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Article 1: Purpose
Section 1. This User Agreement (hereinafter referred to as the "Agreement") stipulates fundamental matters pertaining to the mobile application "TRIBE NINE" (hereinafter referred to as the "Service"), operated by Akatsuki Games Inc. (hereinafter referred to as the "Company"), with regards to basic matters relating to the Service that are prescribed to the users and the Company.
Article 2: Definition of Terms
Section 1. Service
The Service refers to the Service defined under Article 1.
Section 2. App
The App refers to the application operated by the Company for the purpose of providing the Service, as well as other respective mobile content service applications operated either by the Company, or by any other company that is affiliated with or consigned by the Company.
Section 3. User
The user refers to any and all users for whom an account has been registered according to stipulations under Article 6, who use the Service.
Section 4. User Information
The user information refers to all information pertaining to a user, such as the information registered by the user, as well as data that is acquired and accumulated in association with the use of the Service.
Section 5. Game Account
The game account refers to the combination of alphabetical letters and numbers provided by the Company, for the purpose of identifying the users and for using the Service.
Section 6. Game Currency
This is a virtual currency that can be used to exchange for user rights of items in games that can be used only with this application. There are two types of Game Currency, one that is purchased by the user for a fee and the other acquired for free.
Article 3: Application and Changes of Agreement
Section 1. This Agreement applies to the Company and the users, with regards to the use of the App and the Service. The users shall be required to comply with the Agreement when using the App and the Service. Furthermore, in the event a company that is affiliated with or consigned by the Company posts a separate user agreement or an agreement that is equivalent thereof, the users shall be required to comply with such agreements in the same manner as the Agreement.
Section 2. Any individual agreements as well as additional agreements posted separately on the App shall comprise a part of the Agreement, and in the event there is any discrepancy between the Agreement and such individual agreements or additional agreements, the stipulations of such individual agreements or additional agreements shall take precedence.
Section 3. In the event there are discrepancies with matters stipulated by these Terms and Conditions and by respective mobile content services (excluding individual stipulations and additional stipulations provided in the preceding section, however), stipulations provided by respective mobile content services shall take precedence.
Section 4. In the event there is any discrepancy between the Agreement and an individual agreement or additional agreement posted separately by a company that is affiliated with or consigned by the Company, the stipulations of the Agreement shall take precedence.
Section 5. The Company shall have the right to change the Agreement, respective mobile content services, as well as individual agreements and additional agreements (hereinafter referred to collectively as the "Agreements") that are posted on the App separately, in following instances when the Company deems it necessary:
(1) In the event a change to the Agreements serves the general interests of Users.
(2) In the event a change to the Agreements does not contradict the purpose of the contract and is deemed rational when considered with respect to the necessity for the change, appropriate nature of contents after the change, contents of the change and other matters.
Section 6. In the event the Company implements any change to the Agreements based on stipulations of the preceding section, the Company shall notify their intention to change the Agreements, and contents of the Agreements after change, as well as the date on which such a change becomes effective, before the date on which such a change becomes effective on the App or respective mobile content services, or otherwise notify users through an electromagnetic means, such as an email or through other appropriate methods.
Section 7. In addition to stipulations provided in the preceding two sections, the Company shall have the right to implement changes to the Agreements through methods stipulated by the Company to obtain consent from users. In the event a user uses the Service after the date on which the change to the Agreements has become effective, or when such a user does not take steps to cancel the Service Agreement within the period stipulated by the Company, then such a user is deemed to have agreed to the change of the Agreements. Furthermore, the Company shall have the right to delete any game account and associated user information and terminate the use of the Service by a user who does not agree to the change of the Agreements and individual agreements or additional agreements, through means stipulated by these Agreements.
Section 8. Users shall be required to periodically verify the Agreements. In the event a user uses the Service periodically, then such a user is deemed to have agreed to changes to the Agreements, as well as the contents posted on the App; even when no notification has been received from the Company. The Company bears no responsibility whatsoever regarding any losses sustained by users arising from such users not having verified such contents.
Article 4: Responsibility for Using and Managing Game Accounts and Passwords
Section 1. Users shall use and manage their game accounts and passwords as their responsibility. Users must not lend, transfer, change the name of, sell or use as security to borrow funds their game accounts and passwords, and these must not be provided for use by any third parties, irrespective of how that is done.
Section 2. In the event an account and a password of a user are confirmed to match up, such a user is deemed to be using the Service and such a user shall be responsible for user fees and other liabilities, except when such instance is caused intentionally or by negligence of the Company.
Article 5: Preparation of Facilities
Section 1. Users shall be responsible for preparing and implementing communication equipment and software, concluding telecommunication contracts, subscribing to services of an internet service provider and the like, at their own expense and as their responsibility.
Article 6: Conclusion of Service Agreement
Section 1. Users shall be deemed to have completed the account registration by downloading and using the App (the software of this Service) and deemed to have agreed to all contents of the Agreement, based on which the Service Agreement is established between the Company and users according to respective stipulations of the Agreement. The Service Agreement is merely an instrument for providing users the permission of use for non-commercial purposes and is not sold to the users. Users, furthermore, are required to verify precautions displayed by the App each time the Service is used, and are deemed to have agreed to the Agreement.
Section 2. To use the Service, users must be at least 13 years old. In the event there are any other age restrictions for users to use the Service, such age restrictions shall be according to stipulations provided separately by the App.
Section 3. Some services may require users to register additionally required information, should users desire to use such services. In the event a user desires to use an applicable service, the Company shall notify such a user in advance if registration of any additional information is required, and such a user shall verify required registration method and service charges and the like to register for the use of such service.
Section 4. In the event the individual applying for registration is underage, such an applicant for registration must obtain permission from a parent or legal guardian to use such a service. In the event an underage user, who has no approval from a legal guardian, falsifies such an approval or uses the App by misrepresenting himself or herself to be an individual of legal age, or uses any fraudulent means to convince the Company that he or she has legal capacity to use the App, then such a user shall not have the right to cancel any legal procedures pertaining to the App. Furthermore, in the event a user, who was underage at the time a consent was given when the Agreement was concluded, uses the App after the user reaches the legal age, then such a user is deemed to have ratified all legal procedures pertaining to the App.
Section 5. In the event it becomes evident that a user corresponds to matters described by any of the following paragraphs, the Company shall have the right to refuse registration and immediately terminate the Service Agreement, even after the Agreement has been concluded.
(1) The individual corresponds to even a single one of descriptions provided in Section 2 under Article 9;
(2) An underage person is using the Service without permission from a legal guardian;
(3) An individual under ward, curatorship or assistance is using the Service without permission from a ward, curator or assistant;
(4) An unauthorized use of a payment method designated by the Company is discovered;
(5) The settlement of the relevant applicant has been suspended, canceled or voided by a payment clearance service company designated for the settlement by the Company;
(6) In the event the user is determined to be an antisocial force (which means that the individual is a crime syndicate, a member of a crime syndicate, a right-wing extremist group, antisocial force or an individual of any other equivalent entities; same applies hereinafter) or is interacting or is involved with an antisocial force by sustaining, operating or managing an antisocial force or the like, through provision of funds and the like;
(7) In the event the user is determined to be unsuitable by the Company.
Article 7: User Fees
Section 1. The Payment of User Fees
Some services require that the user pay the user fee. Once paid, a service user fee will not be refunded in any way, except when the Company notify the user otherwise or when required by relevant laws and regulations. Payment means and methods for the user fees shall be stipulated by this application or by respective mobile content service sites. Furthermore, the Company may establish payment limits based on age and payment methods for users that are under legal age.
Section 2. Changing User Fees and Invoicing Methods
The Company reserves the right to change our user fees for services and invoicing methods at any time, and details of such changes shall take effect at the time 14 days elapse after posting of the change notification on this application or mobile content service sites. All changes related to the user fees or the invoicing methods shall be posted on this application or on respective mobile content service sites, and the user agrees to periodically verify details of payment methods posted on this application or mobile content service sites to ensure that the user is aware of any changes and details of such changes without delay.
Section 3. Settlement Method for User Fee
The user shall make payments for the user fees, according to the payment conditions stipulated separately by the settlement service company for the settlement methods the Company specifies. In the event any dispute arises in relation to a relevant user fee between the user and the payment service company, or a third party that is acting as an intermediary, such a matter shall be resolved between the involved parties and the Company shall not bear any responsibility whatsoever.
Section 4. Acquisition Conditions for Game Currency
The user shall be able to acquire the Game Currency through the methods the Company stipulates separately for this application.
Section 5. Handling of Game Currency when a Specific Service Provision is Terminated
Acquired Game Currency may be used for specific services notified by the Company through this application, and their validity expires once the provision of relevant services are terminated, and they can no longer be used thereafter.
Section 6. Provision of Game Currency to Third parties and Other Actions
Acquired Game Currency may not be transferred to another game account or to a third party, and may not be exchanged to cash or other currencies (including electronic currencies issued by third parties). The Game Currency cannot be diverted for use with other services either. This stipulation, however, does not prevent the Company from handling the matter in a different manner, at the Company's discretion.
Section 7. Expiration Period of Game Currency
There is no set expiration period for the Game Currency.
Section 8. Use of Game Currency
In the event the user owns both the Game Currency purchased with fee and acquired for free, the Game Currency acquired for free shall be consumed first, except in cases where the user is given the right to make a choice at their discretion.
Section 9. Handling of Secondary Contents
The Game Currency described on the page entitled "Information Provided Pursuant to Payment Services Act" provided separately, shall be handled as a prepaid payment method according to the Payment Services Act. Game internal contents other than the Game Currency (hereinafter referred to as the "Secondary Contents") are considered to have been provided as relevant merchandises or services, through such acquisition, and shall not be considered to be the prepaid payment method (Section 1 under Article 3 of the Payment Services Act).
Article 8: Posting of information on the Service
Section 1. Users shall be required to guarantee that they own relevant rights by themselves, or they have been legitimately given a permission to use relevant intellectual property from right holders, or they are using relevant intellectual properly (including but not limited to design rights, copyrights, trademarks and the like) legally, with regards to information that is arbitrarily disclosed, posted, transmitted, posted or the like within the Service (including but not limited to text, images, videos, programs, data and the like). In the unlikely event any dispute arises with a third party in relation to the information voluntarily transmitted by a user, such a user shall resolve such a dispute at their expense and as their responsibility, and the Company shall bear no responsibility whatsoever regarding such matters.
Section 2. Users shall be responsible for all consequences, including physical and psychological damages, arising from information and data transmitted voluntarily by the users, irrespective of whether such damages are caused intentionally or through negligence.
Section 3. The Company shall have the right, at their sole discretion, to set the information transmitted by users without any advance notice to users, to undisclosed settings or delete such information.
Section 4. The Company shall have the right, at their sole discretion, to verify contents of posts transmitted by users for the purpose of posting on the Service in advance, and to implement measures to restrict posting in the event such contents are deemed to be in violation of the Agreements.
Article 9: Matters Prohibited for Users
Section 1. Users shall be required to comply with stipulations of the Agreements.
Section 2. Users are prohibited from engaging in acts that correspond to those described in the following paragraphs, or acts that can potentially be described as such, when using the Service provided by the Company:
(1) Speaking and conducting acts that cause other users and any other third parties to feel anxious, threatened, embarrassed, or stalking or otherwise causing discomfort to other users and any other third parties;
(2) Use of languages that are sexually suggestive, languages that are threatening, languages that are racially discriminating, languages that are in violation of law, languages that are vulgar, languages that are obscene, languages that are defamatory, as well as the use of languages that otherwise impart any type of discomfort;
(3) Acts that involve transmission of information on heterosexual relationships;
(4) Statements that slander or defame reputation of other users or other third parties;
(5) Impersonating an executive officer or employee of the Company or any of affiliated companies;
(6) Commercial transactions, advertisements for commercial purposes, exchanges of prohibited articles, solicitations to join a group, religious activities;
(7) Acts that violate the International Law, Constitution, laws, ordinances and other laws and regulations;
(8) Acts of falsifying, deleting, gaining unauthorized access and other acts on information posted on the App, or attempting to engage in such acts;
(9) Acts of interfering with communication of the Service, intercepting communications, as well as hacking into the server on which the Service is operated, or acts of stealing information;
(10) Acts that involve sending or loading computer virus and other unauthorized computer programs, site information and the like;
(11) Formation and activities of sects (clans or guilds) intended to conduct activities based on beliefs with various religious, racial, sexual, ethnic, human rights other prejudices or commercial activities;
(12) Use of the Service for purposes not intended as purposes of the Service;
(13) Acts of disclosure or transmission of personal information on other users or any other third parties;
(14) Acts that infringe on copyrights, trademarks or any other rights of the Company or any other third parties, in relation to items that are used in connection with the Service, or any acts that can potentially be described as such;
(15) Lending, transferring, changing the name of, selling or using as security to borrow funds their game accounts, or otherwise permitting or offering their game accounts as security to any third parties;
(16) Use of the Service with a game account that is not their own;
(17) Acts that are in contrary to public order and morals;
(18) Acts that lead to crime;
(19) Acts that interfere, or can potentially interfere with the operation of the Service;
(20) Acts that can potentially impede on the administration of the Company and the Service;
(21) Use of a bug on the client (which means client programs; same applied hereinafter in this article) or the server for an unjustifiable purpose, or incitement of others to use such bugs.
(22) All acts that involve development, distribution and use, or otherwise inducing or recommending use to third parties, for the purpose of using unauthorized tools, server emulators, pirated clients, cheats and other utilities and the like intended for the purpose of unauthorized uses;
(23) All acts of altering, modifying, adapting, creating derivative works, reverse compiling, reverse assembling and reverse engineering the client, as well as inducing or recommending utilizing such client to third parties;
(24) Redistributing and lending part or all of the client (including copies) to third parties;
(25) Reproduction of software relating to the Service, which exceeds in number of copies that are deemed necessary for personal use by the user;
(26) Selling, buying and conducting paid transactions of items, funds and the like acquired from the Service (engaging in acts of so-called real money trading);
(27) Reselling or transferring by sales of the client without permission from the Company;
(28) Acts that can potentially impede on the administration of the Company and the Service, other than those cited by respective preceding paragraphs;
(29) Acts that are in contrary to intentions and purposes of the Agreement and individual user agreements, as well as the App;
(30) Acts that either directly or indirectly provoke or facilitate acts described in respective preceding paragraphs;
(31) Acts that correspond to those described by respective preceding paragraphs.
(32) Other acts deemed inappropriate by the Company.
Section 3. Users are prohibited from engaging in acts that correspond to those described as prohibited items in the Agreements that are stipulated separately, or acts that can potentially be described as such, when using the Service provided by the Company, or provided jointly by the Company with companies that are affiliated or consigned by the Company.
Article 10: Suspension of Use of Service
Section 1. The Company shall have the right to immediately suspend the use of the Service without notifying the relevant user, in the event the user corresponds to any of the descriptions provided in any of the following paragraphs:
(1) The user is, or can potentially violate the Agreements;
(2) The user engages in an act that corresponds to, or can potentially correspond to prohibited matters stipulated under Article 9;
(3) The settlement of the relevant applicant has been suspended or voided by a payment clearance service company designated for the settlement by the Company;
(4) A petition for bankruptcy or civil rehabilitation is filed against the user, or the user has filed such petition on their own;
(5) The game account of a user is leaked due to carelessness of the user, leading to damages from using the Service, or unauthorized use by a third party and the like;
(6) The user is an antisocial force or the like, or is interacting or is involved with an antisocial force by sustaining, operating or managing an antisocial force or the like, through provision of funds and the like;
(7) Otherwise, instances where the Company determines that the user can cause impediment to the performance of the business operation of the Company.
Section 2. In the event a user registers multiple game accounts and has acquired multiple game accounts, if any of such game accounts is suspended from using the Service based on the stipulations of Section 1 under this article, the Company shall have the right to immediately suspend use of all game accounts for the Service that are owned by such a user, as determined by the Company to be owned by the very same user.
Article 11: Use of service and Termination of Contract
Section 1. Users shall have the right to cancel the Service Agreement according to methods prescribed by the App, in addition to stipulations provided under Article 542 of the Civil Law.
Section 2. In the event the use of the Service by the user is suspended based on the stipulations provided under Article 10, the Company shall have the right to cancel the Service Agreement of such a user, by notifying the user through methods prescribed by the Company, unless such a user can demonstrate that there is a serious error with the decision made by the Company within one year from the date on which the Service was suspended. In such instances, the Company shall have the right to change or delete game accounts and associated user information and the like, based on decisions made by the Company.
Section 3. In the event a user is deceased, the Company shall have the right to cancel the Service Agreement of such a user. In such instances, the Company shall have the right to suspend the use of the Service by such a user immediately, even if the Agreement has not yet been canceled. The Company, however, is under no obligation to investigate the death of such a user.
Section 4. Irrespective of stipulations provided by Section 2 under this article, in the event a user corresponds to reasons prescribed under Article 9 or Section 1 under Article 10 and if the Company determines that such a user can impede on the performance of business operation of the Company, then the Company shall have the right to cancel the Service Agreement of such a user without waiting for the expiration of the relevant period for the suspension of use and without advance notice. The provisions provided under Article 541 of the Civil Law do not apply to stipulations provided by Paragraph 1 of Section 1 under Article 10.
Article 12: Change of Service Contents
Section 1. The Company shall have the right to change, add and abolish any and all items such as specifications, rules, designs, audiovisual expressions, effects, parameters, scenarios and the like without advance notification to users, and the users shall agree to this in advance.
Article 13: Suspension of Service
Section 1: The Company shall have the right to discontinue the provision of the Service in whole or in part, based on their decision.
Section 2: In the event the Company discontinues the provision of the Service in whole or in part, based on their decision, the Company shall announce or notify such a decision to the users, through means determined to be appropriate by the Company. In some instances, such notification to users may not be made when the matter is urgent.
Article 14: Temporary Suspension of Service
Section 1. The Company shall have the right to temporarily suspend the provision of the Service without announcing or notifying users in advance in instances where any of the events described by respective following paragraphs arise:
(1) In the event an urgent or scheduled work for maintenance or repairs relating to hardware, software, communication equipment or the like used for the Service is performed;
(2) In the event services are not provided by a telecommunication service provider;
(3) In the event the provision of the Service becomes difficult, due to force majeure such as a natural disaster;
(4) In the event the provision of the Service becomes difficult, due to fire, power outage and other unforeseen accident;
(5) In the event the provision of the Service becomes difficult, due to war, conflict, public disturbance, riot, labor dispute and the like;
(6) Any other instances in which the Company determines that a suspension is warranted.
Article 15: Deletion of Data, etc.
Section 1. The Company and administrators designated by the Company shall have the right to change, delete, move and the like information of relevant users at any time and at their own discretion, if any of items described by respective following paragraphs is determined to apply:
(1) In the event a prohibited act is determined to have occurred;
(2) In the event such actions are determined to be necessary for operational and maintenance management purposes;
(3) In the event the amount of the managed user information exceeds the capacity designated for the equipment of the Company;
(4) In the event the Service Agreement is canceled;
(5) Any other instances in which the Company determines that the deletion of data is warranted.
Section 2. The Company and administrators designated by the Company shall not be under any obligation in relation to changes, deletions, movements and the like stipulated under this article.
Article 16: Disclaimer and Indemnity
Section 1. The Company shall not bear any responsibility for damages sustained by users in relation to the use of the Service, except for instances where such damages arise due to intentional act or negligence of the Company.
Section 2. Data pertaining to users may be erased or lost due to force majeure arising from circumstances that exceed expectations of the Company, such as a malfunction or problem with the equipment that provides the Service, as well as power outage and the like, along with anomalies with communication lines. Data pertaining to users may also be erased or delayed due to a system failure and the like.
Section 3. In the event the Company bears responsibility for damages sustained by users based on stipulations provided by the Agreements, enforced laws and regulations, as well as final decisions handed out by courts, such responsibility shall be limited to ordinary damages sustained by such users (in other words, not including lost profits, consequential damages and other special damages), except for instances where such damages result from intentional acts or gross negligence on the part of the Company. Furthermore, the upper limit on the total amount for which the Company is to be responsible shall be the amount of service user fee paid to the Company by the relevant users in the nearest month.
Section 4. Users must use their discretion to prevent excessive use of the Service that can disrupt a healthy living environment. The Company shall not bear any responsibility for social, psychological or physical damages sustained by the users as a result of such users deviating from aforementioned proper use of the Service.
Section 5. Users shall bear responsibility for all actions taken and consequences thereof, taken with the game accounts of users, irrespective of whether or not they themselves engaged in such acts.
Section 6. Users shall bear responsibility for the use of the Service, as well as all actions taken and consequences thereof that arise from the use of the Service, and in the event a third party sustains damages from the use of the Service, the user shall settle such matters as their responsibility and at their own expense.
Section 7. In the event the contents registered by a user for the purpose of the issuance of a game account is incomplete, and if such user is disadvantaged due to such incompleteness, the responsibility shall be borne by the user.
Section 8. The Company shall not be responsible for any and all damages sustained by the users that arise from the use of the Service (such as delays and non-transmissions, errors, system down time, transmission failures, as well as loss of data, items or text arising from an interruption of the Service, along with failures and malfunctions of terminals used by users, as well as any and all other damages), except for those that are caused by intentional acts or negligence of the Company.
Section 9. The Company shall not be under obligation to pay for any and all damages borne by the users in association with an interruption of the Service (phone charges, charges for using the Service, contractual fees with service providers, usage fees and the like).
Section 10. The Company shall not bear any responsibility to users and third parties for any problem that may arise from using the Service. The Service, furthermore, shall provide contents that can be provided by the Company at the time the Service is provided to users, and users acknowledge in advance that the Company does not extend any guarantees that nothing will be incompatible with contractual contents of the Service. The Company, therefore, does not assume any responsibility whatsoever for the completeness, accuracy, applicability, usefulness and the like of the information (including computer programs) gained through the use of the Service. The Company shall not bear any responsibility for any disadvantages or damages sustained by the users or any third parties (including all damages and the like sustained by the software other than the software itself, data, hardware and the like), except for those that are caused by intentional acts or negligence of the Company.
Section 11. In the event a user causes or can potentially cause damages to the Company due to reasons attributable to the responsibility of the user in relation to the use of the Service, the Company shall have the right to forbid such a user from conducting such acts of violation and demand compensation for damages sustained.
Section 12: The user must resolve, as their own responsibility and at their own cost, any damage caused to a third party or in the event a dispute arises with a third party, arising from the use of the Service, and must not hold the Company any responsibility whatsoever. In the unlikely event the Company is pursued for responsibility by other users or third parties, the user shall resolve such disputes as their responsibility and at their expense and must not hold the Company any responsibility whatsoever. In such instances, the Company shall have the right to demand the user for payment to cover reasonable attorney's fees required to resolve disputes with such third parties.
Section 13. The Company shall not bear any responsibility whatsoever, irrespective of causes, to users and other third parties for consequences arising from actions taken by the Company according to stipulations provided by the Agreements, or the use of the Service by users.
Section 14. The Company shall not bear any responsibility whatsoever for matters relating to sites other than the site of the App, as well as information acquired from such other sites, even when a link to such other sites is provided by the App or when links to the App is provided by such other sites.
Article 17: Intellectual Property Rights
Section 1. Copyrights, as well as any and all intellectual property rights pertaining to images, videos, texts, programs, information and the like (hereinafter referred to as the "Contents") shall be attributed to the licensor who gave permission for using such Contents and users must not allow any third party to use or publicly disclose such Contents without obtaining consent from the Company and the relevant licensor.
Section 2. Users are prohibited from using Contents in any manner that exceeds the scope of private use as stipulated by the Copyright Law.
Section 3. In the event a problem arises from a user violating a stipulation of this article, such a user shall resolve such a problem at their expense and as their responsibility and must not cause inconvenience or damage to the Company or a third party.
Section 4. The target region for the provision of the Service shall be within Japan and the Company provides no guarantees whatsoever and bears no responsibility whatsoever regarding intellectual property rights of right holders outside Japan.
Section 5. The Company expressly requires users to make contributions (including ideas and creations of various kinds) for the Service, and the users shall have the right to provide such items to the Service. In the event any copyright or intellectual property right arises with the contribution made by users for the Service, however, such users shall grant the Company an exclusive, perpetual, irrevocable, fully transferable, sublicensable and global right and license for such contribution in relation to the Service, related products and services, by any means and for any purpose. This shall include a license to communicate and distribute the contribution of users to the public through any means, and this shall not require any notification or compensation to the users under any circumstances throughout the protected period granted to the intellectual property based on laws and treaties, and the users shall expressly forfeit such matters. Furthermore, the users forfeit all manners of moral rights for the copyright and other moral rights in relation to the use of the contribution by the Company. The grant of the license to the Company and the forfeiture of the moral rights for the copyright shall continue after the Agreement is terminated. The contribution of the user for which license is granted according to this section, furthermore, shall be limited to those that have been transmitted, invented, conceived or created solely by the user. In the unlikely event a third party files a complaint or demand against the contribution of a user in relation to the contribution provided by such a user, such a user shall bear the responsibility to resolve such complaint or demand at their own expense and as their responsibility.
Article 18: Trademarks, etc.
Section 1. Trademarks, logos, service marks and the like (referred to collectively as the "Trademarks") displayed on the App are registered trademarks or unregistered trademarks of the Company or of a third party. The Company does not transfer or license use of any such Trademarks to the users or other third parties through the Agreements and the users are prohibited from registering any unregistered trademarks featured by the App as their trademark. Furthermore, the users shall be prohibited from applying for registration of patent rights, utility model rights, trademark rights (including rights for receiving patent, utility model and design rights) or to apply for registration or transfer of registration or execute copyrights (rights to programs, documents, routines, modules and the like).
Article 19: Transfer and the Like of Agreement
Section 1. The users are prohibited from transferring, reassigning, setting as security or dispose of in any other manner (hereinafter referred to as the "Transfers") their positions with respect to the Service Agreement or rights or obligation pertaining to their Agreements. In the event the Transfers are conducted in contrary to the stipulations of this section, the Company shall have the right to immediately cancel the Service Agreement without notice.
Section 2. In the event the Company transfers the business operation associated with the Service, the Company shall have the right to transfer their position under the Service Agreement, rights and obligations based on the Agreements, as well as registration information of users and other customer information to the recipient of such business transfer and the users are deemed to have agreed in advance to such a transfer under this section. Furthermore, the business transfer stipulated by this section shall not be limited to ordinary business transfers, but also include company splits and all other various forms by which a business is transferred.
Article 20: Divisibility
Section 1. In the event any of provisions provided by the Agreement is deemed in violation of law, invalid or unenforceable due to a conflict with laws and ordinances, relevant provisions and other provisions shall remain valid to the maximum extent possible to avoid such conflict with laws and ordinances.
Article 21: Governing Law
Section 1. The Agreements and all relevant legal matters shall be compliant with the laws of Japan, and the Agreements shall be interpreted according to the laws of Japan.
Article 22: Competent Court of Jurisdiction
Section 1. In the event any problem arises between a user and the Company, both parties shall negotiate in good faith and if a resolution cannot be reached through such negotiation, the District Court of Tokyo or the Tokyo Summary Court shall be the court for the first trial.
Article 23: Privacy Policy
Section 1. The Company shall manage personal information of customers collected through the Service in a strict manner, according to the "Privacy Policy", which is established separately. The Company, furthermore, shall use the information provided by customers for the purpose of providing customer support and for the purpose of the Service operations.
Date of final update: August 1, 2024.
Section 1. This User Agreement (hereinafter referred to as the "Agreement") stipulates fundamental matters pertaining to the mobile application "TRIBE NINE" (hereinafter referred to as the "Service"), operated by Akatsuki Games Inc. (hereinafter referred to as the "Company"), with regards to basic matters relating to the Service that are prescribed to the users and the Company.
Article 2: Definition of Terms
Section 1. Service
The Service refers to the Service defined under Article 1.
Section 2. App
The App refers to the application operated by the Company for the purpose of providing the Service, as well as other respective mobile content service applications operated either by the Company, or by any other company that is affiliated with or consigned by the Company.
Section 3. User
The user refers to any and all users for whom an account has been registered according to stipulations under Article 6, who use the Service.
Section 4. User Information
The user information refers to all information pertaining to a user, such as the information registered by the user, as well as data that is acquired and accumulated in association with the use of the Service.
Section 5. Game Account
The game account refers to the combination of alphabetical letters and numbers provided by the Company, for the purpose of identifying the users and for using the Service.
Section 6. Game Currency
This is a virtual currency that can be used to exchange for user rights of items in games that can be used only with this application. There are two types of Game Currency, one that is purchased by the user for a fee and the other acquired for free.
Article 3: Application and Changes of Agreement
Section 1. This Agreement applies to the Company and the users, with regards to the use of the App and the Service. The users shall be required to comply with the Agreement when using the App and the Service. Furthermore, in the event a company that is affiliated with or consigned by the Company posts a separate user agreement or an agreement that is equivalent thereof, the users shall be required to comply with such agreements in the same manner as the Agreement.
Section 2. Any individual agreements as well as additional agreements posted separately on the App shall comprise a part of the Agreement, and in the event there is any discrepancy between the Agreement and such individual agreements or additional agreements, the stipulations of such individual agreements or additional agreements shall take precedence.
Section 3. In the event there are discrepancies with matters stipulated by these Terms and Conditions and by respective mobile content services (excluding individual stipulations and additional stipulations provided in the preceding section, however), stipulations provided by respective mobile content services shall take precedence.
Section 4. In the event there is any discrepancy between the Agreement and an individual agreement or additional agreement posted separately by a company that is affiliated with or consigned by the Company, the stipulations of the Agreement shall take precedence.
Section 5. The Company shall have the right to change the Agreement, respective mobile content services, as well as individual agreements and additional agreements (hereinafter referred to collectively as the "Agreements") that are posted on the App separately, in following instances when the Company deems it necessary:
(1) In the event a change to the Agreements serves the general interests of Users.
(2) In the event a change to the Agreements does not contradict the purpose of the contract and is deemed rational when considered with respect to the necessity for the change, appropriate nature of contents after the change, contents of the change and other matters.
Section 6. In the event the Company implements any change to the Agreements based on stipulations of the preceding section, the Company shall notify their intention to change the Agreements, and contents of the Agreements after change, as well as the date on which such a change becomes effective, before the date on which such a change becomes effective on the App or respective mobile content services, or otherwise notify users through an electromagnetic means, such as an email or through other appropriate methods.
Section 7. In addition to stipulations provided in the preceding two sections, the Company shall have the right to implement changes to the Agreements through methods stipulated by the Company to obtain consent from users. In the event a user uses the Service after the date on which the change to the Agreements has become effective, or when such a user does not take steps to cancel the Service Agreement within the period stipulated by the Company, then such a user is deemed to have agreed to the change of the Agreements. Furthermore, the Company shall have the right to delete any game account and associated user information and terminate the use of the Service by a user who does not agree to the change of the Agreements and individual agreements or additional agreements, through means stipulated by these Agreements.
Section 8. Users shall be required to periodically verify the Agreements. In the event a user uses the Service periodically, then such a user is deemed to have agreed to changes to the Agreements, as well as the contents posted on the App; even when no notification has been received from the Company. The Company bears no responsibility whatsoever regarding any losses sustained by users arising from such users not having verified such contents.
Article 4: Responsibility for Using and Managing Game Accounts and Passwords
Section 1. Users shall use and manage their game accounts and passwords as their responsibility. Users must not lend, transfer, change the name of, sell or use as security to borrow funds their game accounts and passwords, and these must not be provided for use by any third parties, irrespective of how that is done.
Section 2. In the event an account and a password of a user are confirmed to match up, such a user is deemed to be using the Service and such a user shall be responsible for user fees and other liabilities, except when such instance is caused intentionally or by negligence of the Company.
Article 5: Preparation of Facilities
Section 1. Users shall be responsible for preparing and implementing communication equipment and software, concluding telecommunication contracts, subscribing to services of an internet service provider and the like, at their own expense and as their responsibility.
Article 6: Conclusion of Service Agreement
Section 1. Users shall be deemed to have completed the account registration by downloading and using the App (the software of this Service) and deemed to have agreed to all contents of the Agreement, based on which the Service Agreement is established between the Company and users according to respective stipulations of the Agreement. The Service Agreement is merely an instrument for providing users the permission of use for non-commercial purposes and is not sold to the users. Users, furthermore, are required to verify precautions displayed by the App each time the Service is used, and are deemed to have agreed to the Agreement.
Section 2. To use the Service, users must be at least 13 years old. In the event there are any other age restrictions for users to use the Service, such age restrictions shall be according to stipulations provided separately by the App.
Section 3. Some services may require users to register additionally required information, should users desire to use such services. In the event a user desires to use an applicable service, the Company shall notify such a user in advance if registration of any additional information is required, and such a user shall verify required registration method and service charges and the like to register for the use of such service.
Section 4. In the event the individual applying for registration is underage, such an applicant for registration must obtain permission from a parent or legal guardian to use such a service. In the event an underage user, who has no approval from a legal guardian, falsifies such an approval or uses the App by misrepresenting himself or herself to be an individual of legal age, or uses any fraudulent means to convince the Company that he or she has legal capacity to use the App, then such a user shall not have the right to cancel any legal procedures pertaining to the App. Furthermore, in the event a user, who was underage at the time a consent was given when the Agreement was concluded, uses the App after the user reaches the legal age, then such a user is deemed to have ratified all legal procedures pertaining to the App.
Section 5. In the event it becomes evident that a user corresponds to matters described by any of the following paragraphs, the Company shall have the right to refuse registration and immediately terminate the Service Agreement, even after the Agreement has been concluded.
(1) The individual corresponds to even a single one of descriptions provided in Section 2 under Article 9;
(2) An underage person is using the Service without permission from a legal guardian;
(3) An individual under ward, curatorship or assistance is using the Service without permission from a ward, curator or assistant;
(4) An unauthorized use of a payment method designated by the Company is discovered;
(5) The settlement of the relevant applicant has been suspended, canceled or voided by a payment clearance service company designated for the settlement by the Company;
(6) In the event the user is determined to be an antisocial force (which means that the individual is a crime syndicate, a member of a crime syndicate, a right-wing extremist group, antisocial force or an individual of any other equivalent entities; same applies hereinafter) or is interacting or is involved with an antisocial force by sustaining, operating or managing an antisocial force or the like, through provision of funds and the like;
(7) In the event the user is determined to be unsuitable by the Company.
Article 7: User Fees
Section 1. The Payment of User Fees
Some services require that the user pay the user fee. Once paid, a service user fee will not be refunded in any way, except when the Company notify the user otherwise or when required by relevant laws and regulations. Payment means and methods for the user fees shall be stipulated by this application or by respective mobile content service sites. Furthermore, the Company may establish payment limits based on age and payment methods for users that are under legal age.
Section 2. Changing User Fees and Invoicing Methods
The Company reserves the right to change our user fees for services and invoicing methods at any time, and details of such changes shall take effect at the time 14 days elapse after posting of the change notification on this application or mobile content service sites. All changes related to the user fees or the invoicing methods shall be posted on this application or on respective mobile content service sites, and the user agrees to periodically verify details of payment methods posted on this application or mobile content service sites to ensure that the user is aware of any changes and details of such changes without delay.
Section 3. Settlement Method for User Fee
The user shall make payments for the user fees, according to the payment conditions stipulated separately by the settlement service company for the settlement methods the Company specifies. In the event any dispute arises in relation to a relevant user fee between the user and the payment service company, or a third party that is acting as an intermediary, such a matter shall be resolved between the involved parties and the Company shall not bear any responsibility whatsoever.
Section 4. Acquisition Conditions for Game Currency
The user shall be able to acquire the Game Currency through the methods the Company stipulates separately for this application.
Section 5. Handling of Game Currency when a Specific Service Provision is Terminated
Acquired Game Currency may be used for specific services notified by the Company through this application, and their validity expires once the provision of relevant services are terminated, and they can no longer be used thereafter.
Section 6. Provision of Game Currency to Third parties and Other Actions
Acquired Game Currency may not be transferred to another game account or to a third party, and may not be exchanged to cash or other currencies (including electronic currencies issued by third parties). The Game Currency cannot be diverted for use with other services either. This stipulation, however, does not prevent the Company from handling the matter in a different manner, at the Company's discretion.
Section 7. Expiration Period of Game Currency
There is no set expiration period for the Game Currency.
Section 8. Use of Game Currency
In the event the user owns both the Game Currency purchased with fee and acquired for free, the Game Currency acquired for free shall be consumed first, except in cases where the user is given the right to make a choice at their discretion.
Section 9. Handling of Secondary Contents
The Game Currency described on the page entitled "Information Provided Pursuant to Payment Services Act" provided separately, shall be handled as a prepaid payment method according to the Payment Services Act. Game internal contents other than the Game Currency (hereinafter referred to as the "Secondary Contents") are considered to have been provided as relevant merchandises or services, through such acquisition, and shall not be considered to be the prepaid payment method (Section 1 under Article 3 of the Payment Services Act).
Article 8: Posting of information on the Service
Section 1. Users shall be required to guarantee that they own relevant rights by themselves, or they have been legitimately given a permission to use relevant intellectual property from right holders, or they are using relevant intellectual properly (including but not limited to design rights, copyrights, trademarks and the like) legally, with regards to information that is arbitrarily disclosed, posted, transmitted, posted or the like within the Service (including but not limited to text, images, videos, programs, data and the like). In the unlikely event any dispute arises with a third party in relation to the information voluntarily transmitted by a user, such a user shall resolve such a dispute at their expense and as their responsibility, and the Company shall bear no responsibility whatsoever regarding such matters.
Section 2. Users shall be responsible for all consequences, including physical and psychological damages, arising from information and data transmitted voluntarily by the users, irrespective of whether such damages are caused intentionally or through negligence.
Section 3. The Company shall have the right, at their sole discretion, to set the information transmitted by users without any advance notice to users, to undisclosed settings or delete such information.
Section 4. The Company shall have the right, at their sole discretion, to verify contents of posts transmitted by users for the purpose of posting on the Service in advance, and to implement measures to restrict posting in the event such contents are deemed to be in violation of the Agreements.
Article 9: Matters Prohibited for Users
Section 1. Users shall be required to comply with stipulations of the Agreements.
Section 2. Users are prohibited from engaging in acts that correspond to those described in the following paragraphs, or acts that can potentially be described as such, when using the Service provided by the Company:
(1) Speaking and conducting acts that cause other users and any other third parties to feel anxious, threatened, embarrassed, or stalking or otherwise causing discomfort to other users and any other third parties;
(2) Use of languages that are sexually suggestive, languages that are threatening, languages that are racially discriminating, languages that are in violation of law, languages that are vulgar, languages that are obscene, languages that are defamatory, as well as the use of languages that otherwise impart any type of discomfort;
(3) Acts that involve transmission of information on heterosexual relationships;
(4) Statements that slander or defame reputation of other users or other third parties;
(5) Impersonating an executive officer or employee of the Company or any of affiliated companies;
(6) Commercial transactions, advertisements for commercial purposes, exchanges of prohibited articles, solicitations to join a group, religious activities;
(7) Acts that violate the International Law, Constitution, laws, ordinances and other laws and regulations;
(8) Acts of falsifying, deleting, gaining unauthorized access and other acts on information posted on the App, or attempting to engage in such acts;
(9) Acts of interfering with communication of the Service, intercepting communications, as well as hacking into the server on which the Service is operated, or acts of stealing information;
(10) Acts that involve sending or loading computer virus and other unauthorized computer programs, site information and the like;
(11) Formation and activities of sects (clans or guilds) intended to conduct activities based on beliefs with various religious, racial, sexual, ethnic, human rights other prejudices or commercial activities;
(12) Use of the Service for purposes not intended as purposes of the Service;
(13) Acts of disclosure or transmission of personal information on other users or any other third parties;
(14) Acts that infringe on copyrights, trademarks or any other rights of the Company or any other third parties, in relation to items that are used in connection with the Service, or any acts that can potentially be described as such;
(15) Lending, transferring, changing the name of, selling or using as security to borrow funds their game accounts, or otherwise permitting or offering their game accounts as security to any third parties;
(16) Use of the Service with a game account that is not their own;
(17) Acts that are in contrary to public order and morals;
(18) Acts that lead to crime;
(19) Acts that interfere, or can potentially interfere with the operation of the Service;
(20) Acts that can potentially impede on the administration of the Company and the Service;
(21) Use of a bug on the client (which means client programs; same applied hereinafter in this article) or the server for an unjustifiable purpose, or incitement of others to use such bugs.
(22) All acts that involve development, distribution and use, or otherwise inducing or recommending use to third parties, for the purpose of using unauthorized tools, server emulators, pirated clients, cheats and other utilities and the like intended for the purpose of unauthorized uses;
(23) All acts of altering, modifying, adapting, creating derivative works, reverse compiling, reverse assembling and reverse engineering the client, as well as inducing or recommending utilizing such client to third parties;
(24) Redistributing and lending part or all of the client (including copies) to third parties;
(25) Reproduction of software relating to the Service, which exceeds in number of copies that are deemed necessary for personal use by the user;
(26) Selling, buying and conducting paid transactions of items, funds and the like acquired from the Service (engaging in acts of so-called real money trading);
(27) Reselling or transferring by sales of the client without permission from the Company;
(28) Acts that can potentially impede on the administration of the Company and the Service, other than those cited by respective preceding paragraphs;
(29) Acts that are in contrary to intentions and purposes of the Agreement and individual user agreements, as well as the App;
(30) Acts that either directly or indirectly provoke or facilitate acts described in respective preceding paragraphs;
(31) Acts that correspond to those described by respective preceding paragraphs.
(32) Other acts deemed inappropriate by the Company.
Section 3. Users are prohibited from engaging in acts that correspond to those described as prohibited items in the Agreements that are stipulated separately, or acts that can potentially be described as such, when using the Service provided by the Company, or provided jointly by the Company with companies that are affiliated or consigned by the Company.
Article 10: Suspension of Use of Service
Section 1. The Company shall have the right to immediately suspend the use of the Service without notifying the relevant user, in the event the user corresponds to any of the descriptions provided in any of the following paragraphs:
(1) The user is, or can potentially violate the Agreements;
(2) The user engages in an act that corresponds to, or can potentially correspond to prohibited matters stipulated under Article 9;
(3) The settlement of the relevant applicant has been suspended or voided by a payment clearance service company designated for the settlement by the Company;
(4) A petition for bankruptcy or civil rehabilitation is filed against the user, or the user has filed such petition on their own;
(5) The game account of a user is leaked due to carelessness of the user, leading to damages from using the Service, or unauthorized use by a third party and the like;
(6) The user is an antisocial force or the like, or is interacting or is involved with an antisocial force by sustaining, operating or managing an antisocial force or the like, through provision of funds and the like;
(7) Otherwise, instances where the Company determines that the user can cause impediment to the performance of the business operation of the Company.
Section 2. In the event a user registers multiple game accounts and has acquired multiple game accounts, if any of such game accounts is suspended from using the Service based on the stipulations of Section 1 under this article, the Company shall have the right to immediately suspend use of all game accounts for the Service that are owned by such a user, as determined by the Company to be owned by the very same user.
Article 11: Use of service and Termination of Contract
Section 1. Users shall have the right to cancel the Service Agreement according to methods prescribed by the App, in addition to stipulations provided under Article 542 of the Civil Law.
Section 2. In the event the use of the Service by the user is suspended based on the stipulations provided under Article 10, the Company shall have the right to cancel the Service Agreement of such a user, by notifying the user through methods prescribed by the Company, unless such a user can demonstrate that there is a serious error with the decision made by the Company within one year from the date on which the Service was suspended. In such instances, the Company shall have the right to change or delete game accounts and associated user information and the like, based on decisions made by the Company.
Section 3. In the event a user is deceased, the Company shall have the right to cancel the Service Agreement of such a user. In such instances, the Company shall have the right to suspend the use of the Service by such a user immediately, even if the Agreement has not yet been canceled. The Company, however, is under no obligation to investigate the death of such a user.
Section 4. Irrespective of stipulations provided by Section 2 under this article, in the event a user corresponds to reasons prescribed under Article 9 or Section 1 under Article 10 and if the Company determines that such a user can impede on the performance of business operation of the Company, then the Company shall have the right to cancel the Service Agreement of such a user without waiting for the expiration of the relevant period for the suspension of use and without advance notice. The provisions provided under Article 541 of the Civil Law do not apply to stipulations provided by Paragraph 1 of Section 1 under Article 10.
Article 12: Change of Service Contents
Section 1. The Company shall have the right to change, add and abolish any and all items such as specifications, rules, designs, audiovisual expressions, effects, parameters, scenarios and the like without advance notification to users, and the users shall agree to this in advance.
Article 13: Suspension of Service
Section 1: The Company shall have the right to discontinue the provision of the Service in whole or in part, based on their decision.
Section 2: In the event the Company discontinues the provision of the Service in whole or in part, based on their decision, the Company shall announce or notify such a decision to the users, through means determined to be appropriate by the Company. In some instances, such notification to users may not be made when the matter is urgent.
Article 14: Temporary Suspension of Service
Section 1. The Company shall have the right to temporarily suspend the provision of the Service without announcing or notifying users in advance in instances where any of the events described by respective following paragraphs arise:
(1) In the event an urgent or scheduled work for maintenance or repairs relating to hardware, software, communication equipment or the like used for the Service is performed;
(2) In the event services are not provided by a telecommunication service provider;
(3) In the event the provision of the Service becomes difficult, due to force majeure such as a natural disaster;
(4) In the event the provision of the Service becomes difficult, due to fire, power outage and other unforeseen accident;
(5) In the event the provision of the Service becomes difficult, due to war, conflict, public disturbance, riot, labor dispute and the like;
(6) Any other instances in which the Company determines that a suspension is warranted.
Article 15: Deletion of Data, etc.
Section 1. The Company and administrators designated by the Company shall have the right to change, delete, move and the like information of relevant users at any time and at their own discretion, if any of items described by respective following paragraphs is determined to apply:
(1) In the event a prohibited act is determined to have occurred;
(2) In the event such actions are determined to be necessary for operational and maintenance management purposes;
(3) In the event the amount of the managed user information exceeds the capacity designated for the equipment of the Company;
(4) In the event the Service Agreement is canceled;
(5) Any other instances in which the Company determines that the deletion of data is warranted.
Section 2. The Company and administrators designated by the Company shall not be under any obligation in relation to changes, deletions, movements and the like stipulated under this article.
Article 16: Disclaimer and Indemnity
Section 1. The Company shall not bear any responsibility for damages sustained by users in relation to the use of the Service, except for instances where such damages arise due to intentional act or negligence of the Company.
Section 2. Data pertaining to users may be erased or lost due to force majeure arising from circumstances that exceed expectations of the Company, such as a malfunction or problem with the equipment that provides the Service, as well as power outage and the like, along with anomalies with communication lines. Data pertaining to users may also be erased or delayed due to a system failure and the like.
Section 3. In the event the Company bears responsibility for damages sustained by users based on stipulations provided by the Agreements, enforced laws and regulations, as well as final decisions handed out by courts, such responsibility shall be limited to ordinary damages sustained by such users (in other words, not including lost profits, consequential damages and other special damages), except for instances where such damages result from intentional acts or gross negligence on the part of the Company. Furthermore, the upper limit on the total amount for which the Company is to be responsible shall be the amount of service user fee paid to the Company by the relevant users in the nearest month.
Section 4. Users must use their discretion to prevent excessive use of the Service that can disrupt a healthy living environment. The Company shall not bear any responsibility for social, psychological or physical damages sustained by the users as a result of such users deviating from aforementioned proper use of the Service.
Section 5. Users shall bear responsibility for all actions taken and consequences thereof, taken with the game accounts of users, irrespective of whether or not they themselves engaged in such acts.
Section 6. Users shall bear responsibility for the use of the Service, as well as all actions taken and consequences thereof that arise from the use of the Service, and in the event a third party sustains damages from the use of the Service, the user shall settle such matters as their responsibility and at their own expense.
Section 7. In the event the contents registered by a user for the purpose of the issuance of a game account is incomplete, and if such user is disadvantaged due to such incompleteness, the responsibility shall be borne by the user.
Section 8. The Company shall not be responsible for any and all damages sustained by the users that arise from the use of the Service (such as delays and non-transmissions, errors, system down time, transmission failures, as well as loss of data, items or text arising from an interruption of the Service, along with failures and malfunctions of terminals used by users, as well as any and all other damages), except for those that are caused by intentional acts or negligence of the Company.
Section 9. The Company shall not be under obligation to pay for any and all damages borne by the users in association with an interruption of the Service (phone charges, charges for using the Service, contractual fees with service providers, usage fees and the like).
Section 10. The Company shall not bear any responsibility to users and third parties for any problem that may arise from using the Service. The Service, furthermore, shall provide contents that can be provided by the Company at the time the Service is provided to users, and users acknowledge in advance that the Company does not extend any guarantees that nothing will be incompatible with contractual contents of the Service. The Company, therefore, does not assume any responsibility whatsoever for the completeness, accuracy, applicability, usefulness and the like of the information (including computer programs) gained through the use of the Service. The Company shall not bear any responsibility for any disadvantages or damages sustained by the users or any third parties (including all damages and the like sustained by the software other than the software itself, data, hardware and the like), except for those that are caused by intentional acts or negligence of the Company.
Section 11. In the event a user causes or can potentially cause damages to the Company due to reasons attributable to the responsibility of the user in relation to the use of the Service, the Company shall have the right to forbid such a user from conducting such acts of violation and demand compensation for damages sustained.
Section 12: The user must resolve, as their own responsibility and at their own cost, any damage caused to a third party or in the event a dispute arises with a third party, arising from the use of the Service, and must not hold the Company any responsibility whatsoever. In the unlikely event the Company is pursued for responsibility by other users or third parties, the user shall resolve such disputes as their responsibility and at their expense and must not hold the Company any responsibility whatsoever. In such instances, the Company shall have the right to demand the user for payment to cover reasonable attorney's fees required to resolve disputes with such third parties.
Section 13. The Company shall not bear any responsibility whatsoever, irrespective of causes, to users and other third parties for consequences arising from actions taken by the Company according to stipulations provided by the Agreements, or the use of the Service by users.
Section 14. The Company shall not bear any responsibility whatsoever for matters relating to sites other than the site of the App, as well as information acquired from such other sites, even when a link to such other sites is provided by the App or when links to the App is provided by such other sites.
Article 17: Intellectual Property Rights
Section 1. Copyrights, as well as any and all intellectual property rights pertaining to images, videos, texts, programs, information and the like (hereinafter referred to as the "Contents") shall be attributed to the licensor who gave permission for using such Contents and users must not allow any third party to use or publicly disclose such Contents without obtaining consent from the Company and the relevant licensor.
Section 2. Users are prohibited from using Contents in any manner that exceeds the scope of private use as stipulated by the Copyright Law.
Section 3. In the event a problem arises from a user violating a stipulation of this article, such a user shall resolve such a problem at their expense and as their responsibility and must not cause inconvenience or damage to the Company or a third party.
Section 4. The target region for the provision of the Service shall be within Japan and the Company provides no guarantees whatsoever and bears no responsibility whatsoever regarding intellectual property rights of right holders outside Japan.
Section 5. The Company expressly requires users to make contributions (including ideas and creations of various kinds) for the Service, and the users shall have the right to provide such items to the Service. In the event any copyright or intellectual property right arises with the contribution made by users for the Service, however, such users shall grant the Company an exclusive, perpetual, irrevocable, fully transferable, sublicensable and global right and license for such contribution in relation to the Service, related products and services, by any means and for any purpose. This shall include a license to communicate and distribute the contribution of users to the public through any means, and this shall not require any notification or compensation to the users under any circumstances throughout the protected period granted to the intellectual property based on laws and treaties, and the users shall expressly forfeit such matters. Furthermore, the users forfeit all manners of moral rights for the copyright and other moral rights in relation to the use of the contribution by the Company. The grant of the license to the Company and the forfeiture of the moral rights for the copyright shall continue after the Agreement is terminated. The contribution of the user for which license is granted according to this section, furthermore, shall be limited to those that have been transmitted, invented, conceived or created solely by the user. In the unlikely event a third party files a complaint or demand against the contribution of a user in relation to the contribution provided by such a user, such a user shall bear the responsibility to resolve such complaint or demand at their own expense and as their responsibility.
Article 18: Trademarks, etc.
Section 1. Trademarks, logos, service marks and the like (referred to collectively as the "Trademarks") displayed on the App are registered trademarks or unregistered trademarks of the Company or of a third party. The Company does not transfer or license use of any such Trademarks to the users or other third parties through the Agreements and the users are prohibited from registering any unregistered trademarks featured by the App as their trademark. Furthermore, the users shall be prohibited from applying for registration of patent rights, utility model rights, trademark rights (including rights for receiving patent, utility model and design rights) or to apply for registration or transfer of registration or execute copyrights (rights to programs, documents, routines, modules and the like).
Article 19: Transfer and the Like of Agreement
Section 1. The users are prohibited from transferring, reassigning, setting as security or dispose of in any other manner (hereinafter referred to as the "Transfers") their positions with respect to the Service Agreement or rights or obligation pertaining to their Agreements. In the event the Transfers are conducted in contrary to the stipulations of this section, the Company shall have the right to immediately cancel the Service Agreement without notice.
Section 2. In the event the Company transfers the business operation associated with the Service, the Company shall have the right to transfer their position under the Service Agreement, rights and obligations based on the Agreements, as well as registration information of users and other customer information to the recipient of such business transfer and the users are deemed to have agreed in advance to such a transfer under this section. Furthermore, the business transfer stipulated by this section shall not be limited to ordinary business transfers, but also include company splits and all other various forms by which a business is transferred.
Article 20: Divisibility
Section 1. In the event any of provisions provided by the Agreement is deemed in violation of law, invalid or unenforceable due to a conflict with laws and ordinances, relevant provisions and other provisions shall remain valid to the maximum extent possible to avoid such conflict with laws and ordinances.
Article 21: Governing Law
Section 1. The Agreements and all relevant legal matters shall be compliant with the laws of Japan, and the Agreements shall be interpreted according to the laws of Japan.
Article 22: Competent Court of Jurisdiction
Section 1. In the event any problem arises between a user and the Company, both parties shall negotiate in good faith and if a resolution cannot be reached through such negotiation, the District Court of Tokyo or the Tokyo Summary Court shall be the court for the first trial.
Article 23: Privacy Policy
Section 1. The Company shall manage personal information of customers collected through the Service in a strict manner, according to the "Privacy Policy", which is established separately. The Company, furthermore, shall use the information provided by customers for the purpose of providing customer support and for the purpose of the Service operations.
Date of final update: August 1, 2024.