Terms of Use Agreement for the "Pyon Pyon Melmi(ピョンピョンめるみ)" Application

JP / EN

1.
This End-User License Agreement (hereinafter referred to as "this Agreement") is a contract between DreamOnline, Inc. (Japanese name: 株式会社ドリームオンライン, hereinafter referred to as "DreamOnline") and customers who use the application provided by DreamOnline (hereinafter referred to as "this Application"). By installing or using this Application, customers are deemed to have reviewed and agreed to the terms of this Agreement as well as DreamOnline's Privacy Policy (hereinafter referred to as the "Privacy Policy") published on the official website of this Application, and to be bound by them. Customers shall use this Application in accordance with this Agreement. This Application is provided solely as a licensed product, not as a product sold to customers. Furthermore, the terms used in this Agreement may, unless otherwise specifically defined, be based on definitions provided in Japanese copyright law, patent law, or other intellectual property laws.
2.
DreamOnline reserves the right to modify this Agreement at any time without obtaining prior consent from the customer, and the customer agrees to this. Changes to this Agreement will take effect at the time they are published on the official website of this Application or other relevant platforms. DreamOnline will provide notice of such changes on the official website of this Application or other designated platforms for a period that DreamOnline deems reasonable as a prior notice period. Furthermore, by continuing to use this Application after modifications to this Agreement have been made, the customer is deemed to have accepted these changes. This Agreement will automatically apply to revised or updated versions of this Application, which may be released and made available to the customer in the future. (In this Agreement, the term "this Application" includes such revised or updated versions.) Additionally, if companies affiliated with or subcontracted by DreamOnline provide separate terms of use or equivalent provisions regarding this Application, the customer shall comply with such provisions in the same manner as this Agreement. DreamOnline may, using methods specified by DreamOnline (such as descriptions posted on application download sites or on the official website of this Application accessible via the Application, hereinafter referred to as the "Official Website of this Application"), publish individual provisions or additional provisions related to this Agreement. These individual provisions and additional provisions shall be integrated with this Agreement. However, if any inconsistency arises between this Agreement and the individual or additional provisions, the individual or additional provisions shall take precedence to the extent of such inconsistency.

1.Grant of License
DreamOnline grants the customer a limited, non-exclusive, and non-transferable license to install and use this Application solely for non-commercial purposes on a single mobile device, subject to the terms specified in the Terms of Use of the application download site (hereinafter referred to as the "Sales Service Terms of Use"). The rights granted to the customer are conditional upon the customer’s compliance with this Agreement. Any commercial use of this Application is strictly prohibited. The customer is strictly prohibited from sublicensing, renting, leasing, transferring, or otherwise distributing this Application or the license to use it. Additionally, the customer shall not publicly transmit (including enabling transmission), distribute, or adapt any information or messages obtained through this Application. The term of this Agreement begins when the customer installs or uses this Application and ends upon either the disposal of the Application by the customer or the termination of this Agreement by DreamOnline, whichever occurs earlier. If the customer attempts to circumvent any technical protection measures of this Application, the customer's license to use the Application will terminate immediately.
2.Reservation of Rights
The customer acquires only a usage license for this Application, which is subject to the restrictions set forth in this Agreement. Except for the rights explicitly granted to the customer under this Agreement, DreamOnline retains all rights, titles, and interests in and to this Application (including, but not limited to, all characters, storylines, images, photographs, animations, videos, music, texts, and other content within the Application), as well as all associated copyrights, trademarks, and other intellectual property rights. All rights not expressly granted under this Agreement are reserved by DreamOnline.
3.Additional Restrictions
The customer’s rights to use this Application are limited to the license granted above. Unless explicitly permitted under this Agreement or with prior authorization from DreamOnline, the customer may not reproduce, display, disable, distribute, perform, publish, modify, or use this Application, or create derivative works based on this Application. Additionally, unless explicitly authorized by DreamOnline, it is prohibited to make copies of this Application available on a network for use by multiple customers. The rights granted to the customer under this Agreement pertain solely to the intellectual property rights related to this Application owned by DreamOnline and its licensors, and do not include any license to other patents or intellectual property. Except as permitted by law, the customer shall not decompile, disassemble, or reverse-engineer this Application or any part of it. The customer may not remove, modify, or obscure any product identifiers, copyright notices, intellectual property notices (including trademarks or logos), or any other indications provided by DreamOnline on this Application. If the use of this Application involves utilizing the rights of a third party and the third party imposes terms of use that the customer must comply with, the customer agrees to abide by such terms of use when using this Application.
4.Access to this Application
The customer is responsible for providing and bearing the cost of the equipment, internet connection, mobile device, and service plan required to access and use this Application. DreamOnline does not guarantee that this Application can be accessed from all wireless devices or through all wireless service plans, nor does it guarantee uninterrupted or flawless service provided by any wireless carrier. Additionally, DreamOnline does not guarantee that this Application will be available in all regions. The customer acknowledges that their wireless carrier may charge fees for data, messaging, or other wireless access when using this Application. The customer should check with their wireless carrier regarding applicable fees. All costs incurred in accessing this Application from the customer’s mobile device are the sole responsibility of the customer.
5.Customer Contributions
If explicitly permitted within this Application or on the official website of this Application, the customer may provide contributions (including any ideas or creations, hereinafter referred to as "Contributions") related to this Application and the products and services associated with it. In the event that any copyrights or other intellectual property rights (including rights to receive intellectual property protection, hereinafter collectively referred to as "Intellectual Property Rights") arise from such Contributions, the customer, by this Agreement, grants DreamOnline an exclusive, perpetual, irrevocable, fully transferable, sublicensable, and worldwide right and license to use such Contributions in any manner and for any purpose related to this Application and its associated products and services. This license includes the rights to reproduce, adapt, modify, perform, display, publish, broadcast, record, screen, distribute, publicly transmit, or otherwise communicate and disseminate the customer’s Contributions to the public by any means, whether currently known or developed in the future, throughout the full duration of Intellectual Property Rights protection as granted by laws and treaties. The customer agrees that no notice or compensation is required for such use by DreamOnline and explicitly waives any such requirements, even where notification or compensation is mandated by law. Furthermore, the customer waives all moral rights and other personal rights concerning their Contributions in relation to DreamOnline and other users of this Application and its associated products and services, under applicable laws. This waiver and the license granted to DreamOnline survive the termination of this Agreement. The Contributions granted by the customer must be solely conceived, invented, or created by the customer. In the event that DreamOnline receives any claims or demands from co-contributors, co-inventors, co-creators, or any third parties asserting intellectual property rights over such Contributions, the customer agrees to indemnify DreamOnline and resolve such claims or demands at their own cost and responsibility.

1.Consent for Data Usage
To facilitate product support and other services provided to the customer, the customer agrees, by this Agreement, that DreamOnline may collect, use, store, and transmit technical and related information that does not personally identify the customer, including information about the customer’s mobile device, operating system, application software, and peripheral hardware. DreamOnline may also collect and store statistical data regarding the use of this Application and other related services (collectively referred to as "the Services") in a non-personally identifiable manner. DreamOnline may aggregate and use this information in a form that does not personally identify the customer to improve its products and services. Additionally, DreamOnline may share anonymous aggregated data with its affiliates and third-party service providers. All data collected from the customer will be handled in accordance with the Privacy Policy published on the official website of this Application. In the event of any inconsistency between this clause and the provisions of the Privacy Policy, the provisions of the Privacy Policy shall take precedence. The customer is advised to read the Privacy Policy before agreeing to this Agreement. By agreeing to this Agreement, the customer is deemed to have also agreed to the Privacy Policy.
2.Disclosure of Data
When the customer uses the Services online (including when playing games online, downloading, or uploading content), DreamOnline may collect, use, store, transmit, and disclose statistical data related to the Services (including scores, rankings, achievements, registered nicknames, usernames, and comments posted about DreamOnline or this Application). DreamOnline may also associate content created or shared by the customer in collaboration with other players with the customer. Any data that personally identifies the customer will be collected, used, stored, and transmitted in accordance with the Privacy Policy. DreamOnline reserves the right to disclose or provide information related to the customer—such as login information, mobile device information, and service connection information—to courts, prosecutors' offices, police, local governments, or other authorized entities recognized by applicable laws or ordinances, without the customer’s permission, when DreamOnline determines that such action is necessary for the following purposes:
・Protecting the rights and property of DreamOnline;
・Safeguarding human life, physical safety, or property from criminal activity; or
・Ensuring the sound development and protection of children.

This Application may include features that display advertisements provided by third parties. These advertisements may be uploaded to the customer’s mobile device periodically and updated while the customer is using the device online. While the customer uses this Application, DreamOnline or the respective advertisement providers may display relevant advertisements on this Application and use information obtainable from the customer’s mobile device, such as age and gender, to calculate the number of advertisement views. The data obtained from the mobile device may include information such as the IP address, product identification number of the mobile device, manufacturer, model, location, advertisement display duration and size, and, if the customer views the advertisement, the response to such viewing. This data will only be shared in a non-identifiable form, and only aggregated numbers will be disclosed to entities other than the advertisement providers and their authorized transferees permitted by DreamOnline.

If the use of this Application requires a fee, the customer is permitted to use the services of this Application in accordance with this Agreement only after paying the usage fee specified by DreamOnline. The payment methods vary depending on the service. Details regarding the usage fees and payment methods are defined in this Application or on the official website of this Application. Once paid, the usage fees are non-refundable, except where DreamOnline explicitly agrees or provides instructions otherwise. The customer agrees to pay all charges incurred in connection with the use of the services, including any charges that remain unresolved due to disputes. The customer does not have the right to withhold payment for any reason. DreamOnline reserves the right to change the usage fees or billing methods for the services at any time. Such changes become effective when the notification of the change is published on the official website of this Application. DreamOnline will provide notice of changes to usage fees or billing methods for a period deemed reasonable by DreamOnline as an advance notice period, through this Application or its official website. The customer explicitly acknowledges that any fees charged for the use of this Application under the agreement with DreamOnline will not be refunded, even if the customer is unable to use the Application due to interruptions or defects in the communication or internet connection services contracted by the customer, including free services.

1.Prohibited Acts
When using the services, the customer shall not engage in any actions that fall under or may potentially fall under the following categories (collectively referred to as "Prohibited Conduct"). If DreamOnline determines that the customer has engaged in Prohibited Conduct, it will be considered a serious violation of this Agreement. In such cases, DreamOnline may, without prior notice, explanation, or disclosure of reasons, take actions including but not limited to: deleting the relevant content, issuing warnings or notices, deleting data transmitted or displayed by the customer, temporarily or permanently suspending all or part of the customer’s access to the services, or deleting the customer’s membership registration.
Prohibited Conduct includes: 2.Suspension of Use
DreamOnline reserves the right to temporarily or permanently suspend all or part of the customer’s access to the services if more than one year has passed since the customer last used the services.

This Agreement shall remain in effect until terminated. The rights granted to the customer under this Agreement will be automatically and immediately terminated without notice from DreamOnline if the customer fails to comply with any of the terms and conditions of this Agreement (including, but not limited to, the prohibited acts outlined in the preceding section). Upon termination, the customer must immediately cease using this Application and destroy all copies of this Application in their possession or under their control. Termination does not limit DreamOnline’s ability to seek any other remedies, rights, or claims for damages as permitted by law. The provisions of Sections 7 through 11 of this Agreement shall survive any termination or expiration of this Agreement for any reason.

1.Disclaimer of Warranties
This Application is used at the customer’s own risk. Unless otherwise required by law, this Application is provided "as is," with no warranties of any kind, including but not limited to warranties of defect-free operation or functionality. DreamOnline and its licensors (collectively referred to as "DreamOnline Parties") make no explicit, implicit, or statutory warranties regarding the state of this Application, its uninterrupted operation, merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement of third-party rights. Additionally, no warranties arise from any course of dealing, usage, or trade practices, if applicable. DreamOnline Parties do not guarantee that the customer will encounter no issues while enjoying this Application. For example, DreamOnline does not warrant:
That this Application will meet the customer’s requirements;
That the functions of this Application will be uninterrupted or error-free;
That this Application will interoperate with or be compatible with other applications;
That any errors in this Application will be corrected; or
That this Application can be reinstalled and used on the same or multiple communication devices.
DreamOnline does not guarantee that any data created by the customer in connection with the use of this Application (including, but not limited to, game points or other data) will not be lost. Any oral or written advice provided by DreamOnline Parties or their authorized representatives or employees does not constitute a warranty.
2.Limitation of Liability
Under no circumstances shall DreamOnline Parties be liable to the customer for any injuries, property damage, lost profits, costs of substitute goods or services, data loss, loss of goodwill, business interruption, equipment failure or malfunction, or any other direct or indirect, special, incidental, consequential, or punitive damages arising out of or related to this Agreement or the use of this Application. This applies regardless of whether such damages arise from tort (including negligence), contract, strict liability, or any other legal theory, and irrespective of whether DreamOnline Parties have been advised of the possibility of such damages.
3.Exceptions Under Applicable Laws
Regarding the preceding two sections, certain jurisdictions do not allow the exclusion or limitation of liability for death, personal injury, fraudulent misrepresentation, specific intentional or negligent acts, violations of particular laws, or incidental or consequential damages. In such cases, the exclusions and limitations outlined above may not apply to customers in those jurisdictions to the extent that they conflict with applicable laws or court decisions governing such jurisdictions.
4.Limitation of Total Liability
If DreamOnline Parties are found liable to the customer, under no circumstances shall the total liability of DreamOnline Parties to the customer for all damages exceed the actual amount paid by the customer for this Application, unless otherwise required by law. If the use of this Application or its services is provided free of charge, DreamOnline Parties shall not bear any monetary liability to the customer under any circumstances.

The customer agrees that the provisions of Section 8, which limit the liability of DreamOnline, constitute the most essential terms of this Agreement.

1.Severability and Survival
If any provision of this Agreement is deemed illegal, invalid, or unenforceable under applicable law, the remaining provisions shall be revised and interpreted to preserve, as closely as possible, their original intent and effect. All other provisions of this Agreement shall remain in full force and effect.
2.Injunctive Relief
The customer acknowledges that a breach of this Agreement would cause irreparable harm to DreamOnline, for which monetary damages would not constitute an adequate remedy. The customer agrees that DreamOnline may seek interim relief (such as an injunction) to restrain such a breach without the need to post a bond or other security or prove damages, in addition to any other remedies available under this Agreement or applicable law.
3.Governing Law and Jurisdiction
This Agreement and the customer’s use of this Application shall be governed by the laws of Japan, excluding its conflict of law principles. The customer expressly agrees that any litigation arising out of or relating to this Agreement or the customer’s use of this Application shall be subject to the exclusive jurisdiction of the Hiroshima District Court or the Hiroshima Summary Court. The customer further agrees not to raise any objections to these courts' jurisdiction. Both parties agree that the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any disputes or transactions arising from it.
4.Entire Agreement
This Agreement constitutes the entire agreement between the customer and DreamOnline concerning this Application, unless otherwise specified within this Agreement. It supersedes all prior or contemporaneous understandings regarding the matters covered herein. A party’s failure or delay in exercising any rights or powers under this Agreement shall not be construed as a waiver of those rights or powers.

For questions or feedback regarding this Agreement, please contact us via the "Contact Us" section on the official website of each application.
Appendix
This Agreement shall come into effect on June 13, 2025.


Note: This Agreement was originally written in Japanese. In the event of any inconsistency or discrepancy between the English translation and the original Japanese version, the Japanese version shall prevail.