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MLB Manager Online Closed Beta Test Subscription Terms

If you desire to participate in the "MLB Manager Online Closed Beta Test" (the "CBT") for "MLB Manager Online" (the "Game") operated by Sega Corporation (the "Company"), please read and agree to the terms of this agreement (the "Agreement"). (A person or persons who participates in the CBT shall be the "Participant.").

1. Requirements for Participation and Application
  1. This Agreement sets forth the requirements for participation and application of the CBT. If you agree with the terms of this Agreement, click the button "I agree to this Agreement and apply" to proceed with the procedures for participation and application. If you click the button "I agree to this Agreement and apply," you shall be deemed to understand and agree to this Agreement.
  2. After agreeing with the terms of this Agreement, please read the "Program License Agreement" posted on the official site of the CBT operated by the Company (http://mlbmanageronline.com; hereinafter referred to as the "Site"). Only the Participant who has agreed thereto is entitled to participate in the CBT.
  3. The Participant’s consent and acceptance to the terms of this Agreement are the prerequisite for participation in the CBT. If the Participant is a minor, he/she shall obtain the consent of his/her parents (or legal representative such as person with parental authority) before consenting to this Agreement. If you do not agree with the terms of this Agreement, please withdraw from participation in the CBT.
  4. The Company may change this Agreement without obtaining a prior consent of the Participant and an applicant, and a change in this Agreement shall become effective when it is announced on the Site unless otherwise provided for.
  5. The Participant shall regularly visit the Site and check the contents of the Site and/or change in this Agreement. The Company shall not be liable for any and all damage suffered by the Participant for failing to check this Agreement and changes thereof , or the contents of the Site.
  6. Those who consent and accept to this Agreement who are elected by lot arranged by the Company, and who meet all of the following requirements can participate in the CBT. Please note that those who are ineligible for participation cannot participate in the CBT.
    1. i. those who can answer the questionnaires scheduled to be distributed at the time of application of and during the CBT ;
    2. ii. those who reside in United States and Canada;
    3. iii. those who have personal computer and network environment satisfying the recommended operating environment (the details of the operating environment is shown on the guide screen at the time of application);
    4. iv. those who have e-mail address by which you can surely send, receive and check e-mails;
    5. v. those who can bear Internet connection fee, etc. necessary for participation in the CBT (Participation in the CBT is free of charge.); and
    6. vi. those who actively participate in the CBT.
2. Incompleteness of CBT and Program Used for CBT
  1. The CBT is designed to perform a demonstration test of the online game system and the systems pertaining thereto by using a program under development for the purpose of collecting information and evaluating for the completion of the online game service and services pertaining thereto for the Game which the Company plans to offer in United States and Canada,
  2. The program to be used for the CBT (the “Program”) is under development, and therefore, it is highly probable that any bug or defect exists and any error occurs due to the nature thereof. The Participant shall fully consider such probability and select the terminal from which he/she will participate in the CBT, and take precautions including backup of data stored in such terminal before participating in the CBT at his/her responsibility.
  3. The Participant acknowledges and agrees that any reliance on or use by Participant of any information available on the CBT Site shall be entirely at Participant’s own risk. In no event shall Company be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of the CBT Site.
3. Information pertaining to CBT and Information from Participant
  1. The copyrights and other intellectual property rights concerning information to be provided through the CBT shall belong to the Company or a duly authorized third party, and shall constitute the Company’s confidential information as non-public information before being disclosed to the open market. The Participant shall keep and maintain confidential any and all information obtained through participation in the CBT, and shall not disclose or divulge the same to any third party nor shall he/she use the same for any purpose other than participation in the CBT without obtaining a prior consent of the Company, except the cases where such information enters the public domain or disclosure thereof is required by laws and ordinances.
  2. The Participant shall grant to the Company the free-of-charge and non-exclusive right and license to reproduce or distribute any information posted or otherwise provided by the Participant to the Company in the CBT. If the Participant provides the Company with any proposal including projects or ideas concerning goods or marketing, the Company and its group companies may use such proposal without charge and without any obligation to evaluate, deliberate, adopt or keep confidential such proposal.
4. Participation in CBT
  1. In participating in the CBT, the Participant shall comply with the provisions of this Agreement, and other particulars and details separately designated by the Company. The period of the CBT shall be separately designated by the Company.
  2. To participate in the CBT, the Participant is required to use Internet browser and connect to the web site for the CBT separately designated by the Company (the "CBT Site") via Internet. The Company may set or change the operational hours of the CBT Site at its sole discretion.
  3. Installation and setting of equipment, establishing of communication environment, payment of expenses necessary for the participation in the CBT and connecting to the CBT Site under whatever name, including, but not limited to, preparation of communication devices, setting of communication environment, contract with a provider, provider fee, telephone charge, telecommunication fee, shall be carried out and borne at the Participant's responsibility and expense. The Company shall be not responsible for said costs including any damage to the Participant’s or any other person's computer as a result of using the CBT Site or any costs or any problems including any damage to the Participant or any other person as a result of unauthorized use by the Participant.
5. Participant's Personal Information
  1. In conducting the CBT, the Company may request the Participant to provide and/or register his/her personal information in the manner separately designated by the Company.
  2. The Participant hereby agrees that personal information provided by the Participant may be shared between the Company and licensor of the Company, Major League Baseball Players Association ("MLBPA").
  3. The Company may use the Participant's personal information only to the extent necessary for the CBT and the services pertaining thereto; its internal use such as preparation of marketing materials; announcement of information relating to the CBT and formal services (including advertisement and e-mail magazine from the Company or third parties); and services to handle failures and questionnaire, etc.; and securing the Company's rights. MLBPA may disclose the Participant's personal information only in-house and to its contractors including its technical partners, and may use the same only to the extent that it is required for the marketing and promotional purposes.
  4. The Company may outsource the management of the personal information provided and/or registered by the Participant to the third party designated by the Company to the extent necessary for the use stated in the preceding paragraph, subject to imposing on such third party an obligation to manage the personal information properly.
  5. The Company shall not disclose or divulge any personal information provided by the Participant to any third party without obtaining a prior consent of the Participant, unless otherwise expressly stated in this article or in any of the following cases:
  6. if disclosure is required by laws or ordinances;
  7. if disclosure is required by a duly authorized person;
  8. if it is necessary to disclose the personal information in order to protect or restore the Company's rights from an urgent or unfair infringement; or
  9. if the personal information is provided to a transferee as a result of the transfer of the business concerning the Game in the form of business succession or otherwise.
  10. The Participant may request that his/her information be modified or corrected to a reasonable extent in the manner separately designated by the Company.
  11. The Participant has also read and agrees to all of the terms and conditions of Company’s Privacy Policy located at [http://mlbmanageronline.com/en/teaser/support/privacypolicy/], which is applicable to the personal information the Participant provides to the Company through any and all transactions on the CBT Site.
6. Account, etc.
  1. The Participant shall not allow any third party to use the Participant's accounts such as ID and password to be used for participation in the CBT. The Participant shall be liable for the use and management of the accounts.
  2. The Company shall not be liable for any and all damage suffered by the Participant arising from the use by any third party of the accounts stated in the preceding paragraph unless the Company is intentional or grossly negligent.
  3. The participation in the CBT using the accounts, etc. managed by the Participant and the results thereof shall be the sole responsibility of such Participant.
7. Prohibition of Cheating and Illegal Acts, etc.
  1. In participating in the CBT, the Participant shall not conduct any of the following acts ( the "Cheating, etc."):
    1. i. Falsification or illegal preparation of online game data;
    2. ii. Acts other than anticipated or permitted in advance as online game;
    3. iii. Other intentional change in the contents, storyline and structure, etc. of online game including change of its original operation or story during participation in the CBT; or
    4. iv. Spoof as an employee or customer support staff of the Company.
  2. Whether during participation in the CBT or not, the Participant shall not distribute (including making transmittable form) any and all programs or data enabling the Cheating, etc. to any other Participant or a third party nor disclose any and all information concerning the Cheating, etc.
  3. The Participant shall not use such defect as may exist in the Program or the CBT Site for the purpose of illegally gaining an advantage in the Game.
  4. The Participant shall not intentionally attempt to modify, or reverse engineer or decode any and all data and message to and/or from the CBT Site.
8. General Prohibitions

In participating in the CBT, the Participant shall not conduct any of the following acts:

  1. Acts that are against public policy such as indecent or discriminatory expression or act;
  2. Acts that constitute or result in a crime;
  3. Acts that infringe the rights of other Participant or a third party (including, but not limited to, the right to dignity, right of privacy and copyrights);
  4. Business activities (including, but not limited to, solicitation), pre-election campaign or other political activities, or missionary works or other religious activities;
  5. Acts that violate or are likely to violate laws and ordinances (including codes that officially bind the Participant such as laws, treaties, cabinet orders, ordinances or otherwise under whatever name);
  6. Any other acts that interfere with or are likely to interfere with the operation of the CBT and the CBT Site including community functions to be performed pertaining to the CBT;
  7. Falsification of the CBT Site, the Program, storage area on the computer used to connect thereto, or information on the telegraphic message used for telecommunication;
  8. Unauthorized use, or disclosure, leakage, resale, transfer or lending to a third party, or pledging, of account, etc.;
  9. Any other use of the CBT or the Program in any manner which the Company does not initially intend;
  10. Violation of any provision of this Agreement;
  11. Falsification of all or a part of information provided through the CBT;
  12. Unauthorized access to the unpermitted facilities of the Company, and browse, reproducing or falsifying data in the Company's facilities;
  13. Violation of any law, ordinance or regulation or any threat thereof;
  14. Acts that stir the gambling spirit of other Participant;
  15. Acts with the purpose of receiving money and goods such as donation, charitable contribution or offering, or soliciting for funds;
  16. Acts with the purpose of collecting information concerning other Participants;
  17. False declaration of account registration application;
  18. Transmitting a harmful text, data or computer program, etc. to the Company, other Participants or a third party; or
  19. Such other acts as the Company may deem inappropriate.
9. Disclaimer of Warranty
  1. The performance of the CBT and all information contained on, downloaded or accessed from the CBT Site are provided to the Participant “AS IS”, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. THE COMPANY DOES NOT WARRANT THAT THE CBT IS AVAILABLE FOR PARTICIPATION IN ANY AND ALL CIRCUMSTANCES.
  2. The CBT is conducted for the purpose of a demonstration test, and is provided on the condition that it may contain any defect in correctness, completeness, availability, reliability or harmlessness, etc. due to the nature thereof. The performance of the CBT and all information contained on, downloaded or accessed from the CBT Site are provided to the Participant “AS IS”, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. THE COMPANY DOES NOT WARRANT AS TO THE CORRECTNESS, COMPLETENESS, AVAILABILITY, RELIABILITY OR HARMLESSNESS, ETC. OF THE CBT.
10. Save Data
  1. THE COMPANY DOES NOT WARRANT THAT THE PARTICIPANT'S HISTRY OF ONLINE GAME (SAVE DATA) ARE STORED OR READ OUT WITHOUT ANY FAULT.
  2. The Company may change or delete the Participant's history of online game (save data) without obtaining the Participant's prior consent if the Company deems it necessary for a demonstration test. Further, after the CBT terminates for any reason whatsoever, the history of online game shall be deleted.
11. Interruption and Termination of CBT
  1. The Company may temporarily interrupt the CBT at its discretion without any prior notice to the Participant for the purpose of a demonstration test and other verification, etc.
  2. Notwithstanding the provision of paragraph 1 of Article 4 of this Agreement, the Company may terminate the CBT at its discretion without giving any prior notice.
  3. Even in the case of delay, interruption or termination of the CBT pursuant to the preceding two paragraphs, the Company shall not be liable for any and all damages suffered by the Participant therefrom.
12. Notice and Communication
  1. The Company shall provide notice, correspondence and support concerning the CBT, the CBT Site and the Program in the English language only.
  2. The Company may restrict access to the CBT and the CBT Site only from the terminals within United States and/or Canada or the terminals loading a English-language operating system.
  3. If the Company needs to notify or communicate with the Participant, it will do this by making announcement or displaying message on the Site, or sending an e-mail. If the Participant changes in his/her registration contents, he/she shall promptly notify the Company of such change in the designated manner.
  4. The Participant shall regularly check notices and communication from the Company posted on the Site or message display, or sent by e-mail.
  5. If the Participant needs to contact the Company, he/she shall contact us from the posting form on the Site. We decline to answer to communication and inquiries by phone call or visit.
  6. The Company may decline to individually attend to questions and inquiries from the Participant in accordance with the statement on the posting form.
13. Limitation of Liability for Damages
  1. The Company shall have no obligation for any damage suffered by the Participant arising out of or in relation to his/her participation in the CBT, use of the CBT Site and the Program, except for a case where such damage is recognized to arise due to any fault or negligence of the Company even taking into consideration that the Program and the CBT Site are operated for a test purpose and under development.
  2. If the Company is recognized liable for damage, the scope of the compensation shall be limited to the direct and actual damage suffered by the Participant as a result of his/her use of the CBT Site, or participation in the CBT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGE ARISING OUT OF SPECIAL CIRCUMSTANCES, LOSS OF PROFITS, INDIRECT DAMAGE OR OTHER DAMAGES, WHETHER THE COMPANY CAN FORSEE SUCH DAMAGES OR NOT UNLESS THE COMPANY IS INTENTIONAL OR GROSSLY NEGLIGENT.
14. Measures against Violation

If the Participant violates any provision of this Agreement, the Company may immediately prohibit the Participant from participating in the CBT thereafter. In this case, the Participant may not participate in the CBT, and shall be subject to the measures chosen by the Company at its discretion, including, but not limited to, being prohibited from accessing to the CBT Site.

15. General Provisions
  1. This Agreement, including the execution, effect, interpretation and implementation hereof, shall be governed by the laws of the State of California, and any matter not stipulated in this Agreement shall be complied with the laws of the State of California.
  2. Even if a part of this Agreement is held to be invalid by any forcible provision of the consumer protection laws and ordinances and other forcible provisions, the remaining parts of this Agreement shall remain effective to the maximum extent not contrary thereto.
  3. Any dispute arising between the Participant and the Company in relation to this Agreement shall be submitted to the exclusive jurisdiction of the State of California in the first instance.

Sega Corporation
1-2-12 Haneda, Ohta-ku, Tokyo, Japan

Revised on January 6, 2011

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