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These terms and conditions of use (hereinafter referred to as the "Terms of Use" and "Agreement") are governed by enish Corporation (hereinafter referred to as the "Company") and apply to this application (hereinafter referred to as the "Service," which includes services provided through said application and services incidental thereto) to stipulate the conditions of use, precautions for use, and other necessary matters.
Article 1 (Scope and Modification, etc. of these Terms of Use, etc.)
1. Users of the Service (hereinafter referred to as "Users") shall use the Service upon agreeing to the Terms of Use. In addition, the Company may establish rules and regulations, rules of use, etc. for the Service, which shall constitute a part of this Agreement and shall apply to all use of the Service by the User (hereinafter collectively with this Agreement, the "Terms of Use, etc.").
2. The Company may modify the Terms at any time at its discretion in any of the following cases.
(1) When changes to the Terms of Use are in the general interest of Users.
(2) When modification of this Agreement is not contrary to the purpose for which this Agreement was concluded, and is reasonable in light of the necessity of the modification, reasonableness of the modified contents, details of the modification, and other circumstances pertaining to the modification.
3. Upon modification of this Agreement in accordance with the preceding paragraph, we will publicize the contents of the provisions to be modified and the effective date of the modification by posting the same on the Service at least two weeks prior to the effective date of the modification.
4. If the User does not agree to the changes in the Terms of Use, the User's registration will only be canceled and this Agreement will be terminated. If the User continues to use the Service after the date specified in the notice in Paragraph 2, the User will be deemed to have agreed to the changes in the Terms of Use.
5. By using the Service, the User agrees to the following in advance.
(1) The User's agreement to these Terms of Use and use of the Service in accordance with these Terms of Use, etc. are prerequisites for the Company to grant the User permission to use the Service. In the unlikely event that User violates these Terms of Use, etc., the Company may refuse the User access to the Service without notice. In such a case, the Company shall not refund any fees already paid by the User.
(2) The User acknowledges that the contents of the Terms of Use, etc. may be subject to change, and the User shall periodically check the contents posted on the Service.
(3) In the event of any inconsistency or conflict between the provisions of these Terms of Use and any other Terms of Use, etc., the provisions of these Terms of Use shall prevail, unless otherwise specified by the Company.
Article 2 (Use of the Service by Minors)
1. In the event that a minor uses the Service, they must first obtain the consent of a legal guardian (persons with parental authority, etc.) for any and all use of the Service. This includes the purchase and use of paid services such as virtual currency, points used within the Service, item purchases, etc. (hereinafter referred to as "Paid Services").
2. If a minor uses Paid Services within the Service, the minor may only use the Service within the maximum monthly usage amount determined separately by the Company. In this case, use of the Service within said maximum usage amount shall be deemed to be a disposition of "property permitted to be disposed of by a legal representative for a specified purpose."
3. In the event that a minor uses the Service without proper consent as stated in Paragraph 1, or uses the Service under the false pretense of being an adult by entering another date of birth, etc., the Company shall deem such act to be "using fraudulent means to appear of legal capacity to act" and will not accept the cancellation of any and all legal acts by such User in the Service.
4. If a User who was a minor at the time of consenting to these Terms of Use uses the Service after reaching the age of majority, said User shall be deemed to have ratified any and all legal acts related to the use of the Service that were committed while said User was a minor.
Article 3 (User Registration)
1. Users shall obtain their own accounts and use the Service by registering as Users of the Service.
2. User registration under the preceding paragraph may be automatically canceled in the event that a User does not use the Service for a certain period of time, or in the event that any of the conditions separately posted on the Service are met.
3. Users may obtain their own accounts.
4. When a User changes the terminal device used, the User may continue to use their account on the new terminal device (hereinafter referred to as "Account Transfer") only through the procedures prescribed by the Company. The extent to which Account Transfer is possible shall be determined by the Company.
5. In addition to the user registration stipulated in Paragraph 1, if the Company requires registration of information (including personal information such as e-mail address) for the necessary procedures, the User shall register such information in a manner separately specified by the Company.
6. The User warrants that the information they register for the Service is accurate and factual.
7. If there is any change in the information registered for the Service, the User shall promptly make the change in accordance with the procedures specified by the Company.
Article 4 (Responsibility for Management of Login Information)
1. Users are responsible for managing their user accounts (hereinafter referred to as "Login Information") and shall not allow third parties (including other Users) to use or share them.
2. Users shall be responsible for the content and results of any actions performed using their Login Information, regardless of whether or not they themselves performed such actions.
3. The Company deems any act performed using a User's Login Information to be the act of the User who is responsible for managing said information in accordance with Paragraph 1, regardless of who actually used said information to access the Service.
4. If a User forgets their Login Information, they must immediately notify the Company and follow our instructions. We are not responsible for any disadvantages (including, but not limited to, the loss of game data as defined in Article 15) that may arise from such forgetfulness.
5. The same shall apply in the event that a User loses Login Information due to unauthorized use, loss, theft, or malfunction of the terminal device used to use the Service by a third party, or any other reasons arising from the management of their terminal device.
Article 5 (Linkage with External Service Accounts)
1. The Company may provide a feature (hereinafter referred to as "External Service Linking") that allows Users to use the Service with an account and corresponding password (hereinafter referred to as "External Account Information") of a service operated by a third party other than us (hereinafter referred to as "External Service"), instead of the user ID normally issued in the Service.
2. Users, when wishing to use External Service Linking, shall do so by following the procedures separately defined by the Company for linking External Service accounts (hereinafter referred to as "Linking Procedures").
3. Users agree that we may obtain the following information about the User held by the External Service operator (hereinafter referred to as "External Service Information") during the Linking Procedures or when using our Service with an External Service account, and display the obtained information on our Service. The information obtained may be changed in the future due to the External Service operator's circumstances.
4. Users shall be responsible for acquiring an account in an External Service and for subsequent use of the External Service in accordance with its stipulated terms and conditions.
5. The provisions of the preceding article regarding Login Information shall apply mutatis mutandis to External Account Information.
Article 6 (Intellectual Property Rights)
1. Copyrights, trademarks, and other intellectual property rights related to the Service and all programs, software, trademarks, trade names, and associated technologies that comprise the server and other components of the Service shall belong to the Company or a third party with legitimate authority.
2. Users may not use any information obtained through the Service in any manner that would infringe upon the copyrights of the Company or any third party, including reproduction, publication, broadcasting, or public transmission, without prior written permission from the Company or a duly authorized third party.
Article 7 (Posted Information)
1. The Service may provide functions for posting messages or bulletin board postings (hereinafter referred to as "Posting Functions") between multiple Users.
2. Users shall be solely responsible for the content of any text, images, or other information (hereinafter referred to as "Posted Information") they post using the Posting Functions, and the Company shall assume no responsibility whatsoever.
3. The Company may store and accumulate posted information and freely use it for the smooth and complete operation of the Service, as well as for promotional purposes (including modification and use of modified versions of the information).
4. In the event that there is a third party who holds copyright and moral rights to the posted information, the User shall grant the third party permission in advance to use the information in the manner described in the preceding paragraph.
5. Users guarantee that the content of the posted information itself and our use of the posted information as per the preceding clause do not infringe any third party's copyrights, trademark rights, or other intellectual property rights, privacy rights, portrait rights, or other personal rights (hereinafter referred to as "Intellectual Property Rights, etc.").
6. The Company reserves the right to review and delete all or part of the Posted Information when we deem it necessary to do so.
Article 8 (Handling of User Information and Posted Information)
1. The Company may acquire the following information from Users (hereinafter referred to as "User Information") through the Service.
(1) Nickname, e-mail address
(2) Terminal information (terminal ID such as UDID hash value, device used, OS, language setting of the terminal, country of access, etc.)
(3) Usage status of the Service (version of the Service, usage history, etc.)
(4) External Service Information
2. In the event that User Information or Posted Information constitutes personal information under the Personal Information Protection Law, the Company will handle such information appropriately in accordance with the Company's Privacy Policy (http://www.enish.com/privacy).
3. The Company uses User Information or Posted Information for the following purposes.
(1) For identity verification.
(2) For after-sales service and inquiries.
(3) To provide notifications regarding the Service and other information regarding the Company's services.
(4) To provide advertisements regarding products or services of third parties.
(5) To conduct surveys, sweepstakes, and campaigns.
(6) To contact Users to request their consent for the handling of personal information.
(7) To investigate suspected violations of these Terms of Use, etc., or to conduct other investigations or response operations for the purpose of securing the Company's rights.
(8) To analyze User trends, etc., and to provide services, advertisements, and other information tailored to such trends.
(9) To prepare statistical information on the usage of the Service and to publicize such information on the Service or the Company's website.
4. The Company may provide User Information or Posted Information to third parties in the following cases.
(1) When there is the User's consent for disclosure or use.
(2) When it is deemed necessary to disclose such information to a third party in order to provide a service requested by the User.
(3) When sending information to the User regarding advertisements or services of the Company or a third party.
(4) When aggregating or analyzing Posted Information and User Information for the purpose of improving the Service, developing related businesses, marketing, etc.
(5) When we outsource the handling of User Information or Posted Information to a third party.
(6) When we are legitimately requested to disclose such information by a court of law, public prosecutor's office, police department, or any other public agency with the authority to do so.
(7) When required by law.
(8) When it is necessary for the protection of human life, body, or property.
(9) When disclosure is especially necessary for the improvement of public health or the sound growth of children and it is difficult to obtain the consent of the person concerned.
(10) When it is necessary to cooperate with a national agency, a local government, or an individual or entity entrusted by either a national agency or local government to execute affairs prescribed by law, and obtaining the consent of the individual is likely to impede the execution of such affairs.
(11) In the event of a business succession due to merger, business transfer, or other reasons, when disclosing the information to the successor of the business.
5. The Company may entrust all or part of the handling of User Information or Posted Information to third parties.
6. Users may request disclosure, deletion, correction, suspension of use, or discontinuation of provision of User Information they have registered on the Service, and we shall promptly respond to such requests in accordance with our Privacy Policy only when we can confirm that the request is made by the User themself.
Article 9 (Enish ID)
1. The Company may provide Users with a shared ID (hereinafter referred to as "Enish ID") to be used for account linking functions across multiple applications provided by us (including this Service, hereinafter referred to as "Our Apps"). We will not notify Users of the Enish ID assigned to them.
2. In the event that a User has obtained an account for each of Our Apps using different methods, the Company may not be able to identify the same User for each of Our Apps and may grant multiple Enish IDs to the User.
3. The Company may provide Users with portal servers or applications that are independent of Our Apps that use Enish IDs. In such cases, Users shall use such portal servers and applications upon agreeing to the terms of use separately posted by the Company.
4 A User may share and use the virtual currency designated by the Company among multiple Company applications associated with the same Enish ID for the User's purchases.
5 The Company may acquire the following information about a User and use it in other enish applications associated with that User's Enish ID.
(1) Nicknames and other profile information related to the User's registration
(2) Enish IDs of other Users whom the User has registered as friends
(3) Posted Information
Article 10 (Confidentiality of Communications)
The Company reserves the right to view, disclose, or delete information related to the confidentiality of User communications without prior notice to Users in the following cases.
(1) In the event of an enforceable disposition under the Code of Criminal Procedure or the Act on Interception of Communications for the Purpose of Criminal Investigation, a court order, or any other enforceable disposition under laws and regulations.
(2) When we determine that the requirements for a request for disclosure based on Article 4 of the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Disclosure of Identification Information of the Senders have been fulfilled.
(3) When we deem it necessary to protect the life, body, property, reputation, or privacy of another person.
(4) When we have the consent of the User.
(5) When it is necessary for the proper operation of the Service.
Article 11 (Updates to the Service)
1. Users shall download the update program or data provided by the Company when an updated version of the Service is released, and keep the Service up-to-date. The Company does not guarantee that the update program or data will be compatible with all devices and operate properly.
2. When connecting to a server (hereinafter referred to as "Server") required for using the Service, the Company may request Users to automatically download an update program or data from the Server to normalize and update their client.
Article 12 (Individual Paid Services)
1. The Company may provide Users with a system to apply for the purchase of virtual currency, points, items, etc. (hereinafter referred to as "Paid Items, etc.") through payment methods and units determined by us.
2. The Company shall provide Paid Items, etc. to Users who have applied as described in the preceding paragraph in accordance with the details of the application. However, if the Company is unable to confirm payment by the payment method selected by the User, the Company may not provide the Paid Items, etc. in accordance with the details of the application.
3. In the event of a dispute over payment between a User and a third party involved in the payment process, the dispute shall be resolved between the parties concerned, and we shall assume no responsibility whatsoever, except in cases where there are reasons attributable to us.
4. Users cannot transfer, lend, or assign their Paid Items, etc. to third parties (including other accounts created in violation of Article 3, Paragraph 3), convert them to other virtual currencies, or receive cash refunds, except when provided as a legitimate feature within the Service.
5. The Company will not refund any fees already paid by the User for any reason whatsoever. However, this shall not apply in cases where there is a reason attributable to the Company.
6. The Company will disclose Paid Items, etc. usage periods and other terms of use in the "Payment Services Act" posted within the Service. Users shall purchase and use Paid Items, etc. in accordance with such descriptions.
7. In the event of a defect in the provision of Paid Items, etc., we may substitute the provision of a replacement item for the restoration of the original condition of the defect.
8. Content separately indicated as a means of prepaid payment in the "Information Provision Based on the Payment Services Act" shall be handled as a means of prepaid payment based on the "Payment Services Act," and any other in-game content purchased from such content shall be deemed to have been provided upon acquisition, and shall not fall under the category of a prepaid means of payment.
Article 13 (User's Responsibility to Prepare Environment, etc.)
1. Users shall be responsible for the installation and configuration of equipment necessary for connection to the Server, construction of the communication environment, and expenditure of expenses.
2. Except as expressly provided in this Agreement, the Company shall not compensate any User for any expenses incurred by the User due to the non-availability or unavailability of the Service, including but not limited to, non-availability or inability to connect to the Server.
Article 14 (Changes to the Service, etc.)
1. Users shall not have any intellectual property rights or claim rights to any data comprising the Service, except for information posted by the User themself, and may use such data only to the extent permitted by these Terms of Use, etc.
2. The Company may delete, move, rebalance, or otherwise change all or part of the data comprising the Service without the prior consent of Users when we deem it necessary for the smooth operation of the Service, when we deem it beneficial to a large number of Users, or when we deem it necessary for other reasons. However, if such changes have a significant and detrimental impact on the User, the Company will notify the User of such changes in advance within the Service.
Article 15 (Handling of Game Data, etc.)
1. Virtual currency and items held by a User within the Service, usage status of the Service, game progress within the Service, information posted within the Service, and any other status realized within the Service (hereinafter referred to as "Game Data, etc." ) may be deleted after a certain period of time determined separately by the Company has elapsed from the date of the last use of the Service by such User.
2. The Company shall not guarantee that the User's Game Data, etc. will be stored or read without defect, regardless of whether before or after the period of time specified in the preceding paragraph has elapsed.
3. The Company shall not guarantee or restore any application data, etc. even if such data becomes unreadable due to a change in the User's device.
Article 16 (Prohibited Acts in Using the Service)
Users must not engage in any of the following actions, or actions that may fall under these categories.
(1) Actions that violate laws (including treaties, ordinances, regulations, and any other public norms binding Users), actions that may violate such laws, or actions that encourage or promote illegal activity.
(2) Criminal acts, acts that lead to criminal acts, and acts that encourage criminal acts.
(3) Infringement of Intellectual Property Rights, etc. of the Company or a third party.
(4) Removing or altering the copyright notice or other rights notices attached to the Service.
(5) Interfering with the Company's business through false declaration or fraud.
(6) Forcing the Company or a third party to do something for which there is no obligation or reason.
(7) Engaging in harassment, including slander, threats, discrimination, and behavior that causes anxiety or discomfort to third parties (such as posting violent, grotesque, or generally offensive text, images, drawings, or other expressions and information, attacking specific or unspecified individuals or groups, and causing mental distress to others, but not limited to these actions).
(8) Any act that defames or slanders the Company, the contents or operation of the Service or any other service or product provided by the Company.
(9) Displaying, selling, or advertising the sale of indecent content (including any expression that we deem sexually stimulating, regardless of artistic value), child pornography or child abuse, or information that violates public order and morals. This includes any media linking to or containing said content.
(10) Linking to adult sites, dating sites, or sites with age restrictions, or any other actions that may lead to such sites.
(11) Requesting relationships with the opposite sex or the same sex, responding to such requests, or mediating information regarding heterosexual and same-sex relationships.
(12) Actions that encourage, solicit, or glorify the use of stimulants, narcotics, or other drugs, underage drinking, smoking, or gambling, or that induce or solicit suicide or self-harm.
(13) Acts of cooperation/involvement with antisocial forces (defined as organized crime groups and related organizations under the Act on Prevention of Unjust Acts by Organized Crime Group Members. Same below.) or acts of soliciting antisocial forces.
(14) Posting or registering information that is false or misleading.
(15) Unlawful collection and use of third-party personal information (including disclosing identifiable information of other Users within or outside the Service, but not limited to this).
(16) Business activities, fundraising, pyramid schemes, pre-election campaigns, political activities, proselytizing, religious activities (including advertisements, promotions, and solicitations with affiliate links, as well as forwarding such content, but not limited to this).
(17) Soliciting or inviting others to participate in services other than the Service.
(18) Buying, selling, or trading Game Data, etc. (virtual currency, points, items, accounts, and anything else of value, but not limited to these) for cash or cash equivalents.
(19) Any action, regardless of if it’s within or outside the Service, that promises or prepares for the buying, selling, or trading mentioned in the previous clause (including listing on auctions and exchanging messages for buying, selling, or trading, but not limited to these).
(20) Engaging in spam activities (including linking to web pages or programs that carry out such activities, but not limited to these).
1) Spam posting: Posting or e-mailing the same or similar text by one or more Users to a posting area within the Service.
2) Spam words: An act by one or more Users of posting multiple words or phrases that are irrelevant or of little relevance to the subject area, or posting extremely long sentences or large numbers of words in a postable area within the Service.
3) Spam URLs: Actions in which one or more Users post or e-mail the same URL to a posting area within the Service.
(21) Acts of manipulating or altering any data comprising the Service in a manner other than that permitted under the Terms of Use, etc., or acts of attempting such manipulation or alteration.
(22) Modifying, disassembling, decompiling, reverse engineering, or analyzing the programs used in the Service. Acts that involve usage of the results of such acts by a third party for one's own benefit.
(23) Using applications, software, or technology as external tools that affect the Service (including, but not limited to, BOTs, cheat tools, etc. that manipulate the results of the Service) without enish's explicit consent, or exploiting bugs or other unintended behaviors to obtain Game Data, etc. or other benefits, and attempting such actions.
(24) Transmission of computer viruses, excessive amounts of data, or other acts that burden the Server.
(25) Bypassing, canceling, disabling, or otherwise circumventing technical measures taken by the Company to protect the Service.
(26) Actions by the User to connect to the Server in a manner not intended by the Company for the purpose of circumvention of prohibited activities or other illegal purposes.
(27) Acts of intermediating access to the Service by telecommunication or other means.
(28) Use of the Service with multiple login credentials from the same or multiple terminal devices, unless otherwise approved by the Company.
(29) Sharing a single account with multiple persons.
(30) Use of a third party's account, regardless of whether or not the User has consented to such use.
(31) Operating a terminal device with a loaned device, or having a third party operate a terminal device with a loaned device.
(32) Intentionally providing or disclosing information regarding malfunctions found to a third party, etc (excluding reports to the Company).
(33) Impersonating an officer or employee of the Company, customer support personnel designated by the Company, or any other third party, or falsely claiming to be in a partnership or cooperative relationship with a third party.
(34) Soliciting or encouraging a third party to commit any of the acts listed in the preceding items, or preparing to do so.
(35) Any other acts that the Company deems inappropriate, such as interfering with the operation of the Service.
Article 17 (Compensation for Damages)
1. In the event that a User violates any provision of the Terms of Use, etc., or otherwise causes damage to the Company for reasons attributable to the User, the User shall compensate the Company for the damage suffered by the Company.
2. In the event that a User suffers damages due to reasons attributable to the Company, the Company shall compensate the User for such damages to the extent of the amount paid by the User to the Company during the month immediately preceding the occurrence of such damages. However, this shall not apply if the damage was caused by intent or gross negligence on the part of the Company.
Article 18 (Dealing with Violations, etc.)
1. In the event that a User violates or is suspected of violating these Terms of Use, etc., the Company may take any of the following actions without prior notice to the User.
(1) Change or delete all or part of the User Information and Posted Information.
(2) Restrict or suspend all or part of the functions provided by the Service, including suspension of the function to post data.
(3) Deletion of Paid Items, etc. or other Game Data, etc.
(4) Suspension of use of the Service (including compulsory withdrawal from the Service).
(5) Disclosure of the fact of violation within or outside the Service, including reporting to the police or other public authorities in the event that a criminal or administrative case or other matter may arise.
2. The deletion of User Information and Posted Information in accordance with the first item of the preceding paragraph shall not reduce or exempt the responsibility of the User for the uploading of such information.
3. If a User violates any provision of these Terms of Use, etc., the User shall, at the option of the Company, compensate for damages and recover losses incurred by the Company and third parties as a result of such violation, return profits wrongfully obtained by the User, and take any other reasonably necessary measures to recover the condition caused by the violation.
4. The Company reserves the right to suspend or cancel the use of any Paid Items, etc. owned by a User without prior notice to the User if any of the following events occur, or if we determine that there is a possibility of such an event occurring.
(1) Paid Items, etc. acquired through fraudulent means.
(2) Paid Items, etc. improperly given to the User due to system failure, etc.
(3) The User fails to pay for the Paid Items, etc.
5. In addition to the provisions of Paragraph 1, the Company may suspend use of the Service without prior notice to the User in the following cases.
(1) In the event that the User does not use the Service for a period of time determined separately by the Company.
(2) When a complaint or demand is made to the Company by a third party in connection with the User's use of the Service, and when we deem it necessary.
(3) The User fails to pay for the Paid Items, etc.
(4) If it is found that the User falls under or has fallen under the category of antisocial forces, or has or has had capital, business, or other relationships with antisocial forces.
6. The Company shall not be obligated to disclose to the User the reason for taking the measures in this Article.
7. The Company may refuse to provide our services, including this Service, to Users who have been subjected to forced withdrawal as specified in Article 1, Paragraph 4 (including refusal of service provision and forced withdrawal from other registered services). We may store and use the personal information of such Users to the extent necessary for the enforcement of this measure.
Article 19 (Change, Suspension, Discontinuance, and Termination of the Service)
1. The Company may change all or part of the contents of the Service, or suspend or terminate the provision of the Service without prior notice to the User.
2. The Company may temporarily suspend or terminate the Service without prior notice to Users in the event of any of the following reasons.
(1) In the event of periodic or emergency maintenance of the facilities for the Service.
(2) In the event of natural disasters such as earthquakes, floods, and tsunamis; fire, power outages, and other unexpected accidents; or war, disputes, riots, civil commotion, or labor disputes, which make it difficult to continue operation of the Service.
(3) In the event that the Company, at its sole discretion, deems it necessary to do so for other operational or technical reasons.
3. The Company shall not be liable for any damages incurred by Users or third parties as a result of any change, interruption, suspension, or termination of the contents of the Service in accordance with this Article, except in cases where the Company has reasons attributable to it.
Article 20 (Disclaimer)
1. Even if any issues or damages occur to Users due to using the Service, the Company will not provide any compensation or indemnification.
2 The Company shall not be liable for any damages incurred by a User or third party in the event that the User violates the Terms of Use, etc., or fails to follow the procedures specified by the Company, regardless of whether or not the User is intentionally negligent.
3 The User shall handle and resolve any inquiries or complaints, etc. from or against third parties regarding the User's use of the Service at the User's own responsibility and expense, and the Company shall not be held liable for such inquiries or complaints.
4. The Company shall not be liable for any loss or damage incurred by the User due to system failure, network failure, power failure, fire, natural disaster, war, civil war, riot, labor dispute, or other causes, except for reasons attributable to the Company, even if the normal operation of the Service is disrupted by such events.
5. With regard to the Service itself, information provided by the Company to Users in the Service, and information recorded by Users in the Service, the Company does not guarantee the completeness, certainty, accuracy, validity, usefulness, or compatibility with the User's purpose of use and environment of the contents and presentations. In addition, the Company does not warrant that the Service will not infringe upon the rights of any third party.
6. The Company shall not be responsible for any maintenance, functional modification, or user support related to the Service, except for reasons attributable to the Company.
7. Users acknowledge that the amount indicated at the time of purchase of Paid Items, etc. may differ from the actual amount billed due to exchange rate fluctuations or other effects resulting from the payment method selected by the User. We assume no responsibility for the possible effects of such exchange rate fluctuations or other factors.
8. The Company shall not be liable for any damages caused by Users connecting or failing to connect to third-party servers. Users shall discuss and resolve such damages with the third-party server provider.
9. The Company shall not be liable for any damages caused by defects in the Service, except for reasons attributable to the Company.
10. The Company shall not be liable for any damages incurred by Users due to unauthorized access, computer viruses, or other third-party actions related to the Service.
11. The User understands that the functions, various data, and all other services and information provided in the Service include items that are still under development, and that they may be updated on a daily basis for other reasons. The Company does not guarantee the permanence of the services and information.
Article 21 (Withdrawal from Membership)
1. A User may withdraw from the Service by following the procedures prescribed by the Company. The Company shall deem that a User has uninstalled the Service when such User has withdrawn from the Service.
2. When a User uninstalls the Service or changes the terminal device used for the Service, all Game Data, etc. acquired by such User shall disappear. In this case, we will not refund any unused Paid Items, etc. However, this shall not apply if the account has been transferred as stipulated in Article 3, Paragraph 4.
3. The Company shall not be obligated to continue to retain User Information, Posted Information, application data, etc. related to Users who have resigned their membership.
Article 22 (Other Notes)
1. Users may use the content provided by the Company in the Service only within the scope specified by the Company.
2. The Company may distribute advertisements of the Company or third parties on the Service.
Article 23 (Terrorism, etc.)
1. The User warrants that they do not reside in a country that is under embargo by the United States government or a country designated by the United States government as a state sponsor of terrorism.
2. The User warrants that they are not a person whose transactions are prohibited or restricted by the U.S. government.
Article 24 (Support)
The User shall use the method prescribed by the Company when contacting or inquiring about the Service. The Company shall not be obligated to respond to any communication or inquiry by any method other than said method.
Article 25 (Prohibition of Assignment of Rights and Obligations)
The User shall not assign, change the name of, pledge, collateralize, or otherwise dispose of all or part of the rights, obligations, and legal status held under these Terms of Use, etc. to any third party.
Article 26 (Validity of these Terms of Use)
1. Even if any provision of the Terms of Use is determined to be invalid, in whole or in part, pursuant to applicable laws and regulations, all provisions of the Terms of Use other than such portion of such provision and other provisions of the Terms of Use shall remain valid.
2 Even if all or a part of any provision of this Agreement is determined to be invalid or otherwise denied validity in relation to one User, the validity of this Agreement in relation to other Users shall not be affected.
Article 27 (Governing Law and Jurisdiction)
1. This Agreement shall be governed by and construed in accordance with the laws of Japan.
2. The Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction in the first instance over any disputes related to this Agreement.
enish Corporation
Established: May 24, 2023
Article 1 (Scope and Modification, etc. of these Terms of Use, etc.)
1. Users of the Service (hereinafter referred to as "Users") shall use the Service upon agreeing to the Terms of Use. In addition, the Company may establish rules and regulations, rules of use, etc. for the Service, which shall constitute a part of this Agreement and shall apply to all use of the Service by the User (hereinafter collectively with this Agreement, the "Terms of Use, etc.").
2. The Company may modify the Terms at any time at its discretion in any of the following cases.
(1) When changes to the Terms of Use are in the general interest of Users.
(2) When modification of this Agreement is not contrary to the purpose for which this Agreement was concluded, and is reasonable in light of the necessity of the modification, reasonableness of the modified contents, details of the modification, and other circumstances pertaining to the modification.
3. Upon modification of this Agreement in accordance with the preceding paragraph, we will publicize the contents of the provisions to be modified and the effective date of the modification by posting the same on the Service at least two weeks prior to the effective date of the modification.
4. If the User does not agree to the changes in the Terms of Use, the User's registration will only be canceled and this Agreement will be terminated. If the User continues to use the Service after the date specified in the notice in Paragraph 2, the User will be deemed to have agreed to the changes in the Terms of Use.
5. By using the Service, the User agrees to the following in advance.
(1) The User's agreement to these Terms of Use and use of the Service in accordance with these Terms of Use, etc. are prerequisites for the Company to grant the User permission to use the Service. In the unlikely event that User violates these Terms of Use, etc., the Company may refuse the User access to the Service without notice. In such a case, the Company shall not refund any fees already paid by the User.
(2) The User acknowledges that the contents of the Terms of Use, etc. may be subject to change, and the User shall periodically check the contents posted on the Service.
(3) In the event of any inconsistency or conflict between the provisions of these Terms of Use and any other Terms of Use, etc., the provisions of these Terms of Use shall prevail, unless otherwise specified by the Company.
Article 2 (Use of the Service by Minors)
1. In the event that a minor uses the Service, they must first obtain the consent of a legal guardian (persons with parental authority, etc.) for any and all use of the Service. This includes the purchase and use of paid services such as virtual currency, points used within the Service, item purchases, etc. (hereinafter referred to as "Paid Services").
2. If a minor uses Paid Services within the Service, the minor may only use the Service within the maximum monthly usage amount determined separately by the Company. In this case, use of the Service within said maximum usage amount shall be deemed to be a disposition of "property permitted to be disposed of by a legal representative for a specified purpose."
3. In the event that a minor uses the Service without proper consent as stated in Paragraph 1, or uses the Service under the false pretense of being an adult by entering another date of birth, etc., the Company shall deem such act to be "using fraudulent means to appear of legal capacity to act" and will not accept the cancellation of any and all legal acts by such User in the Service.
4. If a User who was a minor at the time of consenting to these Terms of Use uses the Service after reaching the age of majority, said User shall be deemed to have ratified any and all legal acts related to the use of the Service that were committed while said User was a minor.
Article 3 (User Registration)
1. Users shall obtain their own accounts and use the Service by registering as Users of the Service.
2. User registration under the preceding paragraph may be automatically canceled in the event that a User does not use the Service for a certain period of time, or in the event that any of the conditions separately posted on the Service are met.
3. Users may obtain their own accounts.
4. When a User changes the terminal device used, the User may continue to use their account on the new terminal device (hereinafter referred to as "Account Transfer") only through the procedures prescribed by the Company. The extent to which Account Transfer is possible shall be determined by the Company.
5. In addition to the user registration stipulated in Paragraph 1, if the Company requires registration of information (including personal information such as e-mail address) for the necessary procedures, the User shall register such information in a manner separately specified by the Company.
6. The User warrants that the information they register for the Service is accurate and factual.
7. If there is any change in the information registered for the Service, the User shall promptly make the change in accordance with the procedures specified by the Company.
Article 4 (Responsibility for Management of Login Information)
1. Users are responsible for managing their user accounts (hereinafter referred to as "Login Information") and shall not allow third parties (including other Users) to use or share them.
2. Users shall be responsible for the content and results of any actions performed using their Login Information, regardless of whether or not they themselves performed such actions.
3. The Company deems any act performed using a User's Login Information to be the act of the User who is responsible for managing said information in accordance with Paragraph 1, regardless of who actually used said information to access the Service.
4. If a User forgets their Login Information, they must immediately notify the Company and follow our instructions. We are not responsible for any disadvantages (including, but not limited to, the loss of game data as defined in Article 15) that may arise from such forgetfulness.
5. The same shall apply in the event that a User loses Login Information due to unauthorized use, loss, theft, or malfunction of the terminal device used to use the Service by a third party, or any other reasons arising from the management of their terminal device.
Article 5 (Linkage with External Service Accounts)
1. The Company may provide a feature (hereinafter referred to as "External Service Linking") that allows Users to use the Service with an account and corresponding password (hereinafter referred to as "External Account Information") of a service operated by a third party other than us (hereinafter referred to as "External Service"), instead of the user ID normally issued in the Service.
2. Users, when wishing to use External Service Linking, shall do so by following the procedures separately defined by the Company for linking External Service accounts (hereinafter referred to as "Linking Procedures").
3. Users agree that we may obtain the following information about the User held by the External Service operator (hereinafter referred to as "External Service Information") during the Linking Procedures or when using our Service with an External Service account, and display the obtained information on our Service. The information obtained may be changed in the future due to the External Service operator's circumstances.
4. Users shall be responsible for acquiring an account in an External Service and for subsequent use of the External Service in accordance with its stipulated terms and conditions.
5. The provisions of the preceding article regarding Login Information shall apply mutatis mutandis to External Account Information.
Article 6 (Intellectual Property Rights)
1. Copyrights, trademarks, and other intellectual property rights related to the Service and all programs, software, trademarks, trade names, and associated technologies that comprise the server and other components of the Service shall belong to the Company or a third party with legitimate authority.
2. Users may not use any information obtained through the Service in any manner that would infringe upon the copyrights of the Company or any third party, including reproduction, publication, broadcasting, or public transmission, without prior written permission from the Company or a duly authorized third party.
Article 7 (Posted Information)
1. The Service may provide functions for posting messages or bulletin board postings (hereinafter referred to as "Posting Functions") between multiple Users.
2. Users shall be solely responsible for the content of any text, images, or other information (hereinafter referred to as "Posted Information") they post using the Posting Functions, and the Company shall assume no responsibility whatsoever.
3. The Company may store and accumulate posted information and freely use it for the smooth and complete operation of the Service, as well as for promotional purposes (including modification and use of modified versions of the information).
4. In the event that there is a third party who holds copyright and moral rights to the posted information, the User shall grant the third party permission in advance to use the information in the manner described in the preceding paragraph.
5. Users guarantee that the content of the posted information itself and our use of the posted information as per the preceding clause do not infringe any third party's copyrights, trademark rights, or other intellectual property rights, privacy rights, portrait rights, or other personal rights (hereinafter referred to as "Intellectual Property Rights, etc.").
6. The Company reserves the right to review and delete all or part of the Posted Information when we deem it necessary to do so.
Article 8 (Handling of User Information and Posted Information)
1. The Company may acquire the following information from Users (hereinafter referred to as "User Information") through the Service.
(1) Nickname, e-mail address
(2) Terminal information (terminal ID such as UDID hash value, device used, OS, language setting of the terminal, country of access, etc.)
(3) Usage status of the Service (version of the Service, usage history, etc.)
(4) External Service Information
2. In the event that User Information or Posted Information constitutes personal information under the Personal Information Protection Law, the Company will handle such information appropriately in accordance with the Company's Privacy Policy (http://www.enish.com/privacy).
3. The Company uses User Information or Posted Information for the following purposes.
(1) For identity verification.
(2) For after-sales service and inquiries.
(3) To provide notifications regarding the Service and other information regarding the Company's services.
(4) To provide advertisements regarding products or services of third parties.
(5) To conduct surveys, sweepstakes, and campaigns.
(6) To contact Users to request their consent for the handling of personal information.
(7) To investigate suspected violations of these Terms of Use, etc., or to conduct other investigations or response operations for the purpose of securing the Company's rights.
(8) To analyze User trends, etc., and to provide services, advertisements, and other information tailored to such trends.
(9) To prepare statistical information on the usage of the Service and to publicize such information on the Service or the Company's website.
4. The Company may provide User Information or Posted Information to third parties in the following cases.
(1) When there is the User's consent for disclosure or use.
(2) When it is deemed necessary to disclose such information to a third party in order to provide a service requested by the User.
(3) When sending information to the User regarding advertisements or services of the Company or a third party.
(4) When aggregating or analyzing Posted Information and User Information for the purpose of improving the Service, developing related businesses, marketing, etc.
(5) When we outsource the handling of User Information or Posted Information to a third party.
(6) When we are legitimately requested to disclose such information by a court of law, public prosecutor's office, police department, or any other public agency with the authority to do so.
(7) When required by law.
(8) When it is necessary for the protection of human life, body, or property.
(9) When disclosure is especially necessary for the improvement of public health or the sound growth of children and it is difficult to obtain the consent of the person concerned.
(10) When it is necessary to cooperate with a national agency, a local government, or an individual or entity entrusted by either a national agency or local government to execute affairs prescribed by law, and obtaining the consent of the individual is likely to impede the execution of such affairs.
(11) In the event of a business succession due to merger, business transfer, or other reasons, when disclosing the information to the successor of the business.
5. The Company may entrust all or part of the handling of User Information or Posted Information to third parties.
6. Users may request disclosure, deletion, correction, suspension of use, or discontinuation of provision of User Information they have registered on the Service, and we shall promptly respond to such requests in accordance with our Privacy Policy only when we can confirm that the request is made by the User themself.
Article 9 (Enish ID)
1. The Company may provide Users with a shared ID (hereinafter referred to as "Enish ID") to be used for account linking functions across multiple applications provided by us (including this Service, hereinafter referred to as "Our Apps"). We will not notify Users of the Enish ID assigned to them.
2. In the event that a User has obtained an account for each of Our Apps using different methods, the Company may not be able to identify the same User for each of Our Apps and may grant multiple Enish IDs to the User.
3. The Company may provide Users with portal servers or applications that are independent of Our Apps that use Enish IDs. In such cases, Users shall use such portal servers and applications upon agreeing to the terms of use separately posted by the Company.
4 A User may share and use the virtual currency designated by the Company among multiple Company applications associated with the same Enish ID for the User's purchases.
5 The Company may acquire the following information about a User and use it in other enish applications associated with that User's Enish ID.
(1) Nicknames and other profile information related to the User's registration
(2) Enish IDs of other Users whom the User has registered as friends
(3) Posted Information
Article 10 (Confidentiality of Communications)
The Company reserves the right to view, disclose, or delete information related to the confidentiality of User communications without prior notice to Users in the following cases.
(1) In the event of an enforceable disposition under the Code of Criminal Procedure or the Act on Interception of Communications for the Purpose of Criminal Investigation, a court order, or any other enforceable disposition under laws and regulations.
(2) When we determine that the requirements for a request for disclosure based on Article 4 of the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Disclosure of Identification Information of the Senders have been fulfilled.
(3) When we deem it necessary to protect the life, body, property, reputation, or privacy of another person.
(4) When we have the consent of the User.
(5) When it is necessary for the proper operation of the Service.
Article 11 (Updates to the Service)
1. Users shall download the update program or data provided by the Company when an updated version of the Service is released, and keep the Service up-to-date. The Company does not guarantee that the update program or data will be compatible with all devices and operate properly.
2. When connecting to a server (hereinafter referred to as "Server") required for using the Service, the Company may request Users to automatically download an update program or data from the Server to normalize and update their client.
Article 12 (Individual Paid Services)
1. The Company may provide Users with a system to apply for the purchase of virtual currency, points, items, etc. (hereinafter referred to as "Paid Items, etc.") through payment methods and units determined by us.
2. The Company shall provide Paid Items, etc. to Users who have applied as described in the preceding paragraph in accordance with the details of the application. However, if the Company is unable to confirm payment by the payment method selected by the User, the Company may not provide the Paid Items, etc. in accordance with the details of the application.
3. In the event of a dispute over payment between a User and a third party involved in the payment process, the dispute shall be resolved between the parties concerned, and we shall assume no responsibility whatsoever, except in cases where there are reasons attributable to us.
4. Users cannot transfer, lend, or assign their Paid Items, etc. to third parties (including other accounts created in violation of Article 3, Paragraph 3), convert them to other virtual currencies, or receive cash refunds, except when provided as a legitimate feature within the Service.
5. The Company will not refund any fees already paid by the User for any reason whatsoever. However, this shall not apply in cases where there is a reason attributable to the Company.
6. The Company will disclose Paid Items, etc. usage periods and other terms of use in the "Payment Services Act" posted within the Service. Users shall purchase and use Paid Items, etc. in accordance with such descriptions.
7. In the event of a defect in the provision of Paid Items, etc., we may substitute the provision of a replacement item for the restoration of the original condition of the defect.
8. Content separately indicated as a means of prepaid payment in the "Information Provision Based on the Payment Services Act" shall be handled as a means of prepaid payment based on the "Payment Services Act," and any other in-game content purchased from such content shall be deemed to have been provided upon acquisition, and shall not fall under the category of a prepaid means of payment.
Article 13 (User's Responsibility to Prepare Environment, etc.)
1. Users shall be responsible for the installation and configuration of equipment necessary for connection to the Server, construction of the communication environment, and expenditure of expenses.
2. Except as expressly provided in this Agreement, the Company shall not compensate any User for any expenses incurred by the User due to the non-availability or unavailability of the Service, including but not limited to, non-availability or inability to connect to the Server.
Article 14 (Changes to the Service, etc.)
1. Users shall not have any intellectual property rights or claim rights to any data comprising the Service, except for information posted by the User themself, and may use such data only to the extent permitted by these Terms of Use, etc.
2. The Company may delete, move, rebalance, or otherwise change all or part of the data comprising the Service without the prior consent of Users when we deem it necessary for the smooth operation of the Service, when we deem it beneficial to a large number of Users, or when we deem it necessary for other reasons. However, if such changes have a significant and detrimental impact on the User, the Company will notify the User of such changes in advance within the Service.
Article 15 (Handling of Game Data, etc.)
1. Virtual currency and items held by a User within the Service, usage status of the Service, game progress within the Service, information posted within the Service, and any other status realized within the Service (hereinafter referred to as "Game Data, etc." ) may be deleted after a certain period of time determined separately by the Company has elapsed from the date of the last use of the Service by such User.
2. The Company shall not guarantee that the User's Game Data, etc. will be stored or read without defect, regardless of whether before or after the period of time specified in the preceding paragraph has elapsed.
3. The Company shall not guarantee or restore any application data, etc. even if such data becomes unreadable due to a change in the User's device.
Article 16 (Prohibited Acts in Using the Service)
Users must not engage in any of the following actions, or actions that may fall under these categories.
(1) Actions that violate laws (including treaties, ordinances, regulations, and any other public norms binding Users), actions that may violate such laws, or actions that encourage or promote illegal activity.
(2) Criminal acts, acts that lead to criminal acts, and acts that encourage criminal acts.
(3) Infringement of Intellectual Property Rights, etc. of the Company or a third party.
(4) Removing or altering the copyright notice or other rights notices attached to the Service.
(5) Interfering with the Company's business through false declaration or fraud.
(6) Forcing the Company or a third party to do something for which there is no obligation or reason.
(7) Engaging in harassment, including slander, threats, discrimination, and behavior that causes anxiety or discomfort to third parties (such as posting violent, grotesque, or generally offensive text, images, drawings, or other expressions and information, attacking specific or unspecified individuals or groups, and causing mental distress to others, but not limited to these actions).
(8) Any act that defames or slanders the Company, the contents or operation of the Service or any other service or product provided by the Company.
(9) Displaying, selling, or advertising the sale of indecent content (including any expression that we deem sexually stimulating, regardless of artistic value), child pornography or child abuse, or information that violates public order and morals. This includes any media linking to or containing said content.
(10) Linking to adult sites, dating sites, or sites with age restrictions, or any other actions that may lead to such sites.
(11) Requesting relationships with the opposite sex or the same sex, responding to such requests, or mediating information regarding heterosexual and same-sex relationships.
(12) Actions that encourage, solicit, or glorify the use of stimulants, narcotics, or other drugs, underage drinking, smoking, or gambling, or that induce or solicit suicide or self-harm.
(13) Acts of cooperation/involvement with antisocial forces (defined as organized crime groups and related organizations under the Act on Prevention of Unjust Acts by Organized Crime Group Members. Same below.) or acts of soliciting antisocial forces.
(14) Posting or registering information that is false or misleading.
(15) Unlawful collection and use of third-party personal information (including disclosing identifiable information of other Users within or outside the Service, but not limited to this).
(16) Business activities, fundraising, pyramid schemes, pre-election campaigns, political activities, proselytizing, religious activities (including advertisements, promotions, and solicitations with affiliate links, as well as forwarding such content, but not limited to this).
(17) Soliciting or inviting others to participate in services other than the Service.
(18) Buying, selling, or trading Game Data, etc. (virtual currency, points, items, accounts, and anything else of value, but not limited to these) for cash or cash equivalents.
(19) Any action, regardless of if it’s within or outside the Service, that promises or prepares for the buying, selling, or trading mentioned in the previous clause (including listing on auctions and exchanging messages for buying, selling, or trading, but not limited to these).
(20) Engaging in spam activities (including linking to web pages or programs that carry out such activities, but not limited to these).
1) Spam posting: Posting or e-mailing the same or similar text by one or more Users to a posting area within the Service.
2) Spam words: An act by one or more Users of posting multiple words or phrases that are irrelevant or of little relevance to the subject area, or posting extremely long sentences or large numbers of words in a postable area within the Service.
3) Spam URLs: Actions in which one or more Users post or e-mail the same URL to a posting area within the Service.
(21) Acts of manipulating or altering any data comprising the Service in a manner other than that permitted under the Terms of Use, etc., or acts of attempting such manipulation or alteration.
(22) Modifying, disassembling, decompiling, reverse engineering, or analyzing the programs used in the Service. Acts that involve usage of the results of such acts by a third party for one's own benefit.
(23) Using applications, software, or technology as external tools that affect the Service (including, but not limited to, BOTs, cheat tools, etc. that manipulate the results of the Service) without enish's explicit consent, or exploiting bugs or other unintended behaviors to obtain Game Data, etc. or other benefits, and attempting such actions.
(24) Transmission of computer viruses, excessive amounts of data, or other acts that burden the Server.
(25) Bypassing, canceling, disabling, or otherwise circumventing technical measures taken by the Company to protect the Service.
(26) Actions by the User to connect to the Server in a manner not intended by the Company for the purpose of circumvention of prohibited activities or other illegal purposes.
(27) Acts of intermediating access to the Service by telecommunication or other means.
(28) Use of the Service with multiple login credentials from the same or multiple terminal devices, unless otherwise approved by the Company.
(29) Sharing a single account with multiple persons.
(30) Use of a third party's account, regardless of whether or not the User has consented to such use.
(31) Operating a terminal device with a loaned device, or having a third party operate a terminal device with a loaned device.
(32) Intentionally providing or disclosing information regarding malfunctions found to a third party, etc (excluding reports to the Company).
(33) Impersonating an officer or employee of the Company, customer support personnel designated by the Company, or any other third party, or falsely claiming to be in a partnership or cooperative relationship with a third party.
(34) Soliciting or encouraging a third party to commit any of the acts listed in the preceding items, or preparing to do so.
(35) Any other acts that the Company deems inappropriate, such as interfering with the operation of the Service.
Article 17 (Compensation for Damages)
1. In the event that a User violates any provision of the Terms of Use, etc., or otherwise causes damage to the Company for reasons attributable to the User, the User shall compensate the Company for the damage suffered by the Company.
2. In the event that a User suffers damages due to reasons attributable to the Company, the Company shall compensate the User for such damages to the extent of the amount paid by the User to the Company during the month immediately preceding the occurrence of such damages. However, this shall not apply if the damage was caused by intent or gross negligence on the part of the Company.
Article 18 (Dealing with Violations, etc.)
1. In the event that a User violates or is suspected of violating these Terms of Use, etc., the Company may take any of the following actions without prior notice to the User.
(1) Change or delete all or part of the User Information and Posted Information.
(2) Restrict or suspend all or part of the functions provided by the Service, including suspension of the function to post data.
(3) Deletion of Paid Items, etc. or other Game Data, etc.
(4) Suspension of use of the Service (including compulsory withdrawal from the Service).
(5) Disclosure of the fact of violation within or outside the Service, including reporting to the police or other public authorities in the event that a criminal or administrative case or other matter may arise.
2. The deletion of User Information and Posted Information in accordance with the first item of the preceding paragraph shall not reduce or exempt the responsibility of the User for the uploading of such information.
3. If a User violates any provision of these Terms of Use, etc., the User shall, at the option of the Company, compensate for damages and recover losses incurred by the Company and third parties as a result of such violation, return profits wrongfully obtained by the User, and take any other reasonably necessary measures to recover the condition caused by the violation.
4. The Company reserves the right to suspend or cancel the use of any Paid Items, etc. owned by a User without prior notice to the User if any of the following events occur, or if we determine that there is a possibility of such an event occurring.
(1) Paid Items, etc. acquired through fraudulent means.
(2) Paid Items, etc. improperly given to the User due to system failure, etc.
(3) The User fails to pay for the Paid Items, etc.
5. In addition to the provisions of Paragraph 1, the Company may suspend use of the Service without prior notice to the User in the following cases.
(1) In the event that the User does not use the Service for a period of time determined separately by the Company.
(2) When a complaint or demand is made to the Company by a third party in connection with the User's use of the Service, and when we deem it necessary.
(3) The User fails to pay for the Paid Items, etc.
(4) If it is found that the User falls under or has fallen under the category of antisocial forces, or has or has had capital, business, or other relationships with antisocial forces.
6. The Company shall not be obligated to disclose to the User the reason for taking the measures in this Article.
7. The Company may refuse to provide our services, including this Service, to Users who have been subjected to forced withdrawal as specified in Article 1, Paragraph 4 (including refusal of service provision and forced withdrawal from other registered services). We may store and use the personal information of such Users to the extent necessary for the enforcement of this measure.
Article 19 (Change, Suspension, Discontinuance, and Termination of the Service)
1. The Company may change all or part of the contents of the Service, or suspend or terminate the provision of the Service without prior notice to the User.
2. The Company may temporarily suspend or terminate the Service without prior notice to Users in the event of any of the following reasons.
(1) In the event of periodic or emergency maintenance of the facilities for the Service.
(2) In the event of natural disasters such as earthquakes, floods, and tsunamis; fire, power outages, and other unexpected accidents; or war, disputes, riots, civil commotion, or labor disputes, which make it difficult to continue operation of the Service.
(3) In the event that the Company, at its sole discretion, deems it necessary to do so for other operational or technical reasons.
3. The Company shall not be liable for any damages incurred by Users or third parties as a result of any change, interruption, suspension, or termination of the contents of the Service in accordance with this Article, except in cases where the Company has reasons attributable to it.
Article 20 (Disclaimer)
1. Even if any issues or damages occur to Users due to using the Service, the Company will not provide any compensation or indemnification.
2 The Company shall not be liable for any damages incurred by a User or third party in the event that the User violates the Terms of Use, etc., or fails to follow the procedures specified by the Company, regardless of whether or not the User is intentionally negligent.
3 The User shall handle and resolve any inquiries or complaints, etc. from or against third parties regarding the User's use of the Service at the User's own responsibility and expense, and the Company shall not be held liable for such inquiries or complaints.
4. The Company shall not be liable for any loss or damage incurred by the User due to system failure, network failure, power failure, fire, natural disaster, war, civil war, riot, labor dispute, or other causes, except for reasons attributable to the Company, even if the normal operation of the Service is disrupted by such events.
5. With regard to the Service itself, information provided by the Company to Users in the Service, and information recorded by Users in the Service, the Company does not guarantee the completeness, certainty, accuracy, validity, usefulness, or compatibility with the User's purpose of use and environment of the contents and presentations. In addition, the Company does not warrant that the Service will not infringe upon the rights of any third party.
6. The Company shall not be responsible for any maintenance, functional modification, or user support related to the Service, except for reasons attributable to the Company.
7. Users acknowledge that the amount indicated at the time of purchase of Paid Items, etc. may differ from the actual amount billed due to exchange rate fluctuations or other effects resulting from the payment method selected by the User. We assume no responsibility for the possible effects of such exchange rate fluctuations or other factors.
8. The Company shall not be liable for any damages caused by Users connecting or failing to connect to third-party servers. Users shall discuss and resolve such damages with the third-party server provider.
9. The Company shall not be liable for any damages caused by defects in the Service, except for reasons attributable to the Company.
10. The Company shall not be liable for any damages incurred by Users due to unauthorized access, computer viruses, or other third-party actions related to the Service.
11. The User understands that the functions, various data, and all other services and information provided in the Service include items that are still under development, and that they may be updated on a daily basis for other reasons. The Company does not guarantee the permanence of the services and information.
Article 21 (Withdrawal from Membership)
1. A User may withdraw from the Service by following the procedures prescribed by the Company. The Company shall deem that a User has uninstalled the Service when such User has withdrawn from the Service.
2. When a User uninstalls the Service or changes the terminal device used for the Service, all Game Data, etc. acquired by such User shall disappear. In this case, we will not refund any unused Paid Items, etc. However, this shall not apply if the account has been transferred as stipulated in Article 3, Paragraph 4.
3. The Company shall not be obligated to continue to retain User Information, Posted Information, application data, etc. related to Users who have resigned their membership.
Article 22 (Other Notes)
1. Users may use the content provided by the Company in the Service only within the scope specified by the Company.
2. The Company may distribute advertisements of the Company or third parties on the Service.
Article 23 (Terrorism, etc.)
1. The User warrants that they do not reside in a country that is under embargo by the United States government or a country designated by the United States government as a state sponsor of terrorism.
2. The User warrants that they are not a person whose transactions are prohibited or restricted by the U.S. government.
Article 24 (Support)
The User shall use the method prescribed by the Company when contacting or inquiring about the Service. The Company shall not be obligated to respond to any communication or inquiry by any method other than said method.
Article 25 (Prohibition of Assignment of Rights and Obligations)
The User shall not assign, change the name of, pledge, collateralize, or otherwise dispose of all or part of the rights, obligations, and legal status held under these Terms of Use, etc. to any third party.
Article 26 (Validity of these Terms of Use)
1. Even if any provision of the Terms of Use is determined to be invalid, in whole or in part, pursuant to applicable laws and regulations, all provisions of the Terms of Use other than such portion of such provision and other provisions of the Terms of Use shall remain valid.
2 Even if all or a part of any provision of this Agreement is determined to be invalid or otherwise denied validity in relation to one User, the validity of this Agreement in relation to other Users shall not be affected.
Article 27 (Governing Law and Jurisdiction)
1. This Agreement shall be governed by and construed in accordance with the laws of Japan.
2. The Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction in the first instance over any disputes related to this Agreement.
enish Corporation
Established: May 24, 2023