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"MLB MANAGER ONLINE GAME" SERVICE TERMS OF USE

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE WEBSITE FOR OUR ONLINE VIDEO GAME TITLED "MLB MANAGER ONLINE" ("WEBSITE"), ANY PRODUCTS OR SERVICES DESCRIBED HEREIN, IN THE SEGA GAME ID TERMS OF USE AND SEGA COINS PURCHASE TERMS FOR MLB MANAGER ONLINE, AND THE MLB MANAGER ONLINE OPEN BETA TEST SUBSCRIPTION TERMS (COLLECTIVELY, "SEGA MLB ONLINE GAME SERVICE"), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ANY TERMS AND AGREEMENTS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE ANY SEGA MLB ONLINE GAME SERVICE. THESE TERMS AND CONDITIONS WILL APPLY TO EVERY SEGA MLB ONLINE GAME SERVICE. THE SEGA GAME ID TERMS OF USE AND SEGA COINS PURCHASE TERMS FOR MLB MANAGER ONLINE AND THE MLB MANAGER ONLINE OPEN BETA TEST SUBSCRIPTION TERMS SHALL BE INCORPORATED INTO AND FORM PART OF THESE TERMS AND CONDITIONS.

Sega Corporation ("SEGA") shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on the WEBSITE. [Accordingly, you will receive an email notice of such changes at the email address you used to register for the SEGA MLB ONLINE GAME SERVICE]. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of any SEGA MLB ONLINE GAME SERVICE following changes to these Terms of Use shall constitute your acceptance of all such changes.

DISCLAIMER

The WEBSITE is available to you solely for your own personal, non-commercial use and not for any other purposes, including but not limited to resale, distribution, public display or performance.

The performance of the SEGA MLB ONLINE GAME SERVICE and all information contained on, downloaded or accessed therefrom are provided to you on an "as is" basis, 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. Sega shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using the SEGA MLB ONLINE GAME SERVICE.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SEGA MLB ONLINE GAME SERVICE. SEGA IS NOT RESPONSIBLE FOR THE ACTIONS OF ANY THIRD PARTIES WHO MAY ACCESS THE SEGA MLB ONLINE GAME SERVICE, AND YOUR USE OF THE SEGA MLB ONLINE GAME SERVICE IS AT YOUR OWN RISK.

SEGA reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of the SEGA MLB ONLINE GAME SERVICE or any information contained thereon without liability or notice to you.

As a user of the SEGA MLB ONLINE GAME SERVICE, you acknowledge and agree that any reliance on or use by you of any information available on the SEGA MLB ONLINE GAME SERVICE shall be entirely at your own risk. In no event shall Sega be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of the SEGA MLB ONLINE GAME SERVICE, even if Sega has been advised of the possibility of such damages.

Your play data on the SEGA MLB ONLINE GAME SERVICE ("SAVE DATA") may be deleted from our server when 30 days have elapsed after the date of last access. The SAVE DATA may be sooner deleted in the event that we suspend or cancel your access to or use of the SEGA MLB ONLINE GAME SERVICE according to these Terms of Use. Sega does not guarantee that the SAVE DATA will be restored or read out without flaws before or after the abovementioned 30 days. SAVE DATA may be altered without your prior approval in case when we deem it necessary and unavoidable for a smooth operation of the SEGA MLB ONLINE GAME SERVICE.

PRIVACY POLICY

You have read and agree to all of the terms and conditions of our Privacy Policy, which is located at http://mlbmanageronline.com/en/support/privacypolicy/.

CONFIDENTIALITY AND TRANSMISSIONS OVER THE INTERNET

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

USER CONDUCT AND OBLIGATIONS

You agree to follow all applicable laws and regulations when using the SEGA MLB ONLINE GAME SERVICE. Furthermore, you agree that you shall not:

  1. upload, post or otherwise transmit through or to the SEGA MLB ONLINE GAME SERVICE any content that:
    1. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
    2. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
    3. contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;
  2. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the SEGA MLB ONLINE GAME SERVICE, its computer systems, servers or networks;
  3. provide false information about yourself to SEGA, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
  4. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
  5. collect information about other users or customers of the SEGA MLB ONLINE GAME SERVICE without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;
  6. sell access to or the use of the SEGA MLB ONLINE GAME SERVICE, including any content contained on, downloaded or accessed from the SEGA MLB ONLINE GAME SERVICE, except as specifically permitted in writing by SEGA;
  7. redistribute any content, including financial data, provided by SEGA in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;
  8. intentionally alter the format in which financial data is provided by SEGA or otherwise circumvent our regular interfaces to such data; and
  9. embed or import any financial data provided by SEGA into any information services (whether or not web-based), data files or application software, including without limitation accounting and payroll systems, except as specifically permitted in writing by SEGA.

By uploading, posting or otherwise transmitting through or to the SEGA MLB ONLINE GAME SERVICE any content, you grant to SEGA, its successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner as stated in our Privacy Policy.

INDEMNIFICATION BY USER

You agree to indemnify, defend and hold SEGA and its affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of the SEGA MLB ONLINE GAME SERVICE or breach of these Terms of Use. SEGA reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

THIRD PARTY WEBSITES, CONTENT AND PRODUCTS AND SERVICES

Links or pointers to other websites and references to products and services offered by third parties, if any, are provided to you for convenience only and do not constitute an endorsement or approval by SEGA of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As SEGA has no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, SEGA does not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

PROPRIETARY RIGHTS

Any logos or identifying marks are and shall remain the trademarks and trade names and exclusive property of SEGA, and any unauthorized use of these marks is unlawful. Other trademarks found on the SEGA MLB ONLINE GAME SERVICE are the property of their respective owners. All content on the SEGA MLB ONLINE GAME SERVICE, including without limitation, all programs, complied binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of SEGA and is protected by international copyright law. The content on the SEGA MLB ONLINE GAME SERVICE may be used by you only for your personal, non-commercial use as provided for in these Terms of Use and may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by SEGA.

GENERAL PROVISIONS

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

You agree that these Terms of Use, our Privacy Policy, the Sega Game ID Terms of Use, the Sega Coins Purchase Terms for MLB Manager Online, and The MLB Manager Online Open Beta Test Subscription Terms, which form part of these Terms of Use, and other notices posted on the SEGA MLB ONLINE GAME SERVICE have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up-to-date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.

The SEGA MLB ONLINE GAME SERVICE is based in Japan. SEGA makes no claims the contents of the SEGA MLB ONLINE GAME SERVICE are appropriate or may be downloaded outside of Japan. Access to the the SEGA MLB ONLINE GAME SERVICE may not be legal by certain persons or in certain countries. If you access the SEGA MLB ONLINE GAME SERVICE from outside of Japan, you do so at your own risk and are responsible for compliance with all applicable local laws. These Terms of Use shall be governed by and construed in all respects in accordance with the laws of Japan without respect to its conflict of laws principle. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or Software License or material on particular SEGA MLB ONLINE GAME SERVICE, these Terms of Use constitute the entire agreement between you and SEGA with respect to the use of the SEGA MLB ONLINE GAME SERVICE. In the event of a dispute between you and SEGA with regard to these Terms of Use, you agree that any such dispute shall be resolved before the exclusive jurisdiction of the Tokyo District Court.

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

Updated on Apr. 14th 2011

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