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Terms of Use for “LAPPY GAMES”
Tokyo Broadcasting System Television, Inc. (hereinafter referred to as "TBS") has established this Terms of Use (hereinafter referred to as the "Terms") for the purpose of defining the terms and conditions for the use of the game software program "LAPPY GAMES" provided by TBS. All users shall use this software in accordance with the Terms.
1. Definitions
As used herein, the expressions set forth hereunder, unless the context otherwise herein requires, shall have the following meaning:
"Software" means the game software program "LAPPY GAMES" provided by TBS (including any modifications, etc., made by additional or revised programs as defined in Article 9, Paragraph 3).
"User" means any person who uses the Software.
"Content" means the video, images, sound, music, text, programs, code, and other contents provided within the Software.
"Site" means the official website of the Software managed and operated by TBS.
"Third-Party Platforms, etc." means services provided by third parties other than TBS, such as Valve Corporation and Nintendo Co., Ltd.
2. Application of the Terms
2.1 The purpose of the Terms is to define the terms of use and the rights and obligations pertaining to the Software, and the Terms shall apply to all relationships between TBS and the User with respect to the Software.
2.2 TBS grants the User a license to access and use the Software, and the User shall use the Software in accordance with the provisions of the Terms.
3. Amendment of the Terms
3.1 TBS may amend the Terms at any time without obtaining the prior consent of the User if the amendment is in the general interest of the User, or if the amendment is reasonable in light of the necessity for the amendment, the appropriateness of the amended provisions, and other circumstances related to the amendment, provided that the amendment does not conflict with the purpose of the Software. TBS will notify the User of the provisions of the amended Terms and their effective date in accordance with the provisions of Article 6.
3.2 Any amendment to the Terms as set forth in the preceding paragraph shall become effective from the effective date notified or made public to the User in accordance with the provisions of Article 6.
4. License to Use
4.1 Any person who wishes to use the Software may do so by agreeing to the Terms and installing the Software on their owned devices or terminals.
4.2 Only persons who meet all of the following conditions may use the Software:
(i) Those who can understand, agree to, and comply with the Terms.
(ii) In the case of minors and persons with limited legal capacity, those who have obtained the consent of their parental authority or guardians regarding the provisions of the Terms and have received an explanation for the preceding item from such parental authority or guardians.
4.3 Any person who falls under any of the following items may not use the Software. TBS may refuse or suspend the use of the Software if TBS determines that the User falls under any of the following items:
(i) Those who have previously violated the Terms.
(ii) Any other person whom TBS deems inappropriate due to a high probability of violating the Terms.
5. Third-Party Platforms, etc.
5.1 When using Third-Party Platforms, etc. in connection with the Software, the User shall comply with the terms of use and other provisions of such Third-Party Platforms, etc.
5.2 In the case of the preceding paragraph, the User shall use Third-Party Platforms, etc. at their own responsibility and expense, and TBS shall not be liable for any damages incurred by the User as a result of using Third-Party Platforms, etc.
6 . Notices
6.1 Any notice from TBS to the User will be provided through postings on the Software or the Site, or by any other method TBS deems appropriate.
6.2 In the case of the preceding paragraph, when TBS posts a notice on the Software or the Site, such notice will be deemed to have reached the User at the time of its posting.
6.3 The User is responsible for periodically checking notices from TBS. TBS will not be liable for any damages incurred by Users or third parties due to a User's failure to check these notices.
7. Price of the Software
7.1 The price of the Software will be the amount displayed on each Third-Party Platform, etc. Users must confirm this amount before making a purchase.
7.2 Additional or revised programs mentioned in Article 9, Paragraph 3 will, in principle, be provided free of charge. However, this shall not apply if TBS separately decides to provide them for a fee.
8. Prohibited Actions
When using the Software or Content, Users shall not engage in any of the following actions:
(i) Any act that infringes upon the copyrights or other intellectual property rights, or any other rights, of TBS or third parties (including Third-Party Platforms, etc.; hereinafter the same in this Article).
(ii) Any act that violates the privacy, portrait rights, publicity rights, or other personal rights of TBS or third parties.
(iii) Any act that slanders or defames TBS or third parties.
(iv) Any act of submitting false information.
(v) Any act of reproducing (including screenshots, etc., but excluding reproductions necessary for installing the Software), distributing, publicly transmitting (excluding methods specifically approved by TBS), modifying, licensing to a third party, or otherwise using the Software for any purpose other than the User's personal use.
(vi) Any act of analyzing the program, such as reproduction, adaptation, modification, reverse engineering, or decompilation.
(vii) Any act that negatively impacts the operation of the Software, such as circumvention of copy protection or unauthorized access.
(viii) Developing, distributing, or using tools or programs for fraudulent purposes, or inducing, soliciting, or assisting third parties in such acts.
(ix) Any act that causes damage to TBS or third parties.
(x) Commercial use in internet cafes, arcades, or other locations without the prior written consent of TBS.
(xi) Hosting or providing commercial events, tournaments, etc., without the prior written consent of TBS.
(xii) Intentionally exploiting glitches, defects, or other issues in the program.
(xiii) Any act that violates laws or regulations.
(xiv) Any act contrary to public order and morals.
(xv) Providing benefits or other forms of cooperation to anti-social forces.
(xvi) Any act equivalent to or potentially leading to the acts listed in the preceding items.
(xvii) Any other act that TBS determines hinders or may hinder the provision of the Software.
9. Maintenance and Provision of Additional/Revised Programs
9.1 TBS may temporarily suspend the provision of all or part of the Software without prior notice to the User in any of the following cases:
(i) When necessary maintenance is performed for the normal operation of the Software.
(ii) When the operation of the Software is hindered due to failures in computers or communication lines, erroneous operations, excessive concentration of access, unauthorized access, hacking, or other issues.
(iii) When unavoidable urgent circumstances arise.
(iv) When TBS otherwise deems it necessary.
9.2 Users shall, at their own responsibility and expense, acquire or prepare the necessary hardware, communication lines, network environment, software, operating systems, and other operating environments, as well as third-party software and account authentication required for authentication, to use the Software.
9.3 TBS may, at its sole discretion, provide additional or revised programs for the Software at any time, for purposes such as modifying the content of the Software, extending functionalities, adding content, and correcting bugs.
9.4 The temporary suspension of the Software as described in Paragraph 1 and the provision of additional or revised programs as described in the preceding paragraph are carried out at TBS's sole discretion, and TBS is not obligated to perform them.
10. Changes to Content, etc.
10.1 TBS may, at its sole discretion, change the content of the Software or terminate its provision at any time.
10.2 TBS makes no warranties to the User, whether express or implied, regarding the Software and Content, including but not limited to their functionality, accuracy, completeness, safety, effectiveness (including fitness for a particular purpose), continued provision, or any other matter whatsoever.
11. Cooperation with Investigations and Suspension of Use, etc.
11.1 If TBS determines that the User is using the Software or Content in violation of the Terms, or is likely to do so, or if TBS deems it necessary, TBS may at any time request the User to cooperate with an investigation. The User shall comply immediately without objection. In such case, if the User's violation of the Terms is confirmed, the provisions of the following paragraph shall apply.
11.2 If TBS determines that the User falls under any of the following items, TBS may, without any prior notice or demand, suspend or restrict the User's use of all or part of the Software and Content, or take any other measures deemed necessary by TBS, including the termination of the contractual relationship with the User concerning the Software:
(i) Violation of any item in Article 8.
(ii) Engaging in any act that violates laws, regulations, or the Terms, etc.
(iii) A minor or a person with limited legal capacity using the Software without the consent of their parental authority or guardian.
(iv) Engaging in any act that makes the continued use of the Software and Content inappropriate.
(v) Any act equivalent to or likely to fall under the preceding four items, as determined by TBS.
12. Disclaimer
12.1 TBS shall not be liable for any damages incurred by the User due to the temporary suspension of all or part of the Software's provision, changes to the Software's content, or termination of the Software's provision, in accordance with the Terms.
12.2 TBS shall not be liable for any damages incurred by the User due to natural disasters, communication line failures, power outages, suspension or specification changes of Third-Party Platforms, etc. used in the operation of the Software, excessive concentration of access to servers, or any other cause not attributable to TBS.
12.3 TBS shall not be liable for the content of information or software contained in websites linked from the Site that are outside TBS's control.
12.4 The scope of TBS's liability to the User regarding the Software, Content, and the Terms shall be limited to ordinary damages directly and actually incurred by the User, regardless of the cause of action, including but not limited to breach of contract or tort. TBS shall not be liable for damages arising from special circumstances, indirect damages, or lost profits, regardless of whether TBS could foresee such damages.
12.5 In the event TBS is liable for damages to the User regarding the Software, Content, and the Terms, the amount of such damages shall be capped at the purchase price of the Software.
12.6 The provisions of the preceding two paragraphs shall not apply if TBS has acted with willful misconduct or gross negligence.
13. Ownership of Intellectual Property Rights
13.1 All intellectual property rights in and to the Software, the Site, the Content, and any tangible or intangible components constituting or attached thereto, shall belong to TBS or third parties who have licensed their use to TBS.
13.2 The provision of the Software by TBS shall not be construed as the transfer or granting of any rights by TBS in and to the Software and Content to the User, unless otherwise specified by TBS.
14. Handling of Personal Information
The handling of the Users' personal information acquired by TBS through the operation of the Software shall be governed by the "Global Privacy Policy for “LAPPY GAMES”, which TBS separately establishes and publicly announces.
15. Compensation for Damages
15.1 In the event the User violates the Terms and causes damage to TBS, the User shall be responsible for compensating all such damages, including reasonable attorney's fees.
15.2 If the User violates the Terms and causes damage to a third party, the User shall resolve such issues at their own responsibility and expense, and shall not cause any trouble or damage to TBS.
16. Prohibition of Assignment, etc.
The User may not assign, transfer, succeed to, or pledge their rights or obligations under the Terms, or their status hereunder, to any third party without TBS's prior written consent.
17. Severability
If any provision of the Terms is determined to be invalid or unenforceable for whatever reason, such provision(s) shall be deemed modified to the extent necessary to make it valid and enforceable. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provisions of the Terms.
18. Governing Law and Jurisdiction
18.1 The Terms shall be governed by and construed in accordance with the laws of Japan, without regard to its conflicts of law principles.
18.2 All disputes arising between TBS and the User regarding the Terms, the Software, or the Content shall be submitted to the exclusive jurisdiction of the Tokyo District Court.
Tokyo Broadcasting System Television, Inc. (hereinafter referred to as "TBS") has established this Terms of Use (hereinafter referred to as the "Terms") for the purpose of defining the terms and conditions for the use of the game software program "LAPPY GAMES" provided by TBS. All users shall use this software in accordance with the Terms.
1. Definitions
As used herein, the expressions set forth hereunder, unless the context otherwise herein requires, shall have the following meaning:
"Software" means the game software program "LAPPY GAMES" provided by TBS (including any modifications, etc., made by additional or revised programs as defined in Article 9, Paragraph 3).
"User" means any person who uses the Software.
"Content" means the video, images, sound, music, text, programs, code, and other contents provided within the Software.
"Site" means the official website of the Software managed and operated by TBS.
"Third-Party Platforms, etc." means services provided by third parties other than TBS, such as Valve Corporation and Nintendo Co., Ltd.
2. Application of the Terms
2.1 The purpose of the Terms is to define the terms of use and the rights and obligations pertaining to the Software, and the Terms shall apply to all relationships between TBS and the User with respect to the Software.
2.2 TBS grants the User a license to access and use the Software, and the User shall use the Software in accordance with the provisions of the Terms.
3. Amendment of the Terms
3.1 TBS may amend the Terms at any time without obtaining the prior consent of the User if the amendment is in the general interest of the User, or if the amendment is reasonable in light of the necessity for the amendment, the appropriateness of the amended provisions, and other circumstances related to the amendment, provided that the amendment does not conflict with the purpose of the Software. TBS will notify the User of the provisions of the amended Terms and their effective date in accordance with the provisions of Article 6.
3.2 Any amendment to the Terms as set forth in the preceding paragraph shall become effective from the effective date notified or made public to the User in accordance with the provisions of Article 6.
4. License to Use
4.1 Any person who wishes to use the Software may do so by agreeing to the Terms and installing the Software on their owned devices or terminals.
4.2 Only persons who meet all of the following conditions may use the Software:
(i) Those who can understand, agree to, and comply with the Terms.
(ii) In the case of minors and persons with limited legal capacity, those who have obtained the consent of their parental authority or guardians regarding the provisions of the Terms and have received an explanation for the preceding item from such parental authority or guardians.
4.3 Any person who falls under any of the following items may not use the Software. TBS may refuse or suspend the use of the Software if TBS determines that the User falls under any of the following items:
(i) Those who have previously violated the Terms.
(ii) Any other person whom TBS deems inappropriate due to a high probability of violating the Terms.
5. Third-Party Platforms, etc.
5.1 When using Third-Party Platforms, etc. in connection with the Software, the User shall comply with the terms of use and other provisions of such Third-Party Platforms, etc.
5.2 In the case of the preceding paragraph, the User shall use Third-Party Platforms, etc. at their own responsibility and expense, and TBS shall not be liable for any damages incurred by the User as a result of using Third-Party Platforms, etc.
6 . Notices
6.1 Any notice from TBS to the User will be provided through postings on the Software or the Site, or by any other method TBS deems appropriate.
6.2 In the case of the preceding paragraph, when TBS posts a notice on the Software or the Site, such notice will be deemed to have reached the User at the time of its posting.
6.3 The User is responsible for periodically checking notices from TBS. TBS will not be liable for any damages incurred by Users or third parties due to a User's failure to check these notices.
7. Price of the Software
7.1 The price of the Software will be the amount displayed on each Third-Party Platform, etc. Users must confirm this amount before making a purchase.
7.2 Additional or revised programs mentioned in Article 9, Paragraph 3 will, in principle, be provided free of charge. However, this shall not apply if TBS separately decides to provide them for a fee.
8. Prohibited Actions
When using the Software or Content, Users shall not engage in any of the following actions:
(i) Any act that infringes upon the copyrights or other intellectual property rights, or any other rights, of TBS or third parties (including Third-Party Platforms, etc.; hereinafter the same in this Article).
(ii) Any act that violates the privacy, portrait rights, publicity rights, or other personal rights of TBS or third parties.
(iii) Any act that slanders or defames TBS or third parties.
(iv) Any act of submitting false information.
(v) Any act of reproducing (including screenshots, etc., but excluding reproductions necessary for installing the Software), distributing, publicly transmitting (excluding methods specifically approved by TBS), modifying, licensing to a third party, or otherwise using the Software for any purpose other than the User's personal use.
(vi) Any act of analyzing the program, such as reproduction, adaptation, modification, reverse engineering, or decompilation.
(vii) Any act that negatively impacts the operation of the Software, such as circumvention of copy protection or unauthorized access.
(viii) Developing, distributing, or using tools or programs for fraudulent purposes, or inducing, soliciting, or assisting third parties in such acts.
(ix) Any act that causes damage to TBS or third parties.
(x) Commercial use in internet cafes, arcades, or other locations without the prior written consent of TBS.
(xi) Hosting or providing commercial events, tournaments, etc., without the prior written consent of TBS.
(xii) Intentionally exploiting glitches, defects, or other issues in the program.
(xiii) Any act that violates laws or regulations.
(xiv) Any act contrary to public order and morals.
(xv) Providing benefits or other forms of cooperation to anti-social forces.
(xvi) Any act equivalent to or potentially leading to the acts listed in the preceding items.
(xvii) Any other act that TBS determines hinders or may hinder the provision of the Software.
9. Maintenance and Provision of Additional/Revised Programs
9.1 TBS may temporarily suspend the provision of all or part of the Software without prior notice to the User in any of the following cases:
(i) When necessary maintenance is performed for the normal operation of the Software.
(ii) When the operation of the Software is hindered due to failures in computers or communication lines, erroneous operations, excessive concentration of access, unauthorized access, hacking, or other issues.
(iii) When unavoidable urgent circumstances arise.
(iv) When TBS otherwise deems it necessary.
9.2 Users shall, at their own responsibility and expense, acquire or prepare the necessary hardware, communication lines, network environment, software, operating systems, and other operating environments, as well as third-party software and account authentication required for authentication, to use the Software.
9.3 TBS may, at its sole discretion, provide additional or revised programs for the Software at any time, for purposes such as modifying the content of the Software, extending functionalities, adding content, and correcting bugs.
9.4 The temporary suspension of the Software as described in Paragraph 1 and the provision of additional or revised programs as described in the preceding paragraph are carried out at TBS's sole discretion, and TBS is not obligated to perform them.
10. Changes to Content, etc.
10.1 TBS may, at its sole discretion, change the content of the Software or terminate its provision at any time.
10.2 TBS makes no warranties to the User, whether express or implied, regarding the Software and Content, including but not limited to their functionality, accuracy, completeness, safety, effectiveness (including fitness for a particular purpose), continued provision, or any other matter whatsoever.
11. Cooperation with Investigations and Suspension of Use, etc.
11.1 If TBS determines that the User is using the Software or Content in violation of the Terms, or is likely to do so, or if TBS deems it necessary, TBS may at any time request the User to cooperate with an investigation. The User shall comply immediately without objection. In such case, if the User's violation of the Terms is confirmed, the provisions of the following paragraph shall apply.
11.2 If TBS determines that the User falls under any of the following items, TBS may, without any prior notice or demand, suspend or restrict the User's use of all or part of the Software and Content, or take any other measures deemed necessary by TBS, including the termination of the contractual relationship with the User concerning the Software:
(i) Violation of any item in Article 8.
(ii) Engaging in any act that violates laws, regulations, or the Terms, etc.
(iii) A minor or a person with limited legal capacity using the Software without the consent of their parental authority or guardian.
(iv) Engaging in any act that makes the continued use of the Software and Content inappropriate.
(v) Any act equivalent to or likely to fall under the preceding four items, as determined by TBS.
12. Disclaimer
12.1 TBS shall not be liable for any damages incurred by the User due to the temporary suspension of all or part of the Software's provision, changes to the Software's content, or termination of the Software's provision, in accordance with the Terms.
12.2 TBS shall not be liable for any damages incurred by the User due to natural disasters, communication line failures, power outages, suspension or specification changes of Third-Party Platforms, etc. used in the operation of the Software, excessive concentration of access to servers, or any other cause not attributable to TBS.
12.3 TBS shall not be liable for the content of information or software contained in websites linked from the Site that are outside TBS's control.
12.4 The scope of TBS's liability to the User regarding the Software, Content, and the Terms shall be limited to ordinary damages directly and actually incurred by the User, regardless of the cause of action, including but not limited to breach of contract or tort. TBS shall not be liable for damages arising from special circumstances, indirect damages, or lost profits, regardless of whether TBS could foresee such damages.
12.5 In the event TBS is liable for damages to the User regarding the Software, Content, and the Terms, the amount of such damages shall be capped at the purchase price of the Software.
12.6 The provisions of the preceding two paragraphs shall not apply if TBS has acted with willful misconduct or gross negligence.
13. Ownership of Intellectual Property Rights
13.1 All intellectual property rights in and to the Software, the Site, the Content, and any tangible or intangible components constituting or attached thereto, shall belong to TBS or third parties who have licensed their use to TBS.
13.2 The provision of the Software by TBS shall not be construed as the transfer or granting of any rights by TBS in and to the Software and Content to the User, unless otherwise specified by TBS.
14. Handling of Personal Information
The handling of the Users' personal information acquired by TBS through the operation of the Software shall be governed by the "Global Privacy Policy for “LAPPY GAMES”, which TBS separately establishes and publicly announces.
15. Compensation for Damages
15.1 In the event the User violates the Terms and causes damage to TBS, the User shall be responsible for compensating all such damages, including reasonable attorney's fees.
15.2 If the User violates the Terms and causes damage to a third party, the User shall resolve such issues at their own responsibility and expense, and shall not cause any trouble or damage to TBS.
16. Prohibition of Assignment, etc.
The User may not assign, transfer, succeed to, or pledge their rights or obligations under the Terms, or their status hereunder, to any third party without TBS's prior written consent.
17. Severability
If any provision of the Terms is determined to be invalid or unenforceable for whatever reason, such provision(s) shall be deemed modified to the extent necessary to make it valid and enforceable. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provisions of the Terms.
18. Governing Law and Jurisdiction
18.1 The Terms shall be governed by and construed in accordance with the laws of Japan, without regard to its conflicts of law principles.
18.2 All disputes arising between TBS and the User regarding the Terms, the Software, or the Content shall be submitted to the exclusive jurisdiction of the Tokyo District Court.