these Terms
- (3) Impersonation of the Provider or third parties, or misrepresentation of affiliation
- (4) Modification of the Service
- (5) Unauthorized access to Provider’s or third-party facilities, or interference with operation
- (6) Transmission of viruses or harmful programs, or data that may interfere with the Service
- (7) Development, distribution, or use of unauthorized external programs, cheats, or similar tools
- (8) Exploitation of bugs or glitches for improper purposes
- (9) Exchange or trade of Service-related items for real-world currency, securities, or goods
- (10) Redistribution, lending, or resale of the Service
- (11) Failure to comply with legal requirements (permits, notifications, etc.)
- (12) Providing benefits to antisocial forces
- (13) Other acts deemed inappropriate by the Provider
- (14) Attempts, equivalents, or guidance to perform the above acts
- When posting information through the Service, users must not:
- (1) Collect or disclose others’ personal information without consent
- (2) Infringe intellectual property, privacy, or publicity rights of others
- (3) Defame, insult, or commit fraud or other crimes
- (4) Transmit or display child pornography or child abuse content
- (5) Engage in stalking or related illegal conduct
- (6) Open or solicit pyramid schemes
- (7) Conduct electioneering or similar activities
- (8) Violate other laws or public order and morals
- (9) Hinder proper understanding or operation of the Service
- (10) Use the Service for dating, religious solicitation, or antisocial activities
- (11) Send spam, harassing emails, or chain mail
- (12) Conduct business or profit-making activities
- (13) Falsely claim affiliation, sponsorship, or authorization
- (14) Post cheats or encourage behavior inconsistent with the Service’s purpose
- (15) Attempts or equivalents of the above acts
Article 8: Multiplayer Functionality
- The Service may provide “multiplayer functions” allowing simultaneous play between users.
- Users are responsible for their own network environments and bear all communication costs.
- The Provider assumes no liability for disputes between users (e.g., latency, cheating, disagreements over results). However, restrictions or account suspension may be applied if necessary.
- Rankings, match results, and similar data may be stored, but their completeness or permanence is not guaranteed.
Article 9: Paid Content (In-App Purchases)
- The Service is generally free of charge, but certain items/features may be purchased.
- Some multiplayer functions may be provided as paid content.
- Purchases are subject to the applicable app store’s rules.
- No refunds will be made except as required by law.
- Purchases by minors are deemed to have guardian consent.
Article 10: Privacy and Personal Information
- The Provider handles user information in accordance with a separately established Privacy Policy.
- By using the Service, users consent to the collection and use of such information.
Article 11: Measures Against Violations
- The Provider may take measures such as warnings, suspension, account deletion, or claims for damages if a user violates these Terms.
- In multiplayer, misconduct (unauthorized access, use of external tools, multi-account manipulation, etc.) may result in account suspension, deletion, or exclusion from rankings without notice.
- The Provider bears no responsibility for damages resulting from such measures.
Article 12: Disclaimer
- The Provider is not liable for user expenses (e.g., Internet fees) due to changes, suspension, or termination of the Service.
- Users are responsible for confirming recommended operating environments. The Provider makes no guarantees outside such environments.
- The Service is provided “as is” without warranty of completeness, accuracy, usefulness, or fitness for purpose.
- The Provider assumes no responsibility for information obtained via the Service.
- The Provider is not liable for disadvantages caused by simultaneous use of other applications.
- The Provider does not guarantee continuous availability of the Service.
- The Provider is not responsible for loss of user data.
- Even if liability arises, the Provider’s responsibility is limited to ordinary, direct damages, excluding special, incidental, indirect, or consequential damages. Liability exists only in cases of intent or gross negligence, within the limits of applicable law.
- The Provider assumes no responsibility for latency, disconnection, or synchronization issues in multiplayer functionality.
Article 13: Communication with Users
- Notices, communications, and support will be provided in Japanese or English.
- Users must contact the Provider only through designated methods. Responses may not always be given.
Article 14: Governing Law and Jurisdiction
- These Terms shall be governed by Japanese law. Disputes shall be resolved in good faith negotiations.
- If unresolved, disputes shall be submitted to the exclusive jurisdiction of the Tokyo Summary Court or Tokyo District Court.
- These Terms shall be interpreted under Japanese law.
Enacted: September 1, 2025