Effective: July 21 2020
These Terms and Conditions (“Terms”) govern your use of the online game platform Johren Games, available at (https://www.johren.net and https://www.johren.games) (the “Site”). The Site and all services available through the Site shall be collectively referred to as the “Service.” The Service is provided by Johren. (“Johren,” “we,” “us” or “our”). Please read these Terms carefully as they constitute a legal agreement between you and Johren. By accessing the Service, you acknowledge that you have read and understood these Terms, and agree to be bound by them. If you do not agree with, or cannot comply with, these Terms, you may not use the Service.
Please note the arbitration provision set forth below, which requires you to arbitrate any claims you may have against Johren on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.
In order to use the Service, you must be at least 16 years old. The Service is not intended for children under 16 and we do not knowingly collect personal information from children under 16. In the event that we learn that we have collected personal information from a child under 16, we will delete that information as quickly as possible.
In order to use the Service, you must create an account. You agree to provide truthful and accurate information during the account creation process. You also agree to maintain the accuracy of any submitted information. If you provide any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your account and suspend your use of the Service.
You are responsible for preserving the confidentiality of your account password and will notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used.
Billing: Your account gives you access to certain services, software and content available through the Service. We offer games that are free of charge (“Free to Play”), as well as paid downloadable games. In the case of paid downloadable games, you will make a one-time payment at the time of downloading. In Free to Play games as well as paid downloadable games, you may have the opportunity to make additional in-game purchases to acquire features intended to augment the game experience.
Payment: As discussed, you will be required to pay for certain games and in-game purchases. When you provide payment information, you are providing it to our third party payment processor. By providing any payment information, you represent that you are the authorized user of the card or account associated with that payment method and you authorize Johren/the relevant third party processor to charge you for any fees incurred by you. Our third party payment processor will enable your payment of the applicable charges, which will be inclusive of applicable taxes where required by law, for services, software and content available through the Service. All charges will be enabled by our third party payment processor using the payment method designated in your account, after which you will receive a receipt by email.
You are responsible for all charges incurred through your account, whether by you or otherwise. If you cancel your account, we reserve the right to collect fees, surcharges or costs incurred before cancellation.
Virtual Currency: You acknowledge that in-game purchases and access to paid downloadable games will require fictional credits or “credits” (“Virtual Currency”). To access a paid downloadable game or make an in-game purchase, your account balance must contain the requisite amount of Virtual Currency.
There are two types Virtual Currency used on the Service. Johren Credits (“JC”) are Virtual Currency that will be available for purchase via the payment method described above (see “Payment”). JC can be exchanged for access to paid downloadable games and, in some cases, to make in-game purchases of virtual items for use within particular games (“Virtual Items”). In other cases, JC may be exchanged for Virtual Currency specific to a particular game available on the Service (“In-Game Virtual Currency”). In-Game Virtual Currency may, in turn, be exchanged to access Virtual Items within the relevant game. The amount of Virtual Currency required to access any game or make any in-game purchase will be identified in connection with the relevant game/in-game purchase at the time of purchase.
JC purchased through the Service will be issued by Johren. In-Game Virtual Currency acquired through the Service will be issued by the owner/operator of the particular game, which may be Johren or a third-party affiliate..
EXPIRATION OF IN-GAME VIRTUAL CURRENCY: FOR SOME GAMES AVAILABLE ON THE SERVICE, IN-GAME VIRTUAL CURRENCY WILL BE VALID ONLY FOR A LIMITED PERIOD OF TIME. UNUSED IN-GAME VIRTUAL CURRENCY ASSOCIATED WITH SUCH GAMES WILL BE PERMANENTLY FORFEITED WITHOUT ANY COMPENSATION OR REIMBURSEMENT OF ANY KIND TO YOU. GAMES ON THE SERVICE MAY BE SUBJECT TO DIFFERENT PERIODS OF VALIDITY, WHICH WILL BE INDICATED AT THE POINT OF PURCHASE. BY ACQUIRING ANY IN-GAME VIRTUAL CURRENCY ON THE SERVICE, YOU AGREE TO THE APPLICABLE EXPIRATION PERIOD (IF ANY) AND FURTHER AGREE THAT JOHREN AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN ANY WAY RESULTING FROM THE EXPIRATION OF IN-GAME VIRTUAL CURRENCY. JC WILL NOT EXPIRE AND WILL NOT INCUR FEES FOR NON-USE.
Additional Limitations and Restrictions on Virtual Currency: By using the Service, you acknowledge that Virtual Currency may be used exclusively within the Service to access paid downloadable games and to make in-game purchases. You recognize that Virtual Currency represents a limited license right governed solely under these Terms and is not redeemable for any sum of money or monetary value from Johren, its affiliates, or any other person or entity at any time. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use Virtual Currency in connection with the Service, you agree that you have no right, title or ownership in or to any Virtual Currency.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY AND VIRTUAL ITEMS HAVE NO CASH VALUE AND THAT NEITHER JOHREN NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR VIRTUAL CURRENCY OR VIRTUAL ITEMS FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, REAL CURRENCY, AND THAT IF YOUR ACCOUNT IS TERMINATED, SUSPENDED OR OTHERWISE MODIFIED OR IF YOUR RIGHT TO ACCESS THE SERVICE IS TERMINATED, THE VIRTUAL CURRENCY, VIRTUAL ITEMS AND YOUR ACCOUNT SHALL HAVE NO VALUE.
All purchases of Virtual Currency and Virtual Items are final and non-refundable. By purchasing Virtual Currency or exchanging Virtual Currency for Virtual Items, you are confirming that you want the Virtual Currency/Virtual Item immediately credited to your account. Aside from the authorized exchange of Virtual Currency for access to paid downloadable games or Virtual Items on the Service, you understand that you are prohibited from transferring, trading, or selling any Virtual Currency or Virtual Items to anyone, including among other users of the Service. Johren has the absolute right to manage, regulate, control, modify and/or eliminate Virtual Currency and/or Virtual Items as it sees fit, in its sole discretion.
Retail Purchases: We may also offer game play through the Service in connection with retail versions or original equipment manufacturer versions of our products. If such is the case, your game may be activated by using the code accompanying these purchases.
Refund Policy: We generally offer no refunds for purchases made through the Service, including purchases for Virtual Currency (defined below).
The Service and its content, features, functionality, including, without limitation, information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection, and arrangement thereof (collectively, the “Johren Content”), are the exclusive property of Johren, our licensors, or other content suppliers, and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent. You may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from the Johren Content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Johren or any applicable third party suppliers. Any unauthorized use of the Johren Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.
You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within any content, and you shall abide by all such notices.
Johren provides you with access to the Service pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license. You may use the Service and any accompanying content and services, for your personal, non-commercial use and subject to these Terms. This license is available to you as long as you are not barred from the Service by applicable law and your account is not terminated by Johren or by you. Your license confers no title or ownership in the Service and any accompanying content and services. Johren reserves all right, title, and interest not expressly granted under this license to the fullest extent permissible under applicable laws.
You agree not to use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes our policies, guidelines, rules or the terms and conditions of these Terms. You will not:
Please note additional requirements may also be provided in the terms applicable to a particular game.
Johren reserves the right to take whatever lawful actions it may deem appropriate in response to abovementioned violations and to cooperate with legal authorities in any investigation of any suspected or alleged crime or civil wrong.
Johren assumes no responsibility or liability for third party content available for your use via the Service. If you have questions or concerns about any third party content, please view the websites of the relevant third parties for more information.
The Service may contain links to other websites. Johren is not responsible for the availability of these external sites nor do we endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites.
TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, THE SERVICE AND THE CONTENT THEREIN ARE PROVIDED "AS IS." JOHREN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE OR THE CONTENT OR COMMUNICATIONS ON THE SERVICE, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. JOHREN DISCLAIMS IMPLIED WARRANTIES THAT THE SERVICE AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SERVICE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JOHREN OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
WE DO NOT GUARANTEE THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT IT IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
FURTHER, JOHREN DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SERVICE. UNDER NO CIRCUMSTANCES WILL JOHREN BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SERVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SERVICE.
TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, JOHREN AND ITS AFFILIATES WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF JOHREN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
In addition, when using the Service, information will be transmitted over a medium which is beyond the control and jurisdiction of Johren, its partners, advertisers, and sponsors or any other third party mentioned on the Service. Accordingly, Johren and its affiliates assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Service.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE RELATED TO THE SERVICE IS TO DISCONTINUE YOUR USE OF THE SERVICE. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE EXCEED THE TOTAL AMOUNT THAT YOU PAID TO JOHREN FOR USE OF THE SERVICE DURING A ONE-YEAR PERIOD.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IF YOUR PLACE OF RESIDENCE IS LOCATED IN SUCH JURISDICTION.
Under California Civil Code Section 1789.3, California Websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
These Terms continue to apply to you until terminated in accordance with this provision. Johren may terminate these Terms or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorized use of the Service or non-compliance with these Terms. You may cancel your account at any time. If you or Johren terminate these Terms, or if Johren suspends your access to the Service, you agree that Johren shall have no liability or responsibility to you, and Johren will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
If any provision of these Terms is held to be unlawful, void or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
To the maximum extent permitted by applicable law, by using the Service, you and Johren agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Service, or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute.
Notice shall be sent to us at: International Operation Inc.Both you and Johren agree that this dispute resolution procedure is a condition precedent that must be satisfied before taking any legal action or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and Johren would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable.
You may not assign, transfer, or delegate your rights or obligations within these Terms in whole or in part without our prior written consent. We may freely transfer, assign, or delegate all or any part of these Terms, and any rights and duties hereunder. These Terms shall be binding upon and inure to the benefit of each of the parties, their heirs, successors, and permitted assignees of the parties.
We reserve the right to modify these Terms at any time. We will notify you of any amendments or modifications to these Terms by posting a prominent notice on the Service. Your continued use of the Service after any modifications have gone into effect constitutes your acceptance of such modifications. If you do not wish to continue using the Service under the modified Terms, you may cancel your account.
Except as explicitly stated otherwise, legal notices will be served on Johren at
And to you at the e-mail address you provide to Johren during the account creation process. Notice will be deemed given twenty-four hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you. In such case, notice will be deemed given three days after the date of mailing.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Johren’s Designated Agent. The Name and Address of Agent Designated to Receive Notification of Claimed Infringement:
We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
This is the entire agreement between you and Johren relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
The failure of Johren to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Johren.
You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. Users visiting the Service from countries outside of Japan must agree to abide by all local rules regarding online conduct and acceptable content.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Johren’s performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of Johren’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service.
If you have any questions about the Service or these Terms, please contact us at:
International Operation Inc.