MLB Manager Online Open Service Terms

By participating in the "MLB Manager Online Open Service" (the "OPEN SERVICE") for the online video game "MLB Manager Online" (the "Game") operated by Sega Corporation (the "Company") in Japan and the other areas designated by the Company (the "Service Areas"), you agree to the terms of this agreement (this "Agreement") and to the MLB MANAGER ONLINE GAME" SERVICE TERMS OF USE, which can be found at [http://mlbmanageronline.com/en/support/termsofuse/].　This Agreement forms part of and is incorporated into the MLB MANAGER ONLINE GAME" SERVICE TERMS OF USE. Persons eligible to participate in the OPEN SERVICE who actually do participate according to the terms and conditions contained herein shall be referred to as "Participants".

1. Requirements for Participation and Application
  1. This Agreement sets forth the requirements for participation and application of the OPEN SERVICE. 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. The Participant's consent and acceptance to the terms of this Agreement are the prerequisite for participation in the OPEN SERVICE. 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 OPEN SERVICE.
  3. The Company may change this Agreement without obtaining the prior consent of the Participant, and a change in this Agreement shall become effective when it is announced on the MLB Manager Online Open Service website (the "Site") unless otherwise indicated.
  4. The Participant shall regularly visit the Site and check the contents of the Site and/or changes to this Agreement. The Company shall not be liable for any and all damages suffered by the Participant for failing to check this Agreement and changes thereto, or the contents of the Site.
  5. Those who consent to and accept to Agreement will not necessarily be able to participate in the OPEN SERVICE. Those who consent and accept this Agreement will be selected at random by the Company, and those selected who meet all of the following requirements can participate in the OPEN SERVICE. Please note that those who are ineligible for participation cannot participate in the OPEN SERVICE. Applicants who meet the following requirements are eligible to apply to participate in the OPEN SERVICE:
    1. those who can answer the questionnaires scheduled to be distributed at the time of application of and during the OPEN SERVICE ;
    2. those who reside in United States or Canada;
    3. those who have personal computer and network environments satisfying the recommended operating environment (the details of the operating environment is shown on the guide screen of the SITE at the time of application);
    4. those who have an e-mail address by which you can definitely send, receive and check e-mails;
    5. those who can bear the Internet connection fee, etc. necessary for participation in the OPEN SERVICE (participation in the OPEN SERVICE is free of charge.); and
    6. those who actively participate in the OPEN SERVICE.
2. Incompleteness of the OPEN SERVICE and the Program used for OPEN SERVICE
  1. The OPEN SERVICE is designed to perform a demonstration test of the online game system for the Game 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 OPEN SERVICE (the "Program") is under development, and therefore, it is highly probable that some bugs or defects exist and error may occur. The Participant shall fully consider such probability and select the terminal or device from which he/she will participate in the OPEN SERVICE, and take precautions including backup of data stored in such terminal or device before participating in the OPEN SERVICE at his/her responsibility.
  3. The Participant acknowledges and agrees that any reliance on or use by Participant of any information available on the OPEN SERVICE 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 OPEN SERVICE Site.
3. Information pertaining to OPEN SERVICE and Information from Participant
  1. The copyrights and other intellectual property rights concerning information to be provided through the OPEN SERVICE shall belong to the Company or a third party duly authorized by the Company, and shall constitute the Company's confidential information as non-public information before unless and until it is disclosed to the open market by the Company. The Participant shall keep and maintain confidential any and all information obtained through participation in the OPEN SERVICE, 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 OPEN SERVICE without obtaining the prior consent of the Company, except in cases where such information enters the public domain or disclosure thereof is required by laws or ordinances.
  2. The Participant shall grant to the Company the free-of-charge, worldwide, fully sublicensable and non-exclusive right and license to reproduce or distribute any information posted or otherwise provided by the Participant to the Company in the OPEN SERVICE. 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 OPEN SERVICE
  1. In participating in the OPEN SERVICE, the Participant shall comply with the provisions of this Agreement, and other particulars and details separately designated by the Company. The period during which the OPEN SERVICE will take place shall be separately designated by the Company.
  2. To participate in the OPEN SERVICE, the Participant is required to use an Internet browser and connect to the web site for the OPEN SERVICE separately designated by the Company (the "OPEN SERVICE Site") via the Internet. The Company may set or change the operational hours of the OPEN SERVICE Site at its sole discretion.
  3. Installation and setting of equipment, establishing a communication environment, payment of expenses necessary for participation in the OPEN SERVICE, and connecting to the OPEN SERVICE Site, including, but not limited to, preparation of communication devices, contract with a provider, provider fee, telephone charge, telecommunication fee, etc. 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 or device as a result of using the OPEN SERVICE 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 OPEN SERVICE, 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, the Major League Baseball Players Association ("MLBPA").
  3. The Company may use the Participant's personal information only to the extent necessary for the OPEN SERVICE and the services pertaining thereto; its internal use such as preparation of marketing materials; announcement of information relating to the OPEN SERVICE 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 a 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 OPEN SERVICEaining a prior consent of the Participant, unless otherwise expressly stated in this Agreement 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/support/privacypolicy/], which is applicable to the personal information the Participant provides to the Company through any and all transactions on the OPEN SERVICE 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 OPEN SERVICE. The Participant shall be liable for the use and management of the Participant's accounts.
  2. The Company shall not be liable for any and all damages suffered by the Participant arising from the use by any third party of the accounts stated in the preceding paragraph unless such use results directly from the Company's gross negligence or willful misconduct.
  3. The participation in the OPEN SERVICE using the accounts, etc. of the Participant shall be the sole responsibility of such Participant.
7. Prohibition of Cheating and Illegal Acts, etc.
  1. In participating in the OPEN SERVICE, the Participant shall not conduct any of the following acts ( the "Cheating, etc."):
    1. Falsification or illegal or inappropriate use or preparation of online game data;
    2. Acts other than as appropriate and or permitted in advance as online gaming and related thereto;
    3. Any intentional changing/modification of the contents, storyline and structure, etc. of the Game including changing its basic operation or story during participation in the OPEN SERVICE; or
    4. Degrading or insulting language or acts directed at an employee or customer or support staff of the Company.
  2. Whether during participation in the OPEN SERVICE 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 any defect as may exist in the Program or the OPEN SERVICE Site for the purpose of 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 messages to and/or from the OPEN SERVICE Site.
8. General Prohibitions

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

  1. Acts that are against public policy such as indecent or discriminatory expressions or acts;
  2. Acts that constitute or result in a crime;
  3. Acts that infringe the rights of other Participants 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, statutes, 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 OPEN SERVICE and the OPEN SERVICE Site including community functions to be performed pertaining to the OPEN SERVICE;
  7. False or misleading statements on the OPEN SERVICE Site, the Program, the 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, etc. of Participants accounts;
  9. Any other use of the OPEN SERVICE 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 OPEN SERVICE;
  12. Unauthorized access to the unauthorized facilities of the Company; and the browsing/viewing, reproduction or falsifying of data in the Company's facilities;
  13. Violation of any law, ordinance or regulation or any threat thereof;
  14. Acts that entice or encourage the gambling desires of other Participants;
  15. Acts with the purpose of receiving money and goods such as donations, charitable contributions or offering or soliciting for funds;
  16. Acts with the purpose of collecting information concerning other Participants;
  17. False declarations in the account registration application;
  18. Transmitting of harmful text, data or computer programs, etc. to the Company, other Participants or a third party; or
  19. Such other acts as the Company may deem inappropriate from time to time.
9. Disclaimer of Warranty
  1. The performance of the OPEN SERVICE and all information contained on, downloaded or accessed from the OPEN SERVICE 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 OPEN SERVICE IS AVAILABLE FOR PARTICIPATION IN ANY AND ALL CIRCUMSTANCES.
  2. The OPEN SERVICE is conducted for the purpose of a demonstration test, and is provided on the condition that it may contain defects in correctness, completeness, availability, reliability or harmlessness, etc. due. The performance of the OPEN SERVICE and all information contained on, downloaded or accessed from the OPEN SERVICE 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 OPEN SERVICE.
10. Save Data
  1. THE COMPANY DOES NOT WARRANT THAT THE PARTICIPANT'S HISTRY OF ONLINE GAME (SAVE DATA) ARE STORED OR READ WITHOUT ANY FAULTS OR ERRORS.
  2. The Company may change or delete the Participant's history of online gaming (save data) without obtaining the Participant's prior consent if the Company deems it necessary.
11. Interruption and Termination of OPEN SERVICE
  1. The Company may temporarily interrupt the OPEN SERVICE 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 OPEN SERVICE at its discretion without giving any prior notice.
  3. Even in the case of delay, interruption or termination of the OPEN SERVICE pursuant to the preceding two paragraphs, the Company shall not be liable for any and all damages suffered by the Participant therefrom.
12. Notices and Communications
  1. Any notice, correspondence or support concerning the OPEN SERVICE, the OPEN SERVICE Site and the Program, if any, will be provided by the Company in the English language only.
  2. The Company can restrict access to the OPEN SERVICE and the OPEN SERVICE Site only from the terminals within United States and/or Canada or the terminals loading an English-language operating system.
  3. If the Company needs to notify or communicate with the Participant, it will do this by making an announcement or displaying a message on the Site, or sending an e-mail. If the Participant changes his/her registration contents, he/she shall promptly notify the Company of such change in manner designated by Company.
  4. The Participant shall regularly check notices and communications from the Company posted on the Site or the 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 any communications and inquiries by phone calls or direct visits to the Company.
  6. The Company may decline to individually attend reply to questions and inquiries from the Participant in accordance with the statement on the posting form.
14. Measures against Violation

If the Participant violates any provision of this Agreement, the Company may immediately prohibit the Participant from participating in the OPEN SERVICE thereafter. In this case, the Participant may not participate in the OPEN SERVICE, 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 OPEN SERVICE Site.

1-2-12, Haneda, Ohta-ku,
Tokyo 144-8531, Japan
SEGA Corporation

Issued on Mar. 1st 2011

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