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These terms of use ("Agreement") set forth the conditions of use of the application "LAST CLOUDIA" ("Application") and services ("Services") provided through the Application by AIDIS Inc., a Japanese corporation (“Company”). By using the Services, you agree to this Agreement. If you do not agree, do not install or use the Services.
Article 1 (Definitions)
The terms used in the Agreement are defined as follows:
(1) "User" means a person who installs the Application, agrees with the terms of the Agreement, and uses the Services.
(2) "Website" means the official website of the Services (https://www.lastcloudia.com/en/).
(3) "Device" means an electronic device, such as a smartphone, tablet, and the like, on which you can install and use the Application.
(4) "Game Data" means all data (including level, status, crystal balance, items, and all states that are realized through use of the Services by the User) related to the Services.
(5) "Crystal" means the virtual currency that can be used to exchange for items in the Application.
(6) "Personal Information" means information related to living individuals, including a person's name, date of birth, or other information or personal identification code that can be used to identify a specific individual (including information that can easily be compared with other information to identify a specific individual).
(7) "Intellectual Property Rights" means rights related to copyright, patent rights, utility model rights, design rights, trademark rights, know-how, and all other intellectual property rights (including the right to apply to register such rights).
Article 2 (Application of the Agreement)
1. The Agreement is between the User and the Company.
2. If the Company has separately set forth terms that fall under the following items in relation to the Services, the User shall also use the Services in accordance with such terms:
(1) Privacy Policy;
(2) Notifications issued to the User by the Company; and
(3) Terms of use and guidelines of individual services that make up the Services.
3. In the event there are provisions in the terms set forth in the preceding paragraph that differ to those of the Agreement, the terms of the Agreement shall prevail, except where it is explicitly stated that said provisions shall take priority.
Article 3 (Changes to the Agreement)
1. The Company may make changes to the Agreement from time to time when deemed necessary, without the prior agreement of the User.
2. In the event the Company makes changes as provided for in the preceding paragraph, we will notify the User, such as by notifying the User inside the Application. Changes to the Agreement take effect from the time the Company notifies the User.
3. When the User uses the Services after changes have been made to the Agreement, use of the Services by the User will be deemed as acceptance of the updated Agreement.
Article 4 (Use by Children)
You must be at least 13 years of age (or such other minimum age as is applicable in your country of residence) to use the Services. If you are aged between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review this Agreement together. Parents and guardians are responsible for the acts of children under 18 years of age when using the Services. The Company recommends that parents and guardians familiarize themselves with parental controls on devices they provide to their child.
Article 5 (Accounts)
1. Users must register an account in order to use the Services.
2. Service accounts are non-transferrable. The User may not transfer, lend, trade, or pledge any of the User's usage rights in conjunction with the Services, including accounts, to a third party.
3. The information provided by the User when registering an account must be truthful, complete and accurate. The User shall keep the information up-to-date following registration. The Company shall not bear any responsibility whatsoever for any issues that may arise from the User's failure to provide truthful, complete, and accurate information.
Article 6 (Management of Accounts and Devices)
1. The User shall be responsible for managing the Device on which the account and Application reside.
2. The Company may regard any action performed under an account as an act of the User.
3. When the User becomes aware of unauthorized or illegal use of the account by a third party, or the possibility thereof, the User shall immediately notify the Company and take all reasonable and necessary measures to prevent the occurrence or spread of loss or damage ("Damages") that may arise from the illegal use of the account.
4. If the required User information is not registered, the Company may restrict use of all or part of the Services if we deem it necessary.
5. The User shall be wholly responsible for all acts performed and results thereof while using the Services.
Article 7 (Fees and Expenses)
1. The Services may be used for free, however, some optional paid services are also included.
2. The User shall be responsible for all expenses required to use the Services, including the cost of purchasing the device, data fees, and so on.
Article 8 (Game Currency)
1. The User may purchase Crystals using the payment method of the User's choice, such as credit card or carrier payment.
2. When the User purchases Crystals, the Company will grant Crystals to the User by storing and accumulating information in the account of the User.
3. The User may only use the Crystals in conjunction with the Services. The User may use Crystals that the User has purchased to purchase items for use with the Services.
4. The User acknowledges that due to the nature of Internet communications, there may be some delay between the time of completing purchase of Crystals and the time of receiving the Crystals.
5. The Crystals owned by the User shall expire if any of the following applies:
(1) When provision of the Services ends; or
(2) When the account of the User is deleted.
6. The Company will not refund the purchase amount of Crystals nor exchange the amount for digital currency issued by a third party for any reason (including the provisions of the preceding paragraph), except when obligated the refund the amount pursuant the laws of your country of residence.
Article 9 (Game Data)
1. If any of the following items are applicable, the Company may delete, change, or migrate the game data in whole or in part without giving prior notice to the User.
(1) When provision of the Services ends;
(2) When the account of the User is deleted;
(3) When the Services are taken over by other services managed by the Company or a third party;
(4) When the content of the game data is in violation of the Agreement;
(5) When the amount of game data exceeds the limit separately stipulated by the Company, or there is a possibility thereof, or it becomes difficult for the Company to maintain the game data for technical or other reasons;
(6) When the Company deems it necessary for the provision or maintenance of the Services;
(7) When the Company deems that there may be hindrance to the smooth running of the Services;
(8) When the Company deems it necessary for other reasons;
2. The Company shall not be responsible for migration of the game data provided for in the preceding paragraph.
3. The Company shall not bear any responsibility whatsoever for Damages incurred by the User or a third party arising from performing or not performing migration of game data.
Article 10 (Method of Notification)
1. The Company shall notify the User by display while using the Services, by email, or other reasonable means, except where provided for separately under the Agreement.
2. If the User is notified by display while using the Services, it shall be deemed that notification of the User is complete as at the time of said display.
3. If the User is notified by email, it shall be deemed that notification of the User is complete at the time an email is sent to the email address of each User registered at the applicable point in time.
Article 11 (Change, Restriction, Temporary Suspension, or Termination of the Services)
1. If the Company deems that any of the following are applicable in relation to the management and provision of the Services, we may change, restrict, temporarily suspend, or terminate the Services, in whole or in part, without giving the prior notice to the User:
(1) When unavoidable for operational or technical reasons, such as regular inspections and maintenance of a server;
(2) When there is interference to the normal use of the Services, such as power outages, equipment failure, or sudden increases in demand;
(3) When the Services can no longer be provided due to disposition by an administrative body or by decision of a court;
(4) When the Services cannot be provided due to a force majeure event such as a natural disaster;
2. When the Company terminates the Services for reasons other than provided for in the preceding paragraph, we may, at our discretion, give prior notice to the User in a way that we deem appropriate, such as on this website or by email, but may do so without the prior agreement of the User. However, suspension of the purchase of Crystals, suspension of the sale of items, or other partial termination of the Services may take place at the same time as when the User is notified.
3. The Company shall not bear any responsibility whatsoever in respect to the User in the event of a change, restriction, temporary suspension, or termination of the Services.
Article 12 (Prohibitions)
1. When using the Services, the User must not perform, nor instruct, instigate or coerce a third party to perform, any acts that fall under the following:
(1) Acts that violate, or risk violating, the Agreement, the laws of the User's country of residence, or public order and morals;
(2) Acts that disclose personal information of oneself or a third party;
(3) Acts that infringe, or risk infringing, the Intellectual Property Rights or other rights of the Company or a third party;
(4) Acts that unfairly discriminate against, slander, damage the credit of, infringe on the privacy of, or violate the trust of the Company or a third party;
(5) Acts that cause damage, or risk causing damage to, the Company or a third party;
(6) Acts that interfere with, or risk interfering with, the Services;
(7) Acts of fraud (including the use of a computer to commit fraud), disrupting business (including the use of a computer to disrupt business), illegal access, and using illegal programs or external tools to cause the game balance, to collapse;
(8) Fraudulently acquire items by cancellation of payment or refund;
(9) Pretend to be a third party to use the Services;
(10) Illegally use the account information of a third party to use the Services;
(11) Grant, sell, or offer for cash or other consideration the Crystals and items acquired in conjunction with the Services to a third party, or make other use of the Services for the purpose of making a profit;
(12) Acts that disclose, post, send, or distribute a virus that damages any equipment of the Company or of a third party;
(13) Analysis, duplication, copying, modification, addition, transformation, or secondary use, in whole or in part, of the software or data used by the Services;
(14) Acts not in accordance with the terms of use or operating procedure stipulated by the Company;
(15) Acts that interfere with operation of the Services;
(16) Any act of cheating or unfairly taking advantage of unintentional acts by the Company (including but not limited to defects, bugs, and failures), and acts performed with the purpose of benefiting oneself or a third party (including promoting the Services for an advantage) by using data that has been intentionally altered or by using a program that has not been approved by the Company; or
(17) Other acts that the Company deems to be inappropriate.
2. The User shall bear full legal responsibility for any Damages incurred by the Company or a third party as a result of any acts by the User that are in violation of the Agreement.
Article 13 (Disclaimers)
1. The Company shall bear no responsibility whatsoever for any temporary or long-term disruption to the Services, nor for the suspension or termination of the Services themselves.
2. The Company shall not bear responsibility for any Damages incurred by the User as a result of acts by a third party, such as unauthorized access to the Services or infection by computer virus.
3. The User agrees to use the Services at the User's own responsibility, and the Company shall not bear responsibility for any Damages incurred by the User or a third party that are caused by or in connection with the Services.
4. The Company will not grant returns, refunds, or restoration at the convenience of the User of Crystals that the User has paid for or used.
5. The Company shall not bear responsibility for any Damages incurred by the User resulting from issues, promises, warranties arising between the User and advertisers in conjunction with the Services.
6. The Company shall not bear responsibility for Damages incurred by the User from being unable to use the Services normally as a result of the User modifying or retrofitting the hardware or software of the Device, nor will take any action to restore use of the Services.
7. The Company shall not be liable to compensate for Damages incurred by the User as a result of lost or forgotten registration information, nor will take individual action to restore use of the Services. In addition, the same shall apply if the registration information is lost due to unauthorized use, loss, theft or failure of the Device on which the User uses the Services.
8. The Company has no obligation to respond to or address inquiries, feedback, concepts, ideas, feature requests, game designs, or any other creative ideas given by the User in relation to the Services (together known as "Submissions"), and will do so at its discretion. If you make any Submissions, you acknowledge that you understand that the Company is in the business of making games and is constantly creating game ideas, features, concepts, technologies, designs, mechanics, and all other elements for games or Services and likely has ideas that are similar or identical to your Submissions. In addition, you acknowledge that you will receive no compensation or credit and that your Submission is not confidential. By communicating the Submission, you warrant that you are the originator of the idea and that it does not infringe on the rights of any other person or entity, and you grant the Company a worldwide, royalty-free, non-exclusive perpetual right and license to use, modify, translate, publish, perform, produce derivative works, and in any other way manifest the Submission without any liability, payment, or expense.
9. The Company shall have no obligation to fix bugs, perform other repairs, or make improvements to the Services.
Article 14 (Disclaimer of Warranties)
The Company makes no warranty about the following items or other content:
(1) That the Services be fit for the requirements and purpose of use of the User;
(2) That the Services will not be interrupted;
(3) That the information that the User obtains through use of the Services is authentic, accurate, complete, useful and reliable;
(4) That the Services have no bugs or defects;
(5) That the information transmitted using the Services will be saved on the device, it will be received by the recipient, and will be displayed on the screen;
(6) That the Application will run normally on all devices.
Article 15 (Handling of Personal Information)
The Company will handle the personal information handled in conjunction with the Services appropriately, in accordance with the separately established Privacy Policy. Refer to the Privacy Policy for details.
Article 16 (Attribution of Rights)
1. The Intellectual Property Rights and all other rights to the programs, software, documents, images, game data and all other information (hereafter "Content") that make up the Site and Services belong to the Company or third party that owns the applicable rights.
2. The Company grants the User a non-transferable, non-exclusive license to use the Content for private use within the scope related to use of the Services. The User only has usage rights to the Content within the scope provided for under the Services, and this does not constitute an ownership right to freely use, profit from or dispose of the Content, an Intellectual Property right, or other right.
Article 17 (Penalty for Violation of this Agreement)
1. In the event the Company determines that the User violates the Agreement or that the User is suspected to violate the Agreement, the Company may take any of the following without prior notice:
(1) notification or warning to the User;
(2) temporary or indefinite suspension of the usage of the account and accompanying data of the User;
(3) deletion of the account and accompanying data of the User;
(4) temporary or indefinite suspension of purchase of Crystals by the User;
(5) deletion of Crystals or items that the User has fraudulently acquired;
(6) indefinite suspension of IP address, address or credit card number of the User in connection with any services provided by the Company including the Services;
(7) claim for damages based on violation of this Agreement, infringement of copy rights or any other causes (including but not limited to the claim for damages set forth in Article 18, paragraph 1), injunction or any other legal actions against such violation or infringement or other actions; or
(8) any other acts as the Company deems necessary.
2. The Company shall not bear any responsibility for any Damages that may arise from the actions of the Company pursuant to the provisions of this Article.
3. All usage rights of the User to the Services lapse upon deletion of the account, regardless of the reason for the deletion.
Article 18 (Compensation)
1. If the Company incurs any Damages due to an act of the User, or if the Company incurs Damages as a result of receiving a claim from another user or third party, the Company may claim damages against the User, and the User shall promptly pay compensation to the Company.
2. If the Company incurs Damages due to a dispute between the User and another user or third party, the User must compensate the Company for the Damages incurred.
3. If the User is using the Services on multiple Devices at once with a single account, the User shall acknowledge that there is a risk of such use affecting the integrity of the data or causing another issue, and shall engage in such use at the User's own risk.
Article 19 (Resolution of Disputes with a Third Party)
1. In the event the User causes a third party to incur Damages for reasons attributable to the User, in relation to use of the Services, or if a claim is received from a third party, the User must deal with and resolve the matter at the User's own responsibility and expense.
2. In the event the Company makes a request in order to investigate a dispute that has arisen with a third party in relation to the Services, the User must cooperate with such request.
Article 20 (Separation of Invalid Terms)
Even if some terms in the Agreement become invalid due to the Laws and Ordinances, applicable between the Company and the User, these will not impact on the other terms under the Agreement.
Article 21 (Governing Laws)
The Agreement is governed by and construed in accordance with Japanese law.
Article 22 (Jurisdiction)
If a dispute arises between the User and the Company in relation to the Services or the Agreement, the User shall be deemed to have given its express consent to the exclusive jurisdiction of the summary court or district Court that has jurisdiction over the location where the headquarters of the Company is based, as the court of first instance.
Article 23 (Discussion)
If there is any doubt relating the Services or Agreement, the Company and User shall discuss the matter in good faith.
Issued on 17 October 2019
Last updated on 24 June 2021
Article 1 (Definitions)
The terms used in the Agreement are defined as follows:
(1) "User" means a person who installs the Application, agrees with the terms of the Agreement, and uses the Services.
(2) "Website" means the official website of the Services (https://www.lastcloudia.com/en/).
(3) "Device" means an electronic device, such as a smartphone, tablet, and the like, on which you can install and use the Application.
(4) "Game Data" means all data (including level, status, crystal balance, items, and all states that are realized through use of the Services by the User) related to the Services.
(5) "Crystal" means the virtual currency that can be used to exchange for items in the Application.
(6) "Personal Information" means information related to living individuals, including a person's name, date of birth, or other information or personal identification code that can be used to identify a specific individual (including information that can easily be compared with other information to identify a specific individual).
(7) "Intellectual Property Rights" means rights related to copyright, patent rights, utility model rights, design rights, trademark rights, know-how, and all other intellectual property rights (including the right to apply to register such rights).
Article 2 (Application of the Agreement)
1. The Agreement is between the User and the Company.
2. If the Company has separately set forth terms that fall under the following items in relation to the Services, the User shall also use the Services in accordance with such terms:
(1) Privacy Policy;
(2) Notifications issued to the User by the Company; and
(3) Terms of use and guidelines of individual services that make up the Services.
3. In the event there are provisions in the terms set forth in the preceding paragraph that differ to those of the Agreement, the terms of the Agreement shall prevail, except where it is explicitly stated that said provisions shall take priority.
Article 3 (Changes to the Agreement)
1. The Company may make changes to the Agreement from time to time when deemed necessary, without the prior agreement of the User.
2. In the event the Company makes changes as provided for in the preceding paragraph, we will notify the User, such as by notifying the User inside the Application. Changes to the Agreement take effect from the time the Company notifies the User.
3. When the User uses the Services after changes have been made to the Agreement, use of the Services by the User will be deemed as acceptance of the updated Agreement.
Article 4 (Use by Children)
You must be at least 13 years of age (or such other minimum age as is applicable in your country of residence) to use the Services. If you are aged between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review this Agreement together. Parents and guardians are responsible for the acts of children under 18 years of age when using the Services. The Company recommends that parents and guardians familiarize themselves with parental controls on devices they provide to their child.
Article 5 (Accounts)
1. Users must register an account in order to use the Services.
2. Service accounts are non-transferrable. The User may not transfer, lend, trade, or pledge any of the User's usage rights in conjunction with the Services, including accounts, to a third party.
3. The information provided by the User when registering an account must be truthful, complete and accurate. The User shall keep the information up-to-date following registration. The Company shall not bear any responsibility whatsoever for any issues that may arise from the User's failure to provide truthful, complete, and accurate information.
Article 6 (Management of Accounts and Devices)
1. The User shall be responsible for managing the Device on which the account and Application reside.
2. The Company may regard any action performed under an account as an act of the User.
3. When the User becomes aware of unauthorized or illegal use of the account by a third party, or the possibility thereof, the User shall immediately notify the Company and take all reasonable and necessary measures to prevent the occurrence or spread of loss or damage ("Damages") that may arise from the illegal use of the account.
4. If the required User information is not registered, the Company may restrict use of all or part of the Services if we deem it necessary.
5. The User shall be wholly responsible for all acts performed and results thereof while using the Services.
Article 7 (Fees and Expenses)
1. The Services may be used for free, however, some optional paid services are also included.
2. The User shall be responsible for all expenses required to use the Services, including the cost of purchasing the device, data fees, and so on.
Article 8 (Game Currency)
1. The User may purchase Crystals using the payment method of the User's choice, such as credit card or carrier payment.
2. When the User purchases Crystals, the Company will grant Crystals to the User by storing and accumulating information in the account of the User.
3. The User may only use the Crystals in conjunction with the Services. The User may use Crystals that the User has purchased to purchase items for use with the Services.
4. The User acknowledges that due to the nature of Internet communications, there may be some delay between the time of completing purchase of Crystals and the time of receiving the Crystals.
5. The Crystals owned by the User shall expire if any of the following applies:
(1) When provision of the Services ends; or
(2) When the account of the User is deleted.
6. The Company will not refund the purchase amount of Crystals nor exchange the amount for digital currency issued by a third party for any reason (including the provisions of the preceding paragraph), except when obligated the refund the amount pursuant the laws of your country of residence.
Article 9 (Game Data)
1. If any of the following items are applicable, the Company may delete, change, or migrate the game data in whole or in part without giving prior notice to the User.
(1) When provision of the Services ends;
(2) When the account of the User is deleted;
(3) When the Services are taken over by other services managed by the Company or a third party;
(4) When the content of the game data is in violation of the Agreement;
(5) When the amount of game data exceeds the limit separately stipulated by the Company, or there is a possibility thereof, or it becomes difficult for the Company to maintain the game data for technical or other reasons;
(6) When the Company deems it necessary for the provision or maintenance of the Services;
(7) When the Company deems that there may be hindrance to the smooth running of the Services;
(8) When the Company deems it necessary for other reasons;
2. The Company shall not be responsible for migration of the game data provided for in the preceding paragraph.
3. The Company shall not bear any responsibility whatsoever for Damages incurred by the User or a third party arising from performing or not performing migration of game data.
Article 10 (Method of Notification)
1. The Company shall notify the User by display while using the Services, by email, or other reasonable means, except where provided for separately under the Agreement.
2. If the User is notified by display while using the Services, it shall be deemed that notification of the User is complete as at the time of said display.
3. If the User is notified by email, it shall be deemed that notification of the User is complete at the time an email is sent to the email address of each User registered at the applicable point in time.
Article 11 (Change, Restriction, Temporary Suspension, or Termination of the Services)
1. If the Company deems that any of the following are applicable in relation to the management and provision of the Services, we may change, restrict, temporarily suspend, or terminate the Services, in whole or in part, without giving the prior notice to the User:
(1) When unavoidable for operational or technical reasons, such as regular inspections and maintenance of a server;
(2) When there is interference to the normal use of the Services, such as power outages, equipment failure, or sudden increases in demand;
(3) When the Services can no longer be provided due to disposition by an administrative body or by decision of a court;
(4) When the Services cannot be provided due to a force majeure event such as a natural disaster;
2. When the Company terminates the Services for reasons other than provided for in the preceding paragraph, we may, at our discretion, give prior notice to the User in a way that we deem appropriate, such as on this website or by email, but may do so without the prior agreement of the User. However, suspension of the purchase of Crystals, suspension of the sale of items, or other partial termination of the Services may take place at the same time as when the User is notified.
3. The Company shall not bear any responsibility whatsoever in respect to the User in the event of a change, restriction, temporary suspension, or termination of the Services.
Article 12 (Prohibitions)
1. When using the Services, the User must not perform, nor instruct, instigate or coerce a third party to perform, any acts that fall under the following:
(1) Acts that violate, or risk violating, the Agreement, the laws of the User's country of residence, or public order and morals;
(2) Acts that disclose personal information of oneself or a third party;
(3) Acts that infringe, or risk infringing, the Intellectual Property Rights or other rights of the Company or a third party;
(4) Acts that unfairly discriminate against, slander, damage the credit of, infringe on the privacy of, or violate the trust of the Company or a third party;
(5) Acts that cause damage, or risk causing damage to, the Company or a third party;
(6) Acts that interfere with, or risk interfering with, the Services;
(7) Acts of fraud (including the use of a computer to commit fraud), disrupting business (including the use of a computer to disrupt business), illegal access, and using illegal programs or external tools to cause the game balance, to collapse;
(8) Fraudulently acquire items by cancellation of payment or refund;
(9) Pretend to be a third party to use the Services;
(10) Illegally use the account information of a third party to use the Services;
(11) Grant, sell, or offer for cash or other consideration the Crystals and items acquired in conjunction with the Services to a third party, or make other use of the Services for the purpose of making a profit;
(12) Acts that disclose, post, send, or distribute a virus that damages any equipment of the Company or of a third party;
(13) Analysis, duplication, copying, modification, addition, transformation, or secondary use, in whole or in part, of the software or data used by the Services;
(14) Acts not in accordance with the terms of use or operating procedure stipulated by the Company;
(15) Acts that interfere with operation of the Services;
(16) Any act of cheating or unfairly taking advantage of unintentional acts by the Company (including but not limited to defects, bugs, and failures), and acts performed with the purpose of benefiting oneself or a third party (including promoting the Services for an advantage) by using data that has been intentionally altered or by using a program that has not been approved by the Company; or
(17) Other acts that the Company deems to be inappropriate.
2. The User shall bear full legal responsibility for any Damages incurred by the Company or a third party as a result of any acts by the User that are in violation of the Agreement.
Article 13 (Disclaimers)
1. The Company shall bear no responsibility whatsoever for any temporary or long-term disruption to the Services, nor for the suspension or termination of the Services themselves.
2. The Company shall not bear responsibility for any Damages incurred by the User as a result of acts by a third party, such as unauthorized access to the Services or infection by computer virus.
3. The User agrees to use the Services at the User's own responsibility, and the Company shall not bear responsibility for any Damages incurred by the User or a third party that are caused by or in connection with the Services.
4. The Company will not grant returns, refunds, or restoration at the convenience of the User of Crystals that the User has paid for or used.
5. The Company shall not bear responsibility for any Damages incurred by the User resulting from issues, promises, warranties arising between the User and advertisers in conjunction with the Services.
6. The Company shall not bear responsibility for Damages incurred by the User from being unable to use the Services normally as a result of the User modifying or retrofitting the hardware or software of the Device, nor will take any action to restore use of the Services.
7. The Company shall not be liable to compensate for Damages incurred by the User as a result of lost or forgotten registration information, nor will take individual action to restore use of the Services. In addition, the same shall apply if the registration information is lost due to unauthorized use, loss, theft or failure of the Device on which the User uses the Services.
8. The Company has no obligation to respond to or address inquiries, feedback, concepts, ideas, feature requests, game designs, or any other creative ideas given by the User in relation to the Services (together known as "Submissions"), and will do so at its discretion. If you make any Submissions, you acknowledge that you understand that the Company is in the business of making games and is constantly creating game ideas, features, concepts, technologies, designs, mechanics, and all other elements for games or Services and likely has ideas that are similar or identical to your Submissions. In addition, you acknowledge that you will receive no compensation or credit and that your Submission is not confidential. By communicating the Submission, you warrant that you are the originator of the idea and that it does not infringe on the rights of any other person or entity, and you grant the Company a worldwide, royalty-free, non-exclusive perpetual right and license to use, modify, translate, publish, perform, produce derivative works, and in any other way manifest the Submission without any liability, payment, or expense.
9. The Company shall have no obligation to fix bugs, perform other repairs, or make improvements to the Services.
Article 14 (Disclaimer of Warranties)
The Company makes no warranty about the following items or other content:
(1) That the Services be fit for the requirements and purpose of use of the User;
(2) That the Services will not be interrupted;
(3) That the information that the User obtains through use of the Services is authentic, accurate, complete, useful and reliable;
(4) That the Services have no bugs or defects;
(5) That the information transmitted using the Services will be saved on the device, it will be received by the recipient, and will be displayed on the screen;
(6) That the Application will run normally on all devices.
Article 15 (Handling of Personal Information)
The Company will handle the personal information handled in conjunction with the Services appropriately, in accordance with the separately established Privacy Policy. Refer to the Privacy Policy for details.
Article 16 (Attribution of Rights)
1. The Intellectual Property Rights and all other rights to the programs, software, documents, images, game data and all other information (hereafter "Content") that make up the Site and Services belong to the Company or third party that owns the applicable rights.
2. The Company grants the User a non-transferable, non-exclusive license to use the Content for private use within the scope related to use of the Services. The User only has usage rights to the Content within the scope provided for under the Services, and this does not constitute an ownership right to freely use, profit from or dispose of the Content, an Intellectual Property right, or other right.
Article 17 (Penalty for Violation of this Agreement)
1. In the event the Company determines that the User violates the Agreement or that the User is suspected to violate the Agreement, the Company may take any of the following without prior notice:
(1) notification or warning to the User;
(2) temporary or indefinite suspension of the usage of the account and accompanying data of the User;
(3) deletion of the account and accompanying data of the User;
(4) temporary or indefinite suspension of purchase of Crystals by the User;
(5) deletion of Crystals or items that the User has fraudulently acquired;
(6) indefinite suspension of IP address, address or credit card number of the User in connection with any services provided by the Company including the Services;
(7) claim for damages based on violation of this Agreement, infringement of copy rights or any other causes (including but not limited to the claim for damages set forth in Article 18, paragraph 1), injunction or any other legal actions against such violation or infringement or other actions; or
(8) any other acts as the Company deems necessary.
2. The Company shall not bear any responsibility for any Damages that may arise from the actions of the Company pursuant to the provisions of this Article.
3. All usage rights of the User to the Services lapse upon deletion of the account, regardless of the reason for the deletion.
Article 18 (Compensation)
1. If the Company incurs any Damages due to an act of the User, or if the Company incurs Damages as a result of receiving a claim from another user or third party, the Company may claim damages against the User, and the User shall promptly pay compensation to the Company.
2. If the Company incurs Damages due to a dispute between the User and another user or third party, the User must compensate the Company for the Damages incurred.
3. If the User is using the Services on multiple Devices at once with a single account, the User shall acknowledge that there is a risk of such use affecting the integrity of the data or causing another issue, and shall engage in such use at the User's own risk.
Article 19 (Resolution of Disputes with a Third Party)
1. In the event the User causes a third party to incur Damages for reasons attributable to the User, in relation to use of the Services, or if a claim is received from a third party, the User must deal with and resolve the matter at the User's own responsibility and expense.
2. In the event the Company makes a request in order to investigate a dispute that has arisen with a third party in relation to the Services, the User must cooperate with such request.
Article 20 (Separation of Invalid Terms)
Even if some terms in the Agreement become invalid due to the Laws and Ordinances, applicable between the Company and the User, these will not impact on the other terms under the Agreement.
Article 21 (Governing Laws)
The Agreement is governed by and construed in accordance with Japanese law.
Article 22 (Jurisdiction)
If a dispute arises between the User and the Company in relation to the Services or the Agreement, the User shall be deemed to have given its express consent to the exclusive jurisdiction of the summary court or district Court that has jurisdiction over the location where the headquarters of the Company is based, as the court of first instance.
Article 23 (Discussion)
If there is any doubt relating the Services or Agreement, the Company and User shall discuss the matter in good faith.
Issued on 17 October 2019
Last updated on 24 June 2021