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PICK A BOO End User License Agreement (EULA)
This End User License Agreement (hereinafter referred to as the "Agreement") sets forth the terms and conditions governing the use of the game "PICK A BOO" (hereinafter referred to as the "Game"), provided by Game&Co.Inc. (hereinafter referred to as the "Operator").
Any person who uses the Game (hereinafter referred to as a "User") must review and agree to the terms of this Agreement before using the Game.
Article 1 (License Grant)
1. The Operator grants Users who have lawfully acquired the right to use the Game through Steam a non-exclusive license to use the Game for personal, non-commercial purposes, subject to Steam's terms of service and this Agreement.
2. All copyrights and other intellectual property rights in the software, images, audio, and other content included in the Game belong to the Operator or their respective lawful rights holders. However, rights relating to user-generated content created by Users shall be governed by Article 2.
Article 2 (User-Generated Content)
1. The Game may allow Users to create content using in-game features and share such content with other Users. Such content is hereinafter referred to as "User-Generated Content" ("UGC").
2. Rights in the portions of UGC created by a User shall belong to that User or the respective lawful rights holder. However, rights in materials and other assets provided by the Game shall remain with their respective rights holders.
3. Each User grants the Operator a royalty-free, non-exclusive license to use their UGC to the extent necessary for providing the Game, displaying and sharing UGC, investigating violations, and appropriately administering the Game, as well as for advertising and promoting the Game, including featuring UGC on official websites, social media platforms, video streaming services, and similar media.
4. Each User shall ensure that any UGC they create or share does not infringe upon the rights of third parties or violate this Agreement. In the event that any claim of infringement or other dispute arises with a third party in connection with UGC created or shared by a User, the User shall resolve such dispute at their own responsibility and expense and shall not cause the Operator any inconvenience, loss, or damage.
Article 3 (Prohibited Conduct)
Users shall not engage in any of the following activities when using the Game:
1. Creating or sharing UGC containing content contrary to public order or morals, discriminatory expressions, defamatory or abusive statements, sexually explicit content, or obscene material.
2. Disclosing another person's personal information or information that infringes upon another person's privacy.
3. Engaging in any act that infringes upon a third party's copyrights, rights to their likeness, or any other rights.
4. Harassing, threatening, or persistently disturbing other Users, or otherwise engaging in conduct that substantially interferes with online gameplay.
5. Using cheat tools, making unauthorized modifications to game data, exploiting bugs or glitches, or engaging in any other conduct that interferes with fair gameplay or the normal operation of the Game.
6. Engaging in any other conduct that violates applicable laws or regulations, or that, in a manner similar to the preceding items, interferes with the safe and orderly operation of the Game.
7. Engaging in activities intended to promote or advertise external websites, social media accounts, products, or services, or to conduct or solicit transactions involving money or goods, including the inclusion of URLs, QR codes, or similar information in UGC.
8. Selling, purchasing, exchanging, or transferring UGC, in-game accounts, in-game features, or similar items in exchange for real-world money, goods, or anything else of monetary value (including real-money trading), or otherwise using the Game for commercial purposes beyond personal use.
Article 4 (Reporting Function)
1. Users who discover conduct that violates this Agreement may report such conduct to the Operator using the in-game reporting function.
2. When a report is submitted, information necessary to verify the alleged violation, including face data created by the reported User, may be transmitted to the Operator.
3. The Operator shall use the reported information for the purpose of investigating and addressing potential violations.
4. The submission of a report alone shall not constitute a determination that a violation has occurred. The Operator shall review the reported information and determine what action, if any, is necessary.
Article 5 (Measures Against Violations)
1. If the Operator reasonably determines that a User has violated this Agreement, the Operator may take any of the following measures, depending on the nature and severity of the violation:
- Deleting, removing from public view, or resetting to its initial state all or part of the relevant UGC.
- Temporarily suspending the User's access to the Game's online features.
- Permanently suspending the User's access to the Game's online features (a "ban").
2. The Operator may take such measures without prior warning, depending on the severity or urgency of the violation.
3. Any suspension imposed under this Article applies only to the online features of the Game managed by the Operator and does not constitute a suspension of the User's Steam account itself.
4. The Operator shall take such measures only to the extent reasonably necessary for the proper operation and administration of the Game.
Article 6 (Operation of the Service)
The Operator may modify or temporarily suspend the Game's online features for reasons necessary to ensure the safety and security of the Game, correct defects, perform maintenance, or address other operational requirements.
Article 7 (Disclaimers and Limitation of Liability)
1. The Game is provided "as is." The Operator does not warrant that the Game will be free from defects or interruptions, that data integrity will be maintained, or that the Game will function properly in all operating environments.
2. Except in cases of intentional misconduct or gross negligence on the part of the Operator, the Operator shall not be liable for any damages suffered by Users arising from the use of the Game, defects or malfunctions, server downtime, loss of data, or other similar circumstances.
3. Even where the Operator is liable for damages under applicable laws or regulations, such liability shall be limited to direct, actual, and ordinary damages incurred by the User and shall not exceed the amount paid by the User through Steam to purchase the Game.
Article 8 (Handling of Information)
The Operator shall appropriately handle information necessary for providing the Game, responding to reports, investigating violations, and implementing suspension measures, in accordance with applicable laws and regulations.
Article 9 (Amendments to the Agreement)
The Operator may amend this Agreement in accordance with applicable laws and regulations where reasonably necessary, including in response to changes in laws or regulations, changes to the services provided, or other reasonable circumstances.
In the event of any amendment, the Operator shall notify Users of the details of the amendment and its effective date through Steam or other appropriate means.
Article 10 (Governing Law)
1. This Agreement shall be governed by and construed in accordance with the laws of Japan. However, nothing in this Agreement shall limit any rights granted to Users under mandatory provisions of applicable law.
2. The Tokyo District Court shall have exclusive jurisdiction as the court of first instance over any and all disputes arising out of or relating to the Game or this Agreement between the Operator and a User.