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GREE Ads Terms and Conditions

These terms and conditions (“GREE Ads Terms”) govern use of the GREE Ads Service (the “Service”) provided and operated by GREE, Inc. and its subsidiaries and affiliates (collectively, the “Company”).

By enrolling in the Service, the user of the Service (the “GREE Ads User”) enters into a contract with the Company and agrees to strictly adhere to the GREE Ads Terms. The Service may not be used by the GREE Ads User until the GREE Ads Terms have been accepted in their entirety by the GREE Ads User.

The Japanese version of these GREE Ads Terms is the original and binding version, and this English version is for reference only. In case of any discrepancy between the Japanese version of these GREE Ads Terms and the English version, the Japanese version shall prevail.

  1. The Service
    1. Definitions. The following terms shall have the following meanings in these GREE Ads Terms.
      1. “Ad Media” means any space on any media, including an App or a Web site, provided by a Publisher or any other person, where an advertisement can be displayed.
      2. “Advertiser” means a company that has enrolled and registered with the Service to purchase Ad Space.
      3. “Advertised App” means an App which Advertiser desires to advertise through GREE Ads Terms.
      4. “Advertising App” means an App on which Publisher can publish an Advertisement.
      5. “Advertising Fee” means the amount paid by the Advertiser to the Company calculated based on the Results as agreed in an Insertion Order.
      6. “Advertising Media” means any media including Advertising App on which Publisher can publish an Advertisement.
      7. “Advertised Object” means any item or object, including without limitation an Advertised App, which Advertiser desires to advertise on the terms set forth in these GREE Ads Terms.
      8. “App” means any game, application or other digital content which is available to End Users through mobile phones, tablets, computers or other devices.
      9. “Applicable Laws” shall collectively mean all applicable foreign, federal, state and local laws, statutes, regulations, ordinances, rules, orders and decrees.
      10. “Campaign” means an advertising campaign on terms agreed with the Advertiser of such campaign, including any reward criteria, payment limits, and term.
      11. “Commission Fee” means the amount deducted from the Advertising Fee and retained by the Company as a commission.
      12. “End User” means any end user of any App or the GREE SNS or any other person who views an Advertisement (as defined in Section 4.2 below).
      13. “GREE Ads Program” means, collectively, the SDK, source code or other software and/or systems established on the server side which are necessary for the Service.
      14. “GREE Ads SDK” means, collectively, GREE Ads SDK for Advertisers and GREE Ads SDK for Publishers.
      15. “GREE Ads SDK for Advertisers” means the software development kit provided by Company for the creation of Advertised Apps, including any relevant technical information, and updates thereto provided by Company.
      16. “GREE Ads SDK for Publishers” means the software development kit provided by Company for the creation of Advertising Apps on which Advertisements can be displayed, including any relevant technical information, and updates thereto provided by Company.
      17. “GREE Platform” means the platform provided by the Company that allows developers to provide social gaming functionality for Apps to End Users.
      18. “GREE Privacy Policy” means collectively, the Company's then-current privacy policy located at http://corp.gree.net/jp/en/privacy/ or http://ads.gree.net/en/ads-privacy or such other site as specified by Company.
      19. “GREE SNS” means the Company's social networking service.
      20. “Incentive” means any incentive or offer made to End Users including, but not limited to, virtual currencies and/or virtual goods which End User can receive, contingent upon the satisfaction of the conditions for the Result.
      21. “Insertion Order” means the advertising agreement entered into between Company and GREE Ads User and incorporating these GREE Ads Terms.
      22. “Other GREE Ads User” means any Advertiser or Publisher other than the GREE Ads User.
      23. “Proposed Advertising App” means an App which Advertiser desires to advertise through GREE Ads Terms.
      24. “Publisher” means a company that has registered with Company to sell Ad Space through the Service.
      25. “Publisher Fee” means the amount paid by the Company to the Publisher calculated by deducting the Commission Fee from the Advertising Fee.
      26. “Result” means the conditions agreed with the Advertiser based on which the Advertising Fee will be calculated, which may include, without limitation, one or more of term, impressions, clicks and conversions.
      27. “SDK Relating to Action History Communication” means the software development kit provided by Company and included in the GREE Ads SDK for Advertisers which has the function to retrieve information identifying End User's device, information related to End User's behavior (including, without limitation, action history in applications and purchase history in applications) and similar information.
      28. “Source Code Relating to Action History Communication” means the source code included in the source code provided to the GREE Ads User by the Company which has the function to retrieve information identifying End User's device, information related to End User's behavior (including, without limitation, action history in applications and purchase history in applications) and similar information.
      29. “U.S. Dollars” or “$” means the lawful currency of the United States of America.
    2. GREE Ads Service.

      The Service is provided to the GREE Ads User and Other GREE Ads Users by the Company and consists of the following two components: (a) the Company sells the Ad Space of third parties to Advertisers and (b) Company procures Advertisers for and purchases Ad Space from Publishers. The GREE Ads User may participate in one or both of the foregoing components of the Service.

    3. Registering with the Service
      1. To enroll in the Service, GREE Ads User must submit to Company a completed Service application form. GREE Ads User shall specify in such form whether GREE Ads User is registering as an Advertiser, a Publisher or both.
      2. By registering as an Advertiser, GREE Ads User authorizes Company to purchase Ad Space from Publishers on behalf of GREE Ads User and to place GREE Ads User's Advertisements on Ad Space provided by Publishers.
      3. By registering as a Publisher, GREE Ads User authorizes Company to sell GREE Ads User's Ad Space to Advertisers and place Advertisements in such Ad Space.
      4. Upon Company's receipt and acceptance of GREE Ads User's completed application form, GREE Ads User shall be deemed to have entered into a binding agreement with Company as set forth in these GREE Ads Terms.
      5. If GREE Ads User changes its address or any other registered information, GREE Ads User shall promptly update such registered information.
      6. GREE Ads User shall ensure that any persons acting on its behalf undertake the same responsibilities and obligations as GREE Ads User. GREE Ads User and any such persons shall be jointly and severally liable for the performance of their obligations contained herein.
      7. Company may reject an application if GREE Ads User:
        • is not a corporation or other legal entity;
        • was previously suspended as a GREE Ads User or had its registration previously cancelled;
        • submits false or erroneous information on the application form;
        • has had a suspension of transactions issued by a financial institution or similar entity on the bank account designated by the applicant.
        • has defaulted on payments to the Company in the past; or
        • has violated the Code of Conduct (as defined in Article 3 below).
        Company shall have no obligation to provide an explanation for a rejection, and shall assume no liability whatsoever regarding a rejection of an application.
    4. ID and Password Management
      1. GREE Ads User is responsible for managing any user ID or password provided by Company to GREE Ads User to access the Service or any portion thereof.
      2. GREE Ads User shall treat any user ID or password assigned by Company as confidential information and shall not allow the use thereof by third parties. GREE Ads User shall not lease, sell, transfer or otherwise provide any such user ID or password to any third party.
      3. GREE Ads User shall periodically update any such password.
      4. GREE Ads User will be solely responsible for and shall indemnify Company for any losses, damages or expenses suffered or incurred by Company or a third party as a result of any unauthorized access to its account as a result of GREE Ads User's failure to keep its user ID and/or password secure.
      5. In the event that the Service is made unavailable to GREE Ads User for any cause (including, without limitation, withdrawal from the Service or termination of any necessary agreement), GREE Ads User shall delete ID and Password.
    5. Result Management
      1. GREE Ads User is responsible for reviewing any data related to the Results which is displayed on the dedicated screen provided therefor. In the event that GREE Ads User finds or suspects any fraudulent activity based on current social standards or any improper Results, GREE Ads User shall immediately report such finding or suspicion to the Company.
      2. Company shall reasonably cooperate with GREE Ads User to investigate and correct any fraudulent activity or improper Results of which Company is aware. Notwithstanding the foregoing, GREE Ads User is responsible for, and shall indemnify Company against, any losses or damages arising from such fraudulent activity or improper Results. It is therefore the responsibility of GREE Ads User to regularly check and confirm the data related to the Results that is displayed on the dedicated screen provided therefor.
  2. Intellectual Property Rights
    1. The Company is the owner of all Japanese, United States and worldwide patent rights, utility model rights, design rights, trademark rights, copyrights (including all rights granted under Article 27 and Article 28 of the Copyright Act of Japan and any rights granted under future amendments thereof), moral rights, neighboring rights, and know-how, as well as any other intellectual property rights (collectively “Intellectual Property Rights”), in and to the Service and all information provided by the Company to the GREE Ads User.
    2. Copyrights to advertisement manuscripts created by the GREE Ads User are reserved by the GREE Ads User or the copyright owner of such advertisement manuscript. With regard to the Intellectual Property Rights embodied in advertisement manuscripts provided by the GREE Ads User to the Company, the GREE Ads User shall be responsible for obtaining any necessary licenses, rights or permissions (including non-assertion of moral rights) from the relevant Intellectual Property Rights holder, and the Company shall have no responsibility or liability whatsoever with respect thereto.
    3. If the Company receives an objection or complaint from any third party, or a third party claim is brought against the Company alleging that an advertisement provided by the GREE Ads User infringes the Intellectual Property Rights of a third party (such objections, complaints and claims, collectively, “Third Party Claims”), they shall be resolved by the GREE Ads User at its sole responsibility and cost (including attorneys' fees). The GREE Ads User hereby agrees to indemnify and hold harmless the Company from and against any and all Third Party Claims and any damages or costs (including attorneys' fees) arising therefrom.
    4. The GREE Ads User hereby grants to the Company a worldwide, royalty-free, perpetual, non-exclusive license to use and allow third parties to use, by copying or other means, the materials, information and any other properties provided by the GREE Ads User to the Company through its use of the Service, for the purpose of the operation of the Service, promotion and advertising, press releases, status reports and the like.
  3. Code of Conduct

    When using the Service, GREE Ads User shall comply with the code of conduct set forth in this Section 3 (the “Code of Conduct”). GREE Ads User shall not enter any of the following information in any part of the Service, including as part of its Advertisements.

    • content in violation of Applicable Laws;
    • content that encourages crime or other unlawful activity;
    • content that impersonates or harms the reputation or credit of another person;
    • content that is offensive, abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable;
    • content that includes nude images;
    • content that infringes on the Intellectual Property Rights of the Company or any third party;
    • content that includes computer viruses or any other malicious code;
    • content that requests sexual relations or similar content;
    • content that acts as an intermediary for information relating to sexual relations;
    • except as otherwise approved by Company or provided in these GREE Ads Terms, links to URLs for Internet sites other than Internet sites approved by Company;
    • content that impairs the operation or use of the Service, the GREE SNS, or the Company's or a third party's servers;
    • content that impairs the distribution or use of Apps available through the GREE SNS;
    • words or other expressions that actualize, induce, or encourage suicide or harm to oneself;
    • content that harasses or otherwise injures a third party;
    • content that includes expressions connected with discrimination based on social status, race, sex, age, or other factors;
    • content that is indecent, including, without limitation, content that includes sexual expression or expressions of violence;
    • content that encourages or induces End Users to meet in person;
    • content that has a negative influence on the character development of minors;
    • content that includes commercial transactions by methods, expressions, or displays of which Company does not approve;
    • information about the sale, exchange, advertisement, notification of, inducement, or provision of goods or services, whether for profit or not for profit, apart from items which Company has expressly allowed;
    • content that permits an End User to repeatedly and indiscriminately post or transmit the same information;
    • medical or seemingly medical activities, whether for profit or not for profit;
    • content that gathers, aggregates or accumulates the personal information of End Users individually, or content that attempts to do the same;
    • content that encourages violation of Applicable Laws, these GREE Ads Terms, or other rules, guidelines or conditions established by the Company;
    • content related to political or religious activity, except where such messages are expressly approved by Company in writing;
    • content that encourages a reactivation of service to End Users to whom use was terminated due to violations, or content that contains the functionality to reintroduce such End Users to Apps;
    • content that guides End Users to external sites that contain any of the foregoing; and
    • other content that Company deems inappropriate in its sole discretion.
  4. Advertiser Program
    1. Purchasing Third Party Ad Space. If GREE Ads User has registered to use the Service as an Advertiser, GREE Ads User may purchase from Company (a) third party Ad Space and (b) Ad Space within online advertising networks. GREE Ads User shall purchase Ad Space in accordance with procedures specified by Company and provided to GREE Ads User in writing.
    2. Advertisements.
      1. Advertiser acknowledges and understands that the use of the Service shall be in accordance with the specifications provided by Company and that Advertiser shall track the results of using the Service (such as impressions, clicks and installations, etc. by End Users).
      2. Company shall have the right to review advertisements received from GREE Ads User (each an “Advertisement”) in accordance with the advertising display standards of Company and the applicable Publisher. If Company or the applicable Publisher determines that an Advertisement fails to satisfy such standards, Company shall have the right to reject or discontinue the display of such Advertisement. Company shall not be required to notify GREE Ads User of the reason for such rejection or termination and GREE Ads User agrees not to contest any such decision by Company.

        GREE Ads User may request in writing that Company and the Publisher review a replacement Advertisement proposed to be run by GREE Ads User.

      3. Company shall not be liable to GREE Ads User for any damages suffered or incurred by GREE Ads User as a result of Company's or the Publisher's rejection of an Advertisement.
      4. Company may immediately terminate distribution of an Advertisement if Company determines that:
        • the Advertisement provides a link to, or displays the URL of, an Internet site not approved by Company; or
        • the Advertisement states or implies, directly or indirectly, that the Advertisement has been endorsed, approved, ordered or provided by Company; or
        • the Advertisement uses Company's trademarks or other Intellectual Property Rights without the prior written consent of the Company.
    3. GREE Ads Program for Advertisers.
      1. Company will provide GREE Ads User with the GREE Ads Program required for Advertisers. (the “GREE Ads Program for Advertisers”) including, without limitation, SDKs and source code. The GREE Ads SDK for Advertisers and/or the Source Code Relating to Action History Communication can be used by the GREE Ads User to develop and distribute Proposed Advertising Apps through which the GREE Ads User can measure advertising effectiveness and perform customer tracking, tracking of action history in applications and customer analytics.
      2. The term “GREE Ads Program” includes the “GREE Ads Program for Advertisers”. The use of the GREE Ads Program for Advertisers shall be in accordance with the terms and conditions of Article 6 of these GREE Ads Terms.
    4. Campaign
      1. Advertiser shall submit to the Company the term, Advertising Fee, conditions for Results and other required information regarding any proposed Campaign in the designated format.
      2. Advertiser may suspend, modify or add the conditions for the Campaign with prior written notice to Company (including by email to the designated address). Subject to the provisions of this Section 4.4, Company will comply with such instructions to the extent reasonably possible.
      3. Advertiser may terminate the Campaign. Such termination will be effective only for the remaining portion of the Campaign and Advertiser shall be liable for all amounts accrued prior to the effectiveness of such termination. In some cases an early-termination penalty may apply.
      4. Advertiser acknowledges and agrees that Publisher may cancel or refuse a Campaign or Advertisement in the following cases:
        • Advertiser or the Advertisement are in breach of the Code of Conduct
        • Failure to satisfy the standards of the Publisher
        • Any other reasonable cause for such termination or refusal exists.
    5. Payment from Advertisers to the Company.
      1. Advertising fees will accrue upon Company's notice to GREE Ads User that an advertisement manuscript will be displayed in the Ad Space purchased by GREE Ads User.
      2. GREE Ads User shall pay any amounts owed to Company under these GREE Ads Terms via a transfer of funds to the bank account separately designated by the Company. Advertising Fees shall be paid either in U.S. Dollars or in Japanese Yen as selected by Advertiser at the time of registration.
      3. Company shall calculate the total advertising fees due to Company from GREE Ads User (the “Advertising Fees”) on a monthly basis by a method separately agreed by Company and GREE Ads User, which may be based on factors such as: the total number of Advertisements run by GREE Ads User in Ad Space during such month, the occurrence of certain events specified by Company (e.g., verifiable actions by End Users in response to the Advertisement, such as clicks, impressions and installations), or other factors.
      4. Payments Carried Forward.
        • Advertisers Paying in Japanese Yen.

          If the GREE Ads User registers to pay in Japanese Yen:

          1. GREE Ads Users Located in Japan. If the GREE Ads User is located in Japan and the Advertising Fees payable, in the aggregate, are less than 5,000 Yen, GREE Ads User may defer the payment of such amount until the accrued Advertising Fees exceed 5,000 Yen, provided that if Company expressly demands payment of the lesser amount, GREE Ads User shall pay Company the total accrued amount. Once the total Advertising Fees accrued exceed 5,000 Yen, GREE Ads User shall pay such amounts in Japanese Yen, by the end of the month following the month in which the aggregate amount first exceeded 5,000 Yen.
          2. GREE Ads Users Located Outside of Japan. If the GREE Ads User is located outside Japan and the Advertising Fees payable, in the aggregate, are less than 20,000 Yen, GREE Ads User may defer the payment of such amount until the accrued Advertising Fees exceed 20,000 Yen, provided that if Company expressly demands payment of the lesser amount, GREE Ads User shall pay Company the total accrued amount. Once the total Advertising Fees accrued exceeds 20,000 Yen, GREE Ads User shall pay such amounts in Japanese Yen, by the end of the month following the month in which the aggregate amount first exceeded 20,000 Yen.
        • Advertisers Paying in U.S. Dollars.

          If GREE Ads User registers to pay in U.S. Dollars, and if the Advertising Fees payable, in the aggregate, are less than $100, GREE Ads User may defer the payment of such amount until the accrued Advertising Fees exceed $100, provided that if Company expressly demands payment of the lesser amount, GREE Ads User shall pay Company the total accrued amount. Once the total Advertising Fees accrued exceed $100, GREE Ads User shall pay such amounts in U.S. Dollars, by the end of the month following the month in which the aggregate amount first exceeded $100.

      5. All bank charges in connection with payments under this Section 4.4 shall be borne by the Advertiser making the payment.
      6. Company may commission GREE Adsvertising, Inc. to handle all or any part of the payment process from GREE Ads User to Company in this Section 4.5.
  5. Publisher Program
    1. Ad Media.
      1. If GREE Ads User has registered with the Service as a Publisher, GREE Ads User will provide Ad Media within online networks on media that it owns or controls. The Company shall arrange for Advertisers to place Advertisements to be displayed in GREE Ads User's Ad Media.
      2. GREE Ads User shall be responsible for reviewing any Advertisements proposed to be displayed by Advertisers in the GREE Ads User's Ad Media. If GREE Ads User determines that an Advertisement does not meet its advertising standards, GREE Ads User may reject or terminate the display of the Advertisement. GREE Ads User shall not be required to disclose to Advertiser the reason for such rejection and an Advertiser shall have no right to object to any decision made by GREE Ads User.
      3. In addition to the foregoing, GREE Ads User acknowledges that Company may reject an Advertisement proposed to be displayed in the GREE Ads User's Ad Media if Company determines that such Advertisement does not meet Company's advertising display standards or does not comply with these GREE Ads Terms.
      4. If requested by an Advertiser to review a replacement for a rejected Advertisement, GREE Ads User shall review the relevant Advertisement.
      5. Company shall pay GREE Ads User for the Ad Media in accordance with the provisions of Section ‎5.4 and the Insertion Order.
    2. GREE Ads Program for Publisher.
      1. If GREE Ads User has registered as a Publisher, Company will provide GREE Ads User with the GREE Ads Program which is required for Publisher (“the GREE Ads Program for Publisher”). The GREE Ads Program for Publishers can be used by GREE Ads User in its discretion to develop Advertising Apps. If GREE Ads User develops Advertising Apps through which Campaigns can be displayed, GREE Ads User will be able to measure and analyze the results of such Campaigns.
      2. The term “GREE Ads Program” includes the “GREE Ads Program for Publisher”. The use of the GREE Ads Program for Publisher shall be in accordance with the terms and conditions of Article 6 of these GREE Ads Terms.
    3. Campaign
      1. The Publisher Fee will be determined by Company.
      2. Publisher acknowledges and agrees that the contents, conditions or materials of a Campaign may be altered from time to time.
      3. Publisher may refuse the Campaign with Company's prior consent.
      4. Publisher acknowledges that Advertiser may terminate a Campaign at any time.
      5. Company may terminate Publisher's participation in a Campaign for any reason. Company shall have no obligation to disclose the reason for such termination to Publisher.
    4. Payment for Ad Space.
      1. Subject to the terms and conditions of these GREE Ads Terms, Company shall pay GREE Ads User when an Advertisement is displayed in an Ad Media provided by GREE Ads User and Company confirms that certain specified events have occurred (e.g., clicks, impressions or installations).
      2. Company shall pay GREE Ads User an amount (the “Publisher Fee”) which, unless otherwise separately agreed by the Company and the GREE Ads User, shall be equal to the Advertising Fee for the Ad Media minus Company's commission.
      3. Company shall calculate the total Publisher Fee due to GREE Ads User on a monthly basis based on the total number of Advertisements displayed on GREE Ads User's Ad Media during such month unless otherwise separately agreed. Company shall pay GREE Ads User the Publisher Fee in the currency (either Japanese Yen or U.S. Dollars) designated by GREE Ads User as the currency for payment at the time of registration as a Publisher.
      4. Payments Carried Forward.
        • Publishers Paid in Japanese Yen.

          If the GREE Ads User registered to be paid in Japanese Yen:

          1. Publishers Located in Japan. If the GREE Ads User is located in Japan and the total Publisher Fees generated in a month (including any previously accrued and unpaid Publisher Fees) are less than 5,000 Yen, Company may defer payment of such amount until the accrued amount exceeds 5,000 Yen. Once the total Publisher Fees accrued exceed 5,000 Yen, Company shall pay GREE Ads User such amount in Japanese Yen by the end of the second month following the month in which the aggregate amount first exceeded 5,000 Yen.
          2. Publishers Located Outside of Japan. If the GREE Ads User is located outside Japan and the total Publisher Fees generated in a month (including any previously accrued and unpaid Publisher Fees) are less than 20,000 Yen, Company may defer payment of such amount until the accrued amount exceeds 20,000 Yen. Once the total Publisher Fees accrued exceed 20,000 Yen, Company shall pay GREE Ads User such amount, in Japanese Yen by the end of the second month following the month in which the aggregate amount first exceeded 20,000 Yen.
        • Publishers Paid in U.S. Dollars.

          If the GREE Ads User registered to be paid in U.S. Dollars, and the total Publisher Fees generated in a month (including any previously accrued and unpaid Publisher Fees) are less than $100, Company may defer payment of such amount until the accrued amount exceeds $100. Once the total Publisher Fees accrued exceeds $100, Company shall pay GREE Ads User such amount in U.S. Dollars by the end of the second month following the month in which the aggregate amount first exceeded $100.

      5. If at the time GREE Ads User's participation in the Service as a Publisher terminates, the amount of aggregate unpaid Publisher Fees for GREE Ads User is less than the applicable amount specified in Section 5.4.4 the Company shall pay to the GREE Ads User such amount after deducting a termination charge reasonably designated by the Company to cover bank wiring fees and other expenses actually incurred by the Company in connection with such termination.
      6. Company shall have no obligation to pay GREE Ads User any Publisher Fees generated hereunder and GREE Ads User shall refund to Company any such Publisher Fees previously paid if Company reasonably determines that GREE Ads User has earned all or any portion of such Publisher Fees through any illegal or wrongful acts of GREE Ads User or a third party (e.g., invalid clicks, use of fraudulent or illegal means to generate clicks, violation of any Applicable Law, breach of these GREE Ads Terms or the terms of the Specific Agreement or any guidelines specified by Company, or any other actions which could cause damage to Company or an Other GREE Ads User).
      7. Other than as set forth in Section 5.4.5, all bank charges shall be borne by the party making the payment.
  6. GREE Ads Program
    1. GREE Ads Program. GREE Ads User shall use the GREE Ads Program solely for the development, distribution and management of Apps in accordance with the terms of these GREE Ads Terms.
    2. Ownership. All right, title and interest in and to the GREE Ads Program, including all Intellectual Property Rights therein are the sole and exclusive property of Company. GREE Ads User will not contest or assist others in contesting the validity of any such right, title or interest. No such right, title or interest is transferred to GREE Ads User as a result of these GREE Ads Terms. All rights not expressly set forth herein are reserved by Company, and no implied rights or licenses are granted to GREE Ads User pursuant to these GREE Ads Terms.
    3. License Grant. Subject to the terms and conditions of these GREE Ads Terms, Company grants to GREE Ads User a worldwide, revocable, non-exclusive, non-transferable, non-sub-licensable, royalty-free license during the term of these GREE Ads Terms to use the GREE Ads Program solely for the purpose of using the Service.
    4. Obligations and Responsibilities with Respect to Use of the SDK Relating to Action History Communication or the Source Code Relating to Action History Communication The terms and conditions with respect to the use of the SDK Relating to Action History Communication or the Source Code Relating to Action History Communication are as follows:
      1. Notice To End Usersi. If Not Using Targeted AdvertisingIf the GREE Ads User uses the SDK Relating to Action History Communication or the Source Code Relating to Action History Communication but does not provides targeted advertising utilizing the information retrieved from the SDK Relating to Action History Communication or the Source Code Relating to Action History Communication, the GREE Ads User shall inform the end users of applications incorporating the SDK Relating to Action History Communication or the Source Code Relating to Action History Communication of (a) what information is retrieved from the SDK Relating to Action History Communication or the Source Code Relating to Action History Communication, (b) how such information is retrieved, (c) the purpose of the collecting and use of such information, and (d) the fact the Company stores such information, in a location that is easy for such end users to access by reasonable means (such as including such information in the terms of use of the application incorporating the SDK Relating to Action History Communication or the Source Code Relating to Action History Communication).ii. If Using Targeted AdvertisingIf the GREE Ads User uses the SDK Relating to Action History Communication or the Source Code Relating to Action History Communication and provides targeted advertising utilizing the information retrieved from the SDK Relating to Action History Communication or the Source Code Relating to Action History Communication, in order to clearly inform end users that the SDK Relating to Action History Communication or the Source Code Relating to Action History Communication may retrieve end user information and store such information on the Company's servers, etc. and that such end user may receive targeted advertising, the GREE Ads User shall inform the end users of the SDK Relating to Action History Communication or the Source Code Relating to Action History Communication of (a) what information is retrieved from the SDK Relating to Action History Communication or the Source Code Relating to Action History Communication, (b) how such information is retrieved, (c) the purpose of the collection and use of such information, and (d) the fact the Company stores such information, and shall, in the applications with such SDK or such Source Code, provide access to the web page (“Opt out Application Form”), which enables the end users of such applications to opt out from receiving targeted advertising, by reasonable means such as creating a link to the Privacy Policy related to GREE Ads (“Privacy Policy related to GREE Ads”) in a location that is clearly labeled and easy for such end users to access.
      2. The GREE Ads User shall create, secure and maintain systems which enables the Company to timely and completely access all information retrieved by the SDK Relating to Action History Communication or the Source Code Relating to Action History Communication, to which the Company requests access; provided, however, that if the GREE Ads User wishes to exclude certain information from such information to which the Company requests access for commercially reasonable reasons, the GREE Ads User shall give notice to the Company of such reasons, and such information may be excluded from the information to which the Company is granted access if the Company consents to such exclusion. The GREE Ads User shall be fully responsible for the accuracy, content and legitimacy of any information retrieved by the SDK Relating to Action History Communication or the Source Code Relating to Action History Communication, and the Company does not take any responsibility for the accuracy, content and legitimacy of such information.
    5. Restrictions on Use. GREE Ads User is prohibited from engaging in the following activities with respect to the GREE Ads Program without the express prior written consent of Company:
      1. selling, leasing, licensing, or assigning all or any part of the GREE Ads Program to any third party;
      2. revising, adapting, modifying, reverse engineering, reverse compiling or reverse assembling the GREE Ads Program (except as and only to the extent that the foregoing restrictions are prohibited by Applicable Law or except to the extent permitted by licensing terms governing the use of open-source components or sample code included with the GREE Ads Program);
      3. using all or any part of a GREE Ads Program on any platform or network other than the GREE Platform and GREE SNS;
      4. distributing any GREE Ads Program through a method other than one expressly permitted by Company;
      5. modifying or deleting any copyright notice, trademark notice, patent notice or any other Intellectual Property Rights notice of Company or Company's licensors contained in, on or for the GREE Ads Program or its documentation, or allowing any third party to do the same;
    6. Maintenance and Support. Company has no obligation to provide GREE Ads User with any updates to or modifications, improvements or bug fixes for the GREE Ads Program. Company is not required to provide GREE Ads User support for the GREE Ads Program in any form.
    7. Violation of these GREE Ads Terms. If GREE Ads User violates any provision of these GREE Ads Terms, Company may terminate the rights granted under this Article 6 and in these GREE Ads Terms, and GREE Ads User shall indemnify, defend and hold harmless the Company and its affiliates and its and their respective directors, officers, employees, agents, successors and assigns (collectively, the “Indemnified Parties”) for any claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees and expenses of litigation) of whatever kind or nature incurred by any of the Indemnified Parties arising out of or related to any such violations by GREE Ads User.
    8. Term of the License. Any licenses granted to GREE Ads User pursuant to this Article 6 shall commence on the day GREE Ads User registers with the Company to become a GREE Ads User and shall terminate upon the first to occur of the following: (a) Company's termination of the license grant under Section 6.3 or (b) either party's termination of these GREE Ads Terms.
  7. Prohibited Conduct

    Company shall have the right, without prior notice to GREE Ads User, to suspend payments to GREE Ads User, terminate GREE Ads User's participation in the Service, or take such other action as Company deems appropriate in its sole discretion if GREE Ads User:

    • submits an Advertisement that contains false or misleading claims;
    • uses an automated publishing tool or service for increasing access (for example, traffic exchanges, advertisement mail messages or “autosurfing”);
    • closes or substantially modifies its business or a media site without notice to Company;
    • removes or modifies the codes provided or executed by the Service;
    • engages in advertising transactions with another GREE Ads User other than through the Service if such transaction utilizes (i) any portion of the Service, (ii) any GREE Ads SDK or (iii) any advertising-related source code, object code, tools or utilities provided by the Company;
    • commits any act that interferes with or is likely to interfere with the operation of the Service;
    • commits any other act that Company reasonably determines to be inappropriate, including any violation of the Code of Conduct set forth in Section 3.
  8. General Terms
    1. Disclaimers
      1. THE SERVICE, THE GREE SNS AND ANY PRODUCTS OR SERVICES PROVIDED BY THE COMPANY THROUGH THE SERVICE OR THE GREE SNS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. GREE Ads User's use of the Service is at GREE Ads User's sole risk and expense. The above exclusions may not apply to GREE Ads User in jurisdictions where exclusions of implied warranties are prohibited by law.
      2. Company makes no warrant or guarantee that the Services or GREE SNS will be uninterrupted, error free or secure, that defects will be corrected or that the Service or GREE SNS or the systems on which the Service or GREE SNS are hosted or the software used to provide the Service or GREE SNS are free of viruses or other harmful components.
      3. Company may cancel or suspend the Service or GREE SNS at any time for any reason whatsoever in its sole discretion.
      4. Company shall have no responsibility for (and GREE Ads User hereby releases Company from) any damages, losses and all other liabilities suffered or incurred by GREE Ads User as a result of GREE Ads User's use or inability to use the Service, including any cancellation, termination or suspension by Company of the Service.
      5. The Company shall assume no responsibility whatsoever with regard to any disputes arising between two GREE Ads Users or between a GREE Ads User and a third-party. Any such disputes shall be settled by the applicable GREE Ads User without the involvement of Company, however, any involved GREE Ads User must report any disputes involving End Users to the Company as soon as is practicable.
    2. Indemnification. GREE Ads User shall indemnify, defend and hold the Indemnified Parties harmless for any claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees and expenses of litigation) of whatever kind or nature incurred by any of the Indemnified Parties arising out of or related to any Advertisement distributed by GREE Ads User or GREE Ads User's breach of any of the terms of these GREE Ads Terms of the Specific Agreement.
    3. Limitation of Liability. NEITHER COMPANY NOR ITS SUPPLIERS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO THESE GREE Ads TERMS, THE SERVICE, GREE SNS OR ANY OTHER ASPECT OF OR RELATING TO COMPANY UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR (B) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES.
    4. Personal Information
      1. Company may use any personal information (or other information) provided by GREE Ads User in accordance with the GREE Privacy Policy.
      2. GREE Ads User shall use End User information which may be received in using Service in accordance with the terms and conditions of all Applicable Laws, including, without limitation, all applicable privacy and data protection laws and regulations, and any applicable privacy policies. GREE Ads User shall notify End Users of its compliance with the foregoing.
    5. Termination of the Service
      1. Company may suspend or terminate GREE Ads User's use of the Service at any time if Company determines that: (a) GREE Ads User has breached the GREE Ads Terms or any of the other provisions of any other guidelines provided by the Company; (b) GREE Ads User's use of the Service has interfered with an Other GREE Ads User's use of the Service; or (c) GREE Ads User has engaged in other conduct that Company deems unacceptable.
      2. Company may terminate GREE Ads User's use of the Service at any time by giving GREE Ads User written notice of such termination.
      3. GREE Ads User may terminate its use of the Service at any time by giving Company written notice of such termination. Upon receipt of such notice, Company may, but is not obliged to, verify, through email or other means, that the individual requesting termination has the authority to terminate GREE Ads User's participation and that the termination request has been properly made.
      4. Termination of these GREE Ads Terms or GREE Ads User's use of the Service shall not relieve GREE Ads User of any obligations accrued by GREE Ads User under these GREE Ads Terms prior to the date of termination.
    6. Export Controls. GREE Ads User shall not use, export, re-export, import, sell or transfer any part of the Service (including the GREE Ads SDKs) except as authorized by United States and Japanese laws and other Applicable Laws. GREE Ads User shall comply with all Applicable Laws that restrict Company's or GREE Ads User's ability to operate in or transact business with certain countries or share certain technologies and data with certain individuals, including but not limited to the following United States laws: (a) the Trading with the Enemy Act and the International Emergency Economic Powers Act; and (b) regulations promulgated by the U.S. Department of The Treasury's Office of Foreign Assets Control, the U.S. Department of Commerce's Bureau of Industry and Security, the U.S. Department of State's Directorate of Defense Trade Controls, and other U.S. federal departments and agencies.
    7. Confidentiality. GREE Ads User shall strictly maintain the confidentiality of any information obtained in connection with the Service which is designated by Company as, or under the circumstances would reasonably be considered, confidential (“Confidential Information”), and shall not disclose or divulge such information to any third party. If GREE Ads User's registration is cancelled, GREE Ads User shall destroy all Confidential Information. Upon Company's request, an authorized representative of GREE Ads User shall provide a certification stating that the Confidential Information has been destroyed.
    8. Non-Association with Antisocial Groups
      1. GREE Ads User represents, warrants and covenants to Company that GREE Ads User (including its representatives, directors or any other person with substantial control over GREE Ads User) as of the date of acceptance of these GREE Ads Terms does not, and at all times during the term of GREE Ads User's use of the Service shall not, constitute, or have any capital or other relationship with, any of the following: an organized crime group (including yakuza, mafia or similar groups), a member of an organized crime group, a company related to an organized crime group, a corporate extortionist, a rogue or criminal person or group claiming to be a social activist, or an organized special intellectual crime group (collectively, “Antisocial Forces”).
      2. GREE Ads User shall cooperate with Company to allow Company to confirm whether there exists any breach of the foregoing representations, warranties and covenants, and shall upon request provide supporting materials reasonably necessary for such confirmation by Company.
      3. If Company determines, in its sole discretion, that GREE Ads User has violated the provisions of this Section 8.8, Company may immediately terminate these GREE Ads Terms upon notice to GREE Ads User.
      4. If GREE Ads User's breach of the foregoing provision causes harm to Company, GREE Ads User shall be held liable and shall fully compensate and hold harmless Company for related damages in their entirety.
    9. Company may modify or amend these GREE Ads Terms at any time. Any change to these GREE Ads Terms shall be effective upon posting on the Company's website and shall apply to any and all use of the GREE Ads SDKs or the Service after such changes. Any use by GREE Ads User of the GREE Ads SDKs or the Service after changes to these GREE Ads Terms have been made shall constitute acceptance of the revised GREE Ads Terms.
    10. Assignment. GREE Ads User shall not transfer or assign all or any part of its rights or obligations under these GREE Ads Terms to a third party without the prior written consent of Company.
    11. Severability. If any provision of these GREE Ads Terms or the application thereof to any person, place or circumstance, is found by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties, or, if incapable of such enforcement, shall be deemed to be deleted from these GREE Ads Terms, and the remainder of these GREE Ads Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.
    12. Dispute Resolution
      1. Informal Negotiations.

        Company and GREE Ads User shall first attempt to resolve any disputes which may arise between the parties under these GREE Ads Terms through informal discussions and negotiations between Company and GREE Ads User. In the event such a dispute is not resolvable through informal discussions and negotiations within sixty (60) days of the first notice of such dispute, the parties will resolve the dispute in accordance with the applicable provisions in set forth in Sections 8.12.2 - 8.12.4.

      2. Japan.

        If GREE Ads User's location is recognized as Japan by Company at the time of registration:

        • Governing Law; Jurisdiction. These GREE Ads Terms shall be governed by and construed in accordance with the laws of Japan, without regard to its conflicts of laws provisions, and the Japanese language version of these GREE Ads Terms shall be deemed controlling in the event of any conflict between the Japanese and English language versions of these GREE Ads Terms. In such cases, the parties agree that the District Court of Tokyo shall have personal and exclusive jurisdiction over the parties for any dispute arising out of these GREE Ads Terms that is not covered by the arbitration provisions set forth in this Section 8.12.2.
        • Arbitration. Except for the right of either party to apply to the District Court of Tokyo for a temporary restraining order, preliminary injunction or other equitable relief as may be available to preserve the status quo or prevent irreparable harm pending the selection and confirmation of a panel of three (3) arbitrators, any claim, controversy or dispute between the parties arising out of, relating to or connected with these GREE Ads Terms, or the breach thereof, shall be resolved by expedited binding arbitration in accordance with the then-current Commercial Arbitration Rules (the “JCAA Rules”) of the Japan Commercial Arbitration Association (the “JCAA”) before a panel of three (3) arbitrators selected in accordance with the JCAA Rules. Any such judgment confirming the award rendered by the arbitration panel may be entered in any court having competent jurisdiction. Any arbitration under this Section 8.12.2 shall be administered exclusively by the Tokyo offices of the JCAA and all such proceedings shall be held in Tokyo, Japan.
        • Language. All proceedings under this Section 8.12.2 shall be conducted in the Japanese language.
      3. Outside of Japan

        If GREE Ads User's location is recognized by Company at the time of registration as being outside of Japan,:

        • Governing Law; Jurisdiction. These GREE Ads Terms shall be interpreted according to the laws of the State of California, USA, without regard to its conflicts of laws provisions, and the English language version of these GREE Ads Terms shall be deemed controlling in the event of any conflict between the Japanese and English language versions of these GREE Ads Terms. In such cases, the state or federal courts situated in the County of San Francisco, California shall have personal and exclusive jurisdiction over the parties for any dispute arising out of these GREE Ads Terms that is not covered by the arbitration provisions set forth in this Section 8.12.3.
        • Arbitration. Except for the right of either party to apply to one of the aforesaid courts for a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm pending the selection and confirmation of a panel of three (3) arbitrators, any claim, controversy or dispute arising out of, relating to or connected with these GREE Ads Terms, or the breach thereof, shall be resolved by expedited binding arbitration in accordance with the then-current rules and procedures of the International Chamber of Commerce (the “ICC Rules”). Any such judgment confirming the award rendered by the arbitration panel may be entered in any court having jurisdiction. Any arbitration under this Section 8.12.3 shall be administered exclusively in the County of San Francisco, California before a panel of three (3) arbitrators selected in accordance with the ICC Rules.
        • Language. All proceedings under this Section 8.12.3 shall be conducted in the English language.
      4. Other. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these GREE Ads Terms.
      5. PROGRAM PARTICIPANT AGREES THAT ANY LITIGATION, ARBITRATION OR OTHER HEARING UNDER THESE GREE Ads TERMS SHALL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY ENTERING INTO THIS AGREEMENT, PROGRAM PARTICIPANT HEREBY WAIVES AND AGREES TO GIVE UP ANY ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION.
    13. Notices. Any notice to GREE Ads User may be provided by email.
    14. Interpretation. Section headings in these GREE Ads Terms are provided for convenience only and do not modify or alter the meaning of any of the provisions set forth herein. As used in these GREE Ads Terms, the word “including” means “including but not limited to.”
    15. Survival. Those terms that by their nature should survive any termination of these GREE Ads Terms shall survive any such termination, including, without limitation, any licenses granted by GREE Ads User to Company and any payment obligations accrued prior to termination.
    16. Japan Time. All time references under these GREE Ads Terms, including work days and times, shall be based upon Japan Standard Time. For the avoidance of doubt, even if the term of a Campaign is expressed based on a different time zone, all payment calculations shall be based on Japan standard Time.

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