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"Saga & Seeker" Terms of Service
MALE Inc. (hereinafter referred to as the "Company") provides the Service based on the following Terms of Service (hereinafter referred to as these "Terms").Article 1 (Application and Amendment of the Terms)
These Terms shall apply to all relationships between the Company and the Customer regarding the use of the Service. Any rules regarding the use of the Service established by the Company shall constitute a part of these Terms and shall be applied as a single set of provisions. In the event of any discrepancy between such rules and these Terms, the rules shall take precedence.
These Terms stipulate all agreements between the Customer and the Company regarding the Service as of the date the Service Agreement is formed. Unless otherwise specified in these Terms, if any agreement or proposal regarding the Service conflicts with these Terms, the provisions of these Terms shall prevail. However, if the Company and the Customer have entered into a separate agreement in writing or by electromagnetic means that is intended to take precedence over these Terms, the contents of such agreement shall prevail.
The Company may change the contents of these Terms at any time. When the Company notifies the Customer of a change to these Terms, the change shall become effective at the time such notification takes effect (or at the time designated by the Company, if applicable). By continuing to use the Service after any changes to these Terms, the Customer is deemed to have agreed to the amended Terms.
Article 2 (Definitions)
The terms used in these Terms are defined as follows:
(1) "Service" means the game "Saga & Seeker" provided by the Company (including the game after any changes to its name or content for any reason).
(2) "Service Agreement" means the contract regarding the use of the Service concluded between the Company and the Customer based on these Terms.
(3) "Customer" means an individual who has entered into a Service Agreement with the Company and is eligible to use the Service.
(4) "External Services" means Generative AI services provided by third parties.
(5) "Input Content" means text, settings, information, and other content that the Customer inputs, creates, posts, sends, or uploads within the Service.
(6) "Output Content" means text, settings, information, and all other content generated by the Service through External Services based on the Input Content and information within the Service.
(7) "In-game Currency" means the dedicated in-game currency "Ink" available only within the Service.
(8) "Intellectual Property Rights, etc." means patent rights, utility model rights, design rights, layout-design exploitation rights, trademark rights, copyrights (including rights stipulated in Articles 27 and 28 of the Copyright Act of Japan), and know-how (including the right to receive intellectual property rights).
Article 3 (Notifications from the Company)
All notifications from the Company to the Customer regarding the Service shall, in principle, be made through the Service or on the official website for the Service. Such notifications shall become effective at the time the Company posts or sends them.
If the Company uses a notification method other than those specified in the preceding paragraph, the notification shall become effective at the point when a period reasonably necessary for the notification to reach the Customer has elapsed.
The effectiveness of the notifications specified in the preceding two paragraphs shall arise regardless of whether the Customer has actually received or recognized the notification.
Article 4 (Content of the Agreement)
The Service Agreement between the Company and the Customer shall be formed at the time the Customer begins using the Service or agrees to these Terms.
Subject to compliance with the following items, the Company grants the Customer a non-exclusive, non-transferable, and non-sublicensable right to use the Service within the scope defined by these Terms and the terms of the platform through which the Service is provided:
(1) The Customer is 13 years of age or older.
(2) The Customer agrees to and complies with all conditions of these Terms.
Details regarding the content, specifications, and terms of provision of the Service available to the Customer shall be determined by the Company.
The Company does not guarantee that the Service will be usable in all environments used by the Customer, nor does the Company bear any obligation to perform operational verification or improvements to ensure such compatibility.
Article 5 (Intellectual Property Rights, etc.)
The Customer represents and warrants to the Company that they have the legal and legitimate authority to input, create, post, send, or upload the Input Content, that it does not infringe upon the intellectual property rights or other rights of third parties, and that it does not violate laws or contracts with third parties.
Intellectual Property Rights, etc., related to the Service and the systems, software, and all other content provided by the Company within the Service (hereinafter referred to as "Company Content") shall belong exclusively to the Company or the parties that have granted licenses to the Company. The Customer shall not process, modify, edit, reproduce, reprint, sell, transfer, lend, or perform any other act that infringes upon Intellectual Property Rights, etc., without the Company's permission.
Intellectual Property Rights, etc., in the Output Content shall belong to the Customer, excluding parts related to materials owned by the Company or third parties and parts resulting from the creative contribution of the Company or the Service.
The Company may use Input Content, Output Content, and other information regarding the use of the Service for the purpose of providing or improving the Service, or provide such information to third parties, and the Customer grants prior consent for such use or provision. The Customer shall not exercise any moral rights or other rights against such use.
The Service Agreement does not imply a license to use any Intellectual Property Rights, etc., of the Company or the parties that have granted licenses to the Company beyond the scope of using the Service as intended.
Article 6 (External Services)
The Service is provided using the API functions of External Services. The Customer's Input Content is sent to the servers of External Services via API. However, the Company shall configure settings so that the transmitted information is not used for AI training by the External Services.
The Customer acknowledges in advance that the provision of all or part of the Service may be interrupted, delayed, or restricted due to specification changes or suspension of External Services.
The Customer acknowledges in advance that Output Content may be identical or similar to Output Content generated by other Customers in the past or future.
Article 7 (Handling of Input Content)
The Company may save the Customer's Input Content and the resulting Output Content for purposes such as ensuring smooth gameplay, but the Company assumes no obligation regarding the preservation, management, backup, or deletion of the Customer's Input Content.
The Company may edit or delete Input Content and all other information stored or managed on the servers used for the Service at any time.
The Company may provide Input Content, Output Content, and other information held within the Service if requested based on law (such as court orders or requests for cooperation in police investigations).
Article 8 (Operation of the Service)
The Service includes items and services provided for a fee. When using such items or services, the Customer shall pay the consideration by the method separately designated by the Company. Except as required by applicable laws, the Company will not refund any consideration paid by the Customer regarding the Service for any reason.
The Customer shall purchase In-game Currency by the method designated by the Company. If the Company has set certain limits on the purchase of In-game Currency, the Customer shall purchase it within the scope of such limits.
If the Customer is a minor or otherwise has limited capacity to act, they must obtain the consent of a legal representative prior to purchasing In-game Currency.
The Customer may use In-game Currency within the limits and balances set by the Company to receive designated content within the Service. Unless otherwise specified, In-game Currency obtained free of charge shall be consumed first.
The Customer shall manage In-game Currency at their own responsibility and expense. The Company will not cancel the use of In-game Currency or exchange In-game Currency for cash or content other than the designated content within the Service for any reason.
Unless otherwise specified by law or separate regulations, the Company will not perform refunds or exchanges of In-game Currency for any reason.
Article 9 (Equipment for Using the Service)
The Customer shall prepare, maintain, and manage the computer, internet connection, and other equipment necessary to use the Service at their own expense and responsibility.
Article 10 (Prohibited Actions)
In using the Service, the Customer shall not engage in any of the following acts, or acts that the Company determines fall under or are likely to fall under any of the following:
(1) Acts that violate these Terms, laws, or regulations, or acts related to criminal activity.
(2) Acts that infringe upon the copyrights, trademark rights, privacy rights, portrait rights, honor, or other rights of third parties, including the use of Output Content that infringes on third-party rights.
(3) Acts that violate the terms of the platform through which the Service is provided.
(4) Acts that violate the terms of External Services.
(5) Acts such as reverse engineering, decompiling, or disassembling the Service's software or systems.
(6) Entering personal information or confidential information.
(7) Modifying or using programs that interfere with the provision of the Service (including the use of bots, cheat tools, etc.).
(8) Acts that cause annoyance or disadvantage to other Customers or third parties, or interfere with the Service, through unauthorized access, cracking, or imposing excessive loads on servers.
(9) Sending harmful computer programs or other acts that hinder the provision of the Service by the Company or the use of the Service by other Customers.
(10) Fraudulent acts during the settlement of consideration.
(11) Using all or part of the Service for commercial purposes without the Company's prior consent.
(12) Hosting or conducting commercial exhibitions, tournaments, or other events using all or part of the Service without the Company's prior permission (excluding private use within a limited scope such as at home or among friends).
(13) Inputting, creating, posting, sending, or uploading information that the Company deems inappropriate.
(14) Acts that defame individuals or organizations.
(15) Acts that disadvantage the Company or third parties.
(16) Acts contrary to public order and morals.
(17) Acts that assist or induce the acts specified in the preceding items.
(18) Other acts that the Company deems inappropriate.
If the Company determines that the Customer has engaged in any of the acts in the preceding paragraph, the Company may restrict the Customer's use of the Service, suspend its use, terminate the Service Agreement, or take other necessary measures without prior notice to the Customer.
Article 11 (Changes to the Service)
The Company may, at its own discretion and without prior notice, change the content or specifications of the Service (meaning improving or otherwise altering all or part of the content or specifications of the Service while maintaining its identity as a service).
The Company may terminate the provision of all or part of the Service at its own discretion upon prior notice (60 days' notice for total termination).
Article 12 (Suspension of Service Provision)
The Company may suspend the provision of all or part of the Service in any of the following cases:
(1) When performing regular or emergency maintenance, inspection, or construction of equipment (including computer systems) for providing the Service.
(2) When a failure occurs in the equipment for providing the Service.
(3) When the Service cannot be provided due to the suspension of External Services or telecommunications services.
(4) When the operation of the Service becomes impossible due to war, civil war, riot, labor dispute, fire, power outage, natural disaster, etc.
(5) When the Service cannot be provided due to measures based on laws or regulations.
(6) When the Company otherwise deems suspension unavoidable.
Article 13 (Force Majeure)
The Company shall not be liable for any damage caused to the Customer due to computer viruses, natural disasters, accidents, war, riots, civil war, enactment or abolition of laws, orders or dispositions by public authorities, or other reasons not attributable to the Company.
Article 14 (Liability for Damages)
If the Customer violates these Terms and causes damage or expenses to the Company, the Customer shall be obligated to compensate the Company for all damages and expenses incurred (including, but not limited to, ordinary damages, special damages, litigation costs, attorney fees, and costs required to restore trust; the same shall apply in this Article).
In addition to the preceding paragraph, if the Company is forced to pay damages or other payments to a third party due to the Customer's actions, the Company may claim all such damages and expenses from the Customer.
Article 15 (Disclaimer)
The Company makes no warranty regarding the accuracy, utility, legality, completeness, continuity, reproducibility (that the same request will yield the same result), fitness for a particular purpose, or achievement of expected functions or results regarding the Service, Output Content, or any other matters provided through the Service. When using Output Content, the Customer shall verify its accuracy and legality at their own responsibility.
The Customer shall resolve any disputes between the Customer and third parties related to the use of the Service at their own expense and responsibility.
Even if the Company bears liability for damages to the Customer regarding the Service for any reason, such compensation shall be limited to the amount of direct and ordinary actual damages, except as provided in the following paragraph.
If the Service Agreement falls under a consumer contract as defined by the Consumer Contract Act of Japan, provisions that completely exempt the Company from liability shall not apply. Furthermore, if the Service Agreement is a consumer contract and the Company has acted with intent or gross negligence, provisions that partially exempt the Company from liability shall not apply.
Article 16 (Handling of Personal Information)
The Customer must provide personal information requested by the Company (meaning the same as "Personal Information" defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information of Japan) after agreeing to the separately stipulated "Privacy Policy." The Company shall appropriately manage the Customer's personal information in accordance with the "Privacy Policy."
Article 17 (Assignment of Rights and Obligations)
The Customer may not assign, pledge, or otherwise dispose of their rights or obligations under the Service Agreement or In-game Currency to a third party, nor have a third party assume them, without the Company's prior written consent.
If the Company transfers the business related to the Service to another company, the Company may assign the rights and obligations under the Service Agreement and the information necessary for providing the Service to the transferee of such business transfer, and the Customer grants prior consent to such assignment. The business transfer specified in this paragraph shall include not only ordinary business transfers but also company splits and any other cases where the business is transferred.
Article 18 (Jurisdiction)
In the event of a dispute arising out of or in connection with the Service Agreement, the Tokyo District Court shall be the exclusive agreement jurisdictional court of first instance.
Article 19 (Governing Law)
All matters regarding the Service Agreement shall be interpreted in accordance with the laws of Japan.
Article 20 (Severability)
Even if any provision of these Terms or part thereof is determined to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the validity of the remaining portions of these Terms shall not be affected. Such illegal, invalid, or unenforceable provision or part shall be replaced with a valid provision that most closely achieves the intent of the original provision, or shall be interpreted reasonably to be a valid provision that most closely achieves the original intent.
Article 21 (Consultation)
Any matters not stipulated in these Terms or any doubts regarding the interpretation of these Terms shall be resolved through consultation between the Company and the Customer in accordance with the principle of good faith.
Article 22 (Prepaid Payment Instruments)
In-game Currency is treated as a Prepaid Payment Instrument in accordance with the Payment Services Act of Japan. Content within the Service purchased with In-game Currency is deemed to have been provided as a service at the time of its acquisition and does not fall under Prepaid Payment Instruments.
Article 23 (Language)
These Terms are prepared in Japanese and English. In the event of any discrepancy or doubt, the Japanese version shall prevail. The English version is provided for reference purposes only.