Effective Date: June 16th, 2016
Terms of this Service Agreement (hereinafter referred to as “this Agreement”) is for the “Battle Champs” service operated and provided by Cygames, Inc. (hereinafter referred to as “Cygames”) and including the application that needs to be installed when using the “Battle Champs” service (together referred to as this “Service” or “the Service(s)”). Capitalized terms not defined in the text of this Agreement are defined in Article 1.
By using the Services, you (“Customer”) agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, please do not use the Services.
Article 1 Definitions
The following terms used in this Agreement
- The “Customer” refers to the user of the Service(s) provided under this Agreement.
- An “Account” refers to the Customer’s information that is on file with Cygames and it is the identifier issued by Cygames to identify the Customer. The establishment of an Account shall be necessary in order for the Customer to use the Service(s).
- The “Individual Service Agreement” refers to the terms and conditions which are presented to each Customer, in addition to this Agreement, under a name like “agreement,” “guidelines” or “policy” and to which the Customer’s use of the Service(s) is also subject.
- “Confidential Information” means any confidential or proprietary information, whether marked as confidential or proprietary or which should reasonably be considered confidential or proprietary, concerning Customer or Cygames and/or its respective businesses, products or services. “Confidential Information” shall not include information which (i) is independently developed by a party without use of or reference to any Confidential Information of the other party; (ii) is acquired by a party from a third party having the legal right to furnish the same to the other party; or (iii) is at the time in question (whether at disclosure or thereafter) generally known by or available to the public (through no fault of the other party).
- “Content” shall refer to the content that can be used, viewed and accessed through this Service and includes text, audio, music, images, videos, software, programs, codes, Customers’ name, and other proprietary information.
- A “Fee-based Service” refers to a service or Content that requires the payment of a usage fee by the Customer.
- The “Game Currency,” shall mean fictional credits or currencies that may only be used exclusively within the Service(s).
- “Game Items” shall mean virtual items that may only be used exclusively within the Service.
- The “Service(s)” shall have the meaning provided above, and shall include any feature offered as part of this Service, including the Content, Game Items or Game Currency.
- “System” means the server-based platform that is operating the Service(s).
Article 2 Consent to the Agreement
- The Customer’s use of this Service is subject to the Customer consenting to the terms and conditions of this Agreement and the Individual Service Agreement, and the Customer agrees to use this Service within the scope set forth by Cygames in accordance with the terms and conditions set forth by Cygames (e.g. age and usage environment).
- In the event the Customer does not consent to this Agreement or the Individual Service Agreement, the Customer shall not be entitled to use this Service, and shall immediately cease downloading, installing or using this Service. In the event that the Customer has already installed the Service(s), the Customer shall uninstall the Service(s).
- In the event that an Individual Service Agreement has been established in relation to this Service, the Customer shall use this Service in accordance with the provisions in the Individual Service Agreement in addition to this Agreement.
- In the event that there is a discrepancy in the content of this Agreement and the Individual Service Agreement, the content set forth in the Individual Service Agreement shall be applied in preference.
- The Customer shall not create an Account or access the Service(s) if the Customer is under the age of 13. A person with parental authority for a minor accepts full responsibility for any unauthorized use of the Service(s) by that minor. A person with parental authority for a minor is responsible for any use of their credit card or other payment instrument (e.g. PayPal) by such minor.
Article 3 Changes to the Agreements and Disclaimers
- Cygames shall reserve the right to change this Agreement and the Individual Service Agreement at any time without prior notification to the User in the event that Cygames determines it necessary.
- This Agreement and Individual Service Agreement as changed shall take effect from the time when posted in this Service or in an appropriate location on the website operated by Cygames.
- In the event the Customer uses this Service after this Agreement or Individual Service Agreement has changed and taken effect as such, it shall be deemed that the Customer consents to all the content described in this Agreement or Individual Service Agreement as changed.
- In the event the Customer does not consent to the content of this Agreement and Individual Service Agreement as changed, the Customer shall not be able to use this Service. Therefore, the Customer shall immediately cease downloading, installing or using this Service. In the event the Customer has already installed this Service, the Customer shall uninstall this Service.
Article 4 Handling of Personal Information
Article 5 Limited License of Rights (e.g. Intellectual Property)
- The Service(s) are provided for the Customer’s enjoyment, and unless otherwise specified, solely for the Customer’s own personal use. Cygames hereby grants the Customer a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the intellectual property rights in the Service(s) and any game or Content included thereunder for the Customer’s own non-commercial entertainment purposes, subject to his or her complete compliance with this Agreement. Customer acknowledges that the time spent on or using the Service(s) including without limitation on any underlying game or Content is solely for his or her personal entertainment purposes, and that no monetary value can be attributed to such time and that, but for the license granted herein, Customer is not entitled under the law to use or have access to the Service(s) and/or the Content.
- As between the parties, Cygames shall own all rights and titles in and to (i) the Content, including the text, software, images, programs, trademarks, logos, and any other features of the Content that is part of the Service(s), and (ii) all code, programming and any associated patent or proprietary rights related to the Service(s) or the underlying game. This Agreement shall not transfer any rights (e.g. intellectual property rights) relating to this Service to the Customer other than the right to access and use the Service(s) set out in Article 5(1). Customer acknowledges that Cygames’ intellectual property contained in the Content and the Service(s) are valid and protected in all media existing now or later developed in the future, and acknowledges that Customer does not acquire any ownership rights in or to this intellectual property.
- Cygames does not grant the Customer any other express or implied rights or licenses in or to the Service(s) and/or the Content. Except as expressly set forth in this Agreement, the Customer may not modify, copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, Content without Cygames’ express prior written permission.
- Cygames reserves the right to modify, amend and update the Content and the Service(s) at any time and for any reason. The Customer agrees that Cygames will not be liable to him or to her or to any third party for any such modification, suspension, or termination.
- Cygames reserves the right to set, create and change at its discretion the specifications, rules, design, audiovisual expressions, effects, parameters, scenarios and all other matters in the Content and the Service(s).
Article 6 Account and Password
- Customer shall be required to register for an Account before starting to use this Service. Customer will ensure that any user name selected does not include personal information, does not infringe any third party rights and is not otherwise unlawful. Cygames reserves the right to refuse to grant the Customer a user name for any reason, including if it potentially impersonates, is vulgar, is otherwise offensive, or may cause confusion. Customer does not own any rights in the username and Cygames reserves the right to change or delete any username, with or without prior notice to the Customer, at any time and for any reason in its sole discretion.
- The Customer acknowledges that it will have no ownership or proprietary rights to the Account. The Customer cannot transfer, loan or pass on any of the usage rights in this Service to a third party.
- Cygames shall bear no responsibility or liability for any issue that arises as a result of a defect or mistake in the information registered by the Customer when the Customer uses this Service and Customer releases Cygames from all liability or responsibility for any actions taken which relate to this incorrect information. CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ITS USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF ITS ACCOUNT, GAME CURRENCY OR GAME ITEMS.
- Cygames shall consider any acts performed on the Customer’s account as his/her own acts. The Customer acknowledges that it is his/her own responsibility to ensure that the information registered by the Customer when using this Service is not used in an unauthorized manner by a third party. It is the Customer’s responsibility to resolve any issue that arises as a result of the Customer releasing his/her own Account details to a third party, whether by using national or international media, private correspondence, social media, a service on the Internet or any other method. Customer acknowledges that Cygames shall bear no responsibility for any such misuse.
- As between the parties, the Customer shall bear all liability and responsibility for any acts performed in this Service through Customer’s Account and username.
- If the Customer violates this Agreement and does not comply with a warning notice, Cygames reserves the right to delete or suspend the Customer’s Account and information associated with the Customer’s Account. All of the Customer’s usage rights in this Service shall cease to exist at the time when the Account is suspended, deleted or revoked, regardless of the reason.
Article 7 Provision of Service
- Cygames reserves the right to change, suspend or terminate at its discretion the Service(s) and all the services provided using this Service.
- If this Service is terminated under the preceding paragraph, the play data of the Customer in this Service shall be deleted at the same time as the Service(s) are terminated.
- The Customer shall not be entitled to a refund, return or other repayment in circumstances where there has been a cancelation by the Customer of the Fee-based Services other than to the extent that any such refund, return or other repayment is required by applicable laws/regulations.
- Notwithstanding any provision to the contrary herein, the Customer agrees that he/she has no right or title in or to any Content, the Game Currency or the Game Items, whether earned in the game or purchased from Cygames, or any other attributes associated with an Account or stored on the Service(s). CUSTOMER AGREES THAT GAME CURRENCY AND GAME ITEMS HAVE NO CASH VALUE AND THAT Cygames HAS NO OBLIGATION TO EXCHANGE GAME CURRENCY OR GAME ITEMS FOR ANYTHING OF VALUE. IF CUSTOMER’S ACCOUNT IS TERMINATED, OR SUSPENDED, THE GAME CURRENCY, GAME ITEMS AND THE ACCOUNT SHALL HAVE NO VALUE. Neither Game Items nor Game Currency may be transferred, licensed or sold.
- Cygames reserves the right to charge fees for (or to provide at no-charge or for promotion) the right to use Game Currency or Game Items and Cygames may take action that impacts the perceived value of or pricing of any Game Currency.
- All purchases of Game Currency are final and will not be refundable, transferable or exchangeable under any circumstances.
- Cygames has the right to modify or eliminate Game Currency and/or Game Items as it sees fit and in its sole discretion, and it will only be liable to Customer for the exercise of such rights in cases of willful misconduct and gross negligence. In addition, if Cygames suspects that any Game Currency is obtained fraudulently or by unauthorized means, it has the right to debit Customer’s Account for an amount equivalent to the value of such Game Currency and to terminate, modify or suspend Customer’s Account.
Article 8 Advertisements
Cygames shall reserve the right to post the advertisements of Cygames or a third party in this Service at the discretion of Cygames.
Article 9 Fees and Expenses
- The costs pertaining to the purchase, introduction and maintenance of the Device, the communication fees (e.g. packet fees and data usage fees) and all other expenses necessary when using this Service shall be borne by the Customer.Customer will pay all fees or charges incurred through its Account, including applicable taxes at the time that the fee becomes payable.
- Cygames may change the price for functions that are free or fee-based in this Service at its discretion. Cygames shall inform the Customer prior to these changes. CUSTOMER ACKNOWLEDGES AND AGREES THAT HE OR SHE IS FULLY LIABLE FOR ALL FEES AND CHARGES INCURRED OR MADE THROUGH HIS OR HER ACCOUNT AND THAT THERE ARE NO REFUNDS FOR FEES AND CHARGES INCURRED OR MADE THROUGH CUSTOMER’S ACCOUNT.
- The Customer hereby acknowledges and consents to the fact that it may no longer be possible to use part or all of this Service if he/she does not consent to changes to the price for functions.
Article 10 Fee-based Services
- It shall be possible to use this Service (except Fee-based Services) for free, but the Customer may decide to use additional Fee-based Services.
- Fee-based Services can only be used as long as the Service(s) are provided. After termination of the Service(s), the Customer cannot continue to use any Fee-based Services.
- The pricing of the Fee-based Services shall be described in each sales location. The price for the desired Fee-based Services will appear in Euros, US dollars, or in another currency applicable to the Customer’s region. Cygames or a settlement agency will have the right to amend or change the prices prospectively. If a price determined by Cygames or a settlement agency is amended, the amended price shall be displayed.
- Customers can purchase Fee-based Services by selecting the desired Fee-based Services, selecting the desired payment method and tapping the relevant button to confirm their intention to purchase the Fee-based Service, and thus concluding the order process.
- The payment options may vary according to the Customer’s country and the technical feasibility of the payment options available in the market.
- The money will be collected via the respective platform (as specified at the point of purchase).
- Statutory interest shall accrue in instances of default.
- The Customer shall not be able to transfer items obtained in a Fee-based Services to another Account or to sell or transfer their Account.
- If a minor (above the age of 13) uses this Service, as noted above, the consent of a person with parental authority for the minor (including their consent to this Agreement, to the paragraphs in this article and to the Individual Service Agreement) shall be required in order for the minor (above the age of 13) to use this Service and to use or to purchase any Fee-based Services.
Article 11 Prohibitions
The Customer shall not commit any of the following acts in this Service. In addition, the Customer is prohibited from instructing, instigating or coercing a third party to commit such acts.
- Using the Service(s) in a manner that violates this Agreement or violates any applicable law or regulation.
- Committing fraud (including computer fraud), obstructing business or intentionally interfering with the Service(s) or fair play, making unauthorized access, bullying, distributing pornographic or inappropriate images, committing other illegal acts, and acts that lead, or may lead to a violation of a law.
- Infringing the ownership rights and other property rights, including but not limited to the copyright, publicity rights, other intellectual property rights, image rights and other personal rights of Cygames or a third party.
- Making discriminatory slanderous, libelous (or otherwise defamatory) or offensive statements.
- Posting, writing or uploading any content that includes expressions or contents which harass, degrade, abuse or give unpleasant feelings to a third party.
- Posting, writing or uploading violent or grotesque content, such as violent or grotesque photographs.
- Stalking, relentlessly pursuing, sending large volumes of messages or other similar acts contrary to the will of other Customers in a manner which harasses or intimidates them.
- Posting links to adult sites, dating sites and similar, and attempting to induce encounters with another person.
- Acquiring, disclosing, falsifying or leaking (or committing acts that may result in the acquisition, disclosure, falsification or leak of) information that can identify individuals (e.g. names, titles, telephone numbers, e-mail addresses and addresses), non-public information, trade secrets or confidential information without the permission of the rights holder or the person, company or group to which the information relates.
- Impersonating Cygames or a third party, and registering or posting false information.
- Committing unauthorized access or acts that mislead.
- Advertising, announcing, soliciting for and carrying out transactions in pyramid schemes, multi-level marketing systems, network businesses and other transactions similar to a chain structure related to the Service(s) or Content.
- Committing acts which relate to the Service(s) or Content and are intended to make a profit without the consent of Cygames.
- Trading in the Game Currency, Game Items and similar for profit in real-world cash, property or other assets (so-called “real money trade”) or all preparatory acts, including inducing another to trade, making offers to trade or accepting offers to trade, regardless of whether such actions occur inside or outside this Service.
- Acquiring in an unauthorized manner the various contents provided by Cygames through this Service (including but not limited to contents and items provided in the Fee-based Services), hereinafter referred to as “In-service Content”, or committing acts that facilitate the unauthorized acquisition of In-service Content.
- Transferring to a third party or allowing a third party to use an Account, In-service Content, or part or all of the rights and benefits available to the Customer in this Service in exchange for cash or other assets, and advertising, announcing or soliciting such exchanges.
- Providing links with the intention of promoting an act which is prohibited under this paragraph.
- Committing other, equivalent or similar acts which are judged to be inappropriate by Cygames
The Customer shall not commit any of the following acts, or similar acts, which may hinder the operation of this Service or disturb its operation, whether such acts are committed inside or outside of this Service. In addition, the Customer is prohibited from instructing, instigating or coercing a third party to commit such acts.
- Attempting to use (in a manner that is not authorized), operate or change the data in the System.
- Using the Service(s) in a manner that (i) overburdens the System, (ii) sends anything that contains a virus or other code intended to do harm, (iii) uses a bot or script to scrape the Service(s) or Content, or (iv) uses any game cheat or hack.
- Replicating, transmitting, transferring, renting, translating, adapting or altering this Service or combining this Service with other software.
- Deleting or changing the copyright notices attached to this Service or other rights notices.
- Using, creating, distributing and selling external tools that have an impact on this Service.
- Transmitting identical or similar message to a large number of Customers or transmitting messages multiple times to any individual Customer (unless permitted by Cygames).
- Exchanging the right to use the Service(s), or any Content, or any of the rights contained in the Service(s) (or Content) for cash, property, labor or other economic benefit or transferring, sublicensing or otherwise disposing of such rights (except in a manner which is permitted by Cygames).
- Committing acts that interfere with the System used as part of this Service.
- Using the Account of another Customer without authorization.
- Claiming to be, hinting to be or impersonating or otherwise suggesting an affiliation with Cygames, an affiliate company or a related person.
- Possessing multiple Accounts or sharing an Account between multiple people without the consent of Cygames.
- Accessing this Service with a Device that has been modified (e.g. rooted or jailbroken).
- Altering, damaging, disassembling, decompiling or reverse engineering this Service.
- Making unreasonable inquiries or requests to Cygames (e.g. unnecessarily repeating a question or similar questions).
- Committing any other equivalent or similar act that interferes with, hinders or damages, or may interfere with, hinder or damage the operation of this Service by Cygames or the use of this Service by another Customer.
If Cygames suspects that the Customer has committed, or may commit, a prohibited act, the Customer admits to committing a prohibited act or Cygames determines the Customer’s use of this Service is inappropriate, Cygames shall reserve the right to take the following measures.
- Requesting that the Customer stops the prohibited act and does not undertake a similar act.
- Revoking items or similar acquired by the Customer and taking other punitive measures in this Service.
- Stopping part or all of the Customer’s use of this Service.
- Stopping or deleting the Customer’s Account.
- Revoking the rights obtained through prohibited acts.
- Disclosing inside and outside this Service the relevant facts of the prohibited acts, including making a report to the police or another public agency in a criminal case, administrative case or other case that may correspond to this.
- Taking other equivalent measures determined by Cygames to be necessary and appropriate.
- Cygames shall reserve the right not to provide services, including this Service, to a Customer whose Account has been deleted under the preceding paragraph (4). Cygames may store personal information to the extent necessary to take such measures.
- The Customer shall not commit any of the following acts in this Service. In addition, the Customer is prohibited from instructing, instigating or coercing a third party to commit such acts.
Article 12 Limitations
- The information and materials provided on or through the Service(s), including without limitation, Game Currency, Game Items, Content and any other data, text, pictures, graphics, audio, video, icons, games, software, and upgrades for use in games or on or through the Service(s) ARE PROVIDED “AS IS”. The Customer shall use this Service under his/her own responsibility and judgment. Cygames provides no guarantees in regards to the precision, completeness, accuracy, validity, applicability, usefulness or availability of this Service. Moreover, Cygames shall provide no guarantees in regards to suitability of this Service for use by the Customer or on the Device used by the Customer (including recommended Devices and Devices indicated as having the recommended environment within this Service).
- Cygames provides no guarantee that it will be possible for the Customer to access or use this Service at the time or place of the Customer’s choosing or, that this Service shall be without interruption and error.
- Cygames provides no guarantees in regards to the legality, integrity, safety, accuracy or compliance with public morals of any third party website that can be accessed through a link from this Service.
- If the Customer replaces the device he/she first used to access the Service(s) due to a repair or model change, Cygames shall provide no guarantee that it will be possible to transfer information registered prior to the replacement of the Device to the new Device unless otherwise stipulated by Cygames.
- Cygames provides no guarantees in regards to products and services other than this Service provided by a third party that is provided in relation to the use of this Service.
Article 13 Disclaimers of Warranties
- Cygames’ SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Cygames AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Cygames AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT THE CUSTOMER’S USE OF THE SERVICES AND THE CONTENT, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES, WILL BE UNINTERRUPTED, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. NO OPINION, ADVICE OR STATEMENT OF Cygames OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE IN ASSOCIATION WITH THE SERVICES OR CONTENT, SHALL CREATE ANY WARRANTY.
- Cygames SHALL BEAR NO LIABLITIES FOR DAMAGES TO THE CUSTOMER OR A THIRD PARTY UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES.
- Cygames SHALL NOT, UNDER ANY CIRCUMUSTANCES, PROVIDE A RETURN OR REFUND FOR THE CONVENIENCE OF THE CUSTOMER OF MONEY THAT HAS BEEN PAID BY THE CUSTOMER OTHER THAN TO THE EXTENT THAT SUCH A RETURN OR REFUND IS REQUIRED BY APPLICABLE LAW/REGULATIONS.
- Cygames SHALL NOT, UNDER ANY CIRCUMUSTANCES, BEAR RESPONSIBILITY FOR DAMAGES IN REGARDS TO ANY DAMAGE SUFFERED AS A RESULT OF THE CUSTOMER APPLYING ALTERATIONS, MODIFICATIONS OR TECHNICAL CHARACTERISTICS TO THE HARDWARE OR SOFTWARE OF HIS/HER MOBILE DEVICE AND THEN NOT BEING ABLE TO PROPERLY USE THIS SERVICE. IN ADDITION, Cygames SHALL HAVE NO RESPONSIBILITY TO PROVIDE ANY HELP OR ASSISTANCE TO REINSTATE THE USE OF THIS SERVICE IN SUCH AN EVENT.
- Cygames SHALL NOT, UNDER ANY CIRCUMUSTANCES, BEAR RESPONSIBILITY FOR ANY DAMAGES SUFFERED AS A RESULT OF THE CUSTOMER PERSONALLY LOSING OR FORGETTING HIS/HER REGISTERED INFORMATION. IN ADDITION, Cygames SHALL PROVIDE ABSOLUTELY NO HELP TO REINSTATE THE USE OF THIS SERVICE IN SUCH AN EVENT. THE SAME SHALL ALSO APPLY IN THE EVENT THE CUSTOMER LOSES HIS/HER REGISTERED INFORMATION DUE TO UNAUTHORIZED USE, LOSS, THEFT, FAILURE OR ANY OTHER REASON IN REGARDS TO THE MOBILE DEVICE HE/SHE USES IN THIS SERVICE. Cygames SHALL RESPOND TO INQUIRIES, IDEAS FOR IMPROVEMENT, OTHER SUGGESTIONS AND FEEDBACK FROM THE CUSTOMER PERTAINING TO THIS SERVICE UNDER ITS OWN DISCRETION AND JUDGMENT WITHOUT OBLIGATION TO PROVIDE A REPLY OR ANY KIND OF SUPPORT. Cygames MAY PROVIDE SUPPORT TO THE CONTENT OF INQUIRIES, IDEAS, SUGGESTIONS, FEEDBACK AND SIMILAR FROM THE CUSTOMER. HOWEVER, THIS SHALL NOT BE INTERPRETED AS AN OBLIGATION TO PROVIDE INDIVIDUAL ANSWERS, REPORTS OR FINANCIAL COMPENSATION TO THE CUSTOMER.
- Cygames SHALL NOT, UNDER ANY CIRCUMUSTANCES, BEAR RESPONSIBILITY TO REPAIR BUGS OR SIMILAR IN THIS SERVICE AND SHALL BEAR NO OBLIGATION TO REFORM OR IMPROVE THIS SERVICE.
- Cygames SHALL NOT, UNDER ANY CIRCUMUSTANCES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS). UNDER ANY CIRCUMUSTANCES, THE MAXIMUM LIABILITY TO Cygames FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY THE CUSTOMER TO Cygames IN THE PRECEDING TWELVE (12) MONTHS.
Article 14 Termination
- Cygames may revoke the Customer’s license and terminate the Customer’s access to and use of the Service(s) and the Account for any violation of this Agreement and may delete Customer’s Account, Game Currency, and any Game Items associated therewith. If Cygames revokes the Customer’s license and terminates the Customer’s access to and use of the Service(s) and the Account, Cygames will not have any liability to the Customer for any time spent by the Customer, any Game Currency, and/or Game Items. If the Customer terminates this Service, all outstanding financial obligations owed by the Customer to Cygames shall be fulfilled immediately by the Customer. If Customer dies, his or her Account will be terminated.
- Cygames shall bear no obligation to retain any information (e.g. personal information) of a Customer or Account if the Customer’s Account has been terminated.
Article 15 Indemnity and Limitation of Liabilities
- The Customer agrees to reimburse Cygames for all damages resulting from the violation of this Agreement. The Customer releases Cygames from any third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that third parties may incur as a result of or arising from any allegation that the Customer violated this Agreement or violated any law or regulation, or violated a third party’s proprietary or intellectual property right. This provision does not apply if the Customer is not responsible for the infringement.
- Cygames ASSUMES NO LIABILITY FOR INTERRUPTIONS WITHIN THE NETWORK.
- NO COMMUNICATION OF ANY KIND BETWEEN THE CUSTOMER AND Cygames CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Notice for California Users. Under California Civil Code Section 1789.3, California Websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service(s) of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Article 16 Prohibition on the Transfer of Rights and Obligations
The Customer shall not assign, transfer, pledge or otherwise dispose of any rights or obligations pertaining to the use of this Service to a third party.
Article 17 Validity of This Agreement
- Except as described in Article 18, if any part of this Agreement or the Individual Service Agreement is or becomes invalid or unenforceable, the rest of this Agreement and the Individual Service Agreement shall continue to apply and be binding and any invalid or unenforceable term will be substituted with a valid and enforceable term that reflects Cygames’ intent as closely as possible.
- This Agreement and the Individual Service Agreement comprise the entire agreement between the parties relating to the subject matter, and (except in the case of fraud or made a fraudulent misrepresentation) supersedes all prior understandings of the parties relating to the subject matter of this Agreement and/or the Individual Service Agreement, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between the parties.
- If Cygames does not enforce a provision of this Agreement or the Individual Service Agreement that does not waive Cygames’ right to do so later. And, if Cygames expressly waive a provision of this Agreement or the Individual Service Agreement that does not mean that the provision is waived indefinitely. Any waiver must be in writing and signed by both parties to be legally binding.
Article 18 Force Majeure
Cygames is not liable for any failure to perform its obligations hereunder due to external, unforeseeable and irresistible circumstances, such as changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Article 19 Governing Law and Jurisdiction
Before bringing a formal legal case, the Customer should contact Cygames’ Customer Support team or try to find a resolution on one of Cygames’ forums. Most disputes can be resolved that way. This Agreement shall be governed in all respects by the laws of Japan. The Customer agrees that any claim or dispute the Customer may have against Cygames must be resolved exclusively by Tokyo District Court in Japan. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisions of the country in which the user resides shall remain unaffected by this choice of law.