END USER LICENSE AGREEMENT
DOTEMU / ARC SYSTEM WORKS CO., LTD.
This End User License Agreement (hereinafter referred to as "
this License Agreement") sets forth the terms and conditions under which you install and/or use multimedia programs produced by DOTEMU as the original creator, localized by Arc System Works Co., Ltd. ("ASW") and distributed by Arc System Works America Inc. ("ASWA") and/or Arc System Works Asia Co. Ltd. ("ASW Asia") (in either case, "Arc System Works" or "we").
Please read this License Agreement carefully before purchasing, downloading, or installing a multimedia program. In addition, some multimedia programs may be subject to separate terms of use (hereinafter referred to as "Individual Terms of Use"). Please also review and agree to the Individual Terms of Use before purchasing, downloading, or installing such multimedia programs.
You acknowledge and agree that by reading and understanding this License Agreement and installing a multimedia program, you will be bound by the following terms. You acknowledge and agree that this License Agreement sets forth the completeness and exclusivity of the agreement between you and Arc System Works, and that this License Agreement supersedes any prior or current agreements (oral or written) and any other communications between you and Arc System Works (including written license agreements accompanying multimedia programs that contradict or are contrary to this Agreement), and further, that it includes the terms of DOTEMU's license as the original creator.
If you do not agree to the terms of this License Agreement and the Individual Terms of Use (if applicable), you will not be permitted to download or install the multimedia program.
"
Multimedia Program" refers to all video games, game software, all their components (in particular, characters, scenarios, worlds, computer code, images, animations, videos, music, text, etc.) created by DOTEMU and released by Arc System Works, downloadable content for such games (including, but not limited to, DLC, expansion packs, battle passes, add-ons, add-on software, and other game expansion content), and all their documentation.
"Seller" refers to the business operator from whom you purchased the multimedia program. In the sales contract for the multimedia program, the terms applicable between the seller and you, in particular, legal guarantees regarding conformity, guarantees against hidden defects, right of withdrawal, and terms regarding updates, must be communicated to you by the seller.
Multimedia programs are protected by intellectual property rights, particularly copyright, and are the exclusive property of DOTEMU, as well as property sold by Arc System Works, its subsidiaries, or suppliers (hereinafter referred to as "Arc System Works"). The use of multimedia programs shall be subject to the terms of this License Agreement.
1. Prerequisites for License
The license granted under this Agreement is conditional upon your complete compliance with, among other things, the following matters and all other conditions set forth in this Agreement.
1.1 You have reached the age of majority in your place of residence. If you have not reached the age of majority in your place of residence, the consent of your parent or legal guardian is required to be bound by this Agreement and any applicable additional terms.
1.2 You agree to and comply with all terms of this Agreement and all additional terms applicable to the game.
1.3 Your access to and use of the game is subject to certain security measures. This includes, but is not limited to, serial code registration for the game, continuous internet access, and agreement to certain security/digital rights management features. Failure to agree to or fully comply with such security measures may partially or completely impair your use of the game.
1.4 Your access to and use of the game is in accordance with all applicable local, state, national, and foreign laws.
1.5 Your access to and use of the game is limited to consumer game consoles and personal computers ("Target Hardware") running an operating system that is intended for the game's operating environment and has been validly licensed.
1.6 The purchase and use of items require agreement to the network terms and conditions set by the operator of the operating system and platform on which the target hardware operates. Please confirm the usage rights for each item, as they may differ. Unless otherwise specified, the age restrictions for in-game store content are the same as the age restrictions for the game.
2. Limited Use License
Multimedia programs are licensed to you by Arc System Works, not sold. Therefore, the granting of a license to you does not confer ownership or title to the multimedia program.
Subject to your agreement to and compliance with this License Agreement and the restrictions set forth in Article 4, Arc System Works grants you the right to download, install, execute, display, and more broadly use one copy of the multimedia program on only one piece of target hardware for personal and non-commercial purposes. The granted license is revocable, personal, non-exclusive, non-commercial, and transferable, in accordance with the terms of Article 8.
This License Agreement is strictly limited to the multimedia program and does not apply to any remastered, remade, rebooted, sequel (e.g., prequel, sequel, spin-off), ported, or any other version of the multimedia program.
3. Retention by Arc System Works
Arc System Works is the exclusive licensee from DOTEMU of all rights, title, and interest in the multimedia program, and all intellectual property rights related to and connected with the multimedia program and its functions and components.
"Intellectual Property Rights" refers to all intellectual property rights and/or industrial property rights related to the multimedia program, including, but not limited to, all copyrights, neighboring rights, patents, patent applications, database rights, designs, trademarks, domain names, know-how, trade secrets, etc., related to the elements listed below in particular.
- All content of the multimedia program (in particular, themes, objects, characters, character names, stories, texts, dialogues, elements of interest, locations, illustrations, concepts, graphics, animations, sounds, musical works, recordings, audiovisual effects, etc.).
- All data and communications generated by the multimedia program.
- All software, computer code (source code and object code), titles, operating methods, related documentation, applications, integrated interfaces, and works of creative expression contained in and integrated into the multimedia program.
4. Restrictions
The license under Article 1 is granted to you subject to the following reservations.
- You may not, in whole or in part, without the prior written consent of Arc System Works, copy, imitate, translate, reverse engineer, reverse compile, modify, adapt, integrate, transform, disassemble or decompile the multimedia program, or obtain the source code of the multimedia program, attempt to extract or use the source code from the multimedia program, or create derivative works based on the multimedia program.
Furthermore, you may not remove any intellectual property rights notices or references from the multimedia program without the prior written consent of Arc System Works.
- The multimedia program is licensed to you as a single product. It is not permitted to separate the components of the program and use them on multiple computers. In accordance with the terms of the license granted to you, the multimedia program may be used for personal and non-commercial purposes.
Therefore, the following are not permitted:
- Selling, distributing, transferring, or lending, leasing, or sublicensing copies or imitations of the multimedia program to third parties in any way, without the prior written consent of Arc System Works and/or without complying with the provisions of Article 8 of this License Agreement.
- Operating all or part of the multimedia program for commercial or promotional purposes, or in any way.
- Using the multimedia program for illegal or immoral purposes.
- Using the multimedia program for any purpose other than those stipulated by Arc System Works under this License Agreement.
- Using or enabling the use of the multimedia program simultaneously on multiple computers, game consoles, small devices, mobile devices, or personal digital assistants without an additional license (this additional license may be provided by an authorized third party, such as a seller, if you agree to the terms of sale or service).
- Using or enabling the use of the multimedia program on a network (including online use), including multi-user systems and remote access systems, unless otherwise expressly stipulated by Arc System Works and you agree to the terms of use of the multimedia program.
- Using any third-party software in conjunction with the multimedia program for any purpose not expressly permitted by Arc System Works.
- Removing, disabling, or circumventing any proprietary notices or references contained in the multimedia program, or copying any protection software contained in the multimedia program.
- Exporting or re-exporting the multimedia program, its copies, or adaptations in violation of applicable laws.
- Creating executable data or multimedia programs that imitate the data or functions of the multimedia program.
The multimedia program can only be downloaded from authorized sources. The multimedia program cannot be made available on networks where others can download it.
5. Third-Party Intellectual Property Rights, Third-Party Software, and Tools
The multimedia program may contain elements licensed to DOTEMU by third parties. Therefore, the latter may take all necessary measures to assert their rights if you violate this License Agreement.
Therefore, third-party software and tools (hereinafter referred to as "Third-Party Software") are particularly used in the development of multimedia programs and may be integrated as an inseparable element of the multimedia program. Third-Party Software may also be provided to you to enable the creation of user-generated content.
All rights regarding Third-Party Software are retained, and all ownership thereof belongs to the relevant third parties.
No provision of this License is intended to, nor does it have the effect of, transferring ownership of such Third-Party Software to you in any way, or granting you any rights or authority regarding such Third-Party Software.
Some Third-Party Software may be subject to separate additional terms. This applies in particular to Unreal Engine® developed by Epic Games, Inc. For such terms of use, please refer to this link (https://www.unrealengine.com/ja/eula-reference/unreal-ja). It also complies with the terms of use of Epic's Fab marketplace (https://www.fab.com/ja/terms-of-service). By agreeing to this License Agreement, you agree to the individual terms of use of all Third-Party Software. Regarding the aforementioned Third-Party Software, if there is any discrepancy or contradiction between the terms regarding Third-Party Software contained in this License Agreement and the individual terms of use of such Third-Party Software, the latter individual terms of use shall prevail over the terms of this License Agreement.
Third-Party Software is not sold to you, nor is it provided with the multimedia program, but is merely an inseparable component of the program. No warranty is given regarding Third-Party Software, and no liability is assumed for it.
Any requests or complaints regarding the multimedia program should be made to Arc System Works, and in no case to its licensors.
6. Updates, Patches, and Modifications
6.1 DOTEMU or Arc System Works or an authorized third party may make improvements, updates, changes, or modifications (hereinafter referred to as "Updates") to the multimedia program.
Arc System Works reserves the right, at its sole discretion, to change the code of the multimedia program at any time. Such changes may affect the functionality of the multimedia program or its content (e.g., adding or removing features or content, fixing bugs or errors, changes for game balance adjustment, etc.).
6.2 Where your national law applies, these Updates may be automatically downloaded to enable the execution of the multimedia program, and various aspects of the multimedia program may be changed. You expressly agree to such downloads.
Information regarding the nature of these Updates and the period during which they can be downloaded will be communicated to you by the seller through the general terms of sale prepared by the seller or by other methods chosen by the seller.
Information regarding the essential characteristics of each Update (such as the purpose of the Update, the version of the operating system of the target hardware, the required storage capacity, and the possible impact of the Update on the operation of the multimedia program) will be communicated to you before the Update is downloaded.
If an Update is necessary to maintain the conformity of the multimedia program, the seller will inform you of the reason. DOTEMU and Arc System Works strongly recommend downloading and installing all necessary Updates to maintain the conformity of the multimedia program and assume no responsibility for any defects in the multimedia program caused by not downloading and installing this type of Update.
6.3 Access to and download of these Updates require a valid internet connection. Connection failures due to the internet or telecommunications carriers may hinder access to and download of Updates. Arc System Works assumes no responsibility for operational problems caused by insufficient communication environment or connection failures, which are outside the control of Arc System Works.
7. Technical Protection Measures
The multimedia program may be equipped with technical protection measures. Therefore, you acknowledge the following.
- The number of installations or activations of the multimedia program may be limited.
- Certain files and/or data may be downloaded to your device. Also, certain information may be collected for the purpose of authenticating the multimedia program.
- An internet connection may be required.
Additional information may be provided to you by the seller as needed.
8. Transfer of Multimedia Program
You are authorized to permanently transfer all rights under this License Agreement, provided that the transferee agrees to abide by the terms of this License Agreement and you agree to delete the multimedia program from the medium on which you downloaded, used, or copied it.
9. Term/Termination
This License Agreement shall remain in effect until terminated. You may terminate this License Agreement at any time by deleting or uninstalling the multimedia program from the medium and destroying any copies of the multimedia program you possess.
If you fail to comply with the terms of this License Agreement, Arc System Works may terminate this License Agreement depending on whether the breach is minor (not a breach of legal or regulatory obligations or a material breach) or material (Article 4 (Restrictions), Article 5 (Third-Party Intellectual Property Rights, Third-Party Software, and Tools) of this License Agreement). In the event of a minor breach, Arc System Works may request you in writing to cease the infringing act within 48 hours. If not remedied within the deadline, Arc System Works may automatically terminate this License Agreement. In the event of a material breach, Arc System Works may immediately and automatically terminate this License Agreement by notifying you in writing (email is also acceptable).
Upon termination for any reason, you shall immediately destroy and delete all or part of the multimedia program and any copies thereof owned or controlled by you and stored on any medium. Furthermore, at the request of Arc System Works, you must prove that the destruction has been carried out.
10. Limitation of Warranty
To the maximum extent permitted by applicable law, Arc System Works does not warrant the continuous or error-free operation of the multimedia program, nor any error correction in the multimedia program. The multimedia program is provided "as is" to the extent permitted by applicable law, without any warranty, except as expressly stated in this license. The warranties set forth below define the scope of Arc System Works' liability and warranty and your remedies.
To the maximum extent permitted by applicable law, Arc System Works expressly disclaims any warranty regarding the multimedia program. The multimedia program is provided "as is" and without warranty of any kind, express or implied. This includes, but is not limited to, implied warranties and/or conditions of merchantability, fitness for a particular purpose, satisfactory quality, performance, or non-infringement of intellectual property rights of the multimedia program.
All risks associated with the use or performance of the multimedia program are your responsibility. However, Arc System Works warrants that the physical medium on which the multimedia program is installed will be free from hidden defects and manufacturing defects for 90 days from the date of purchase under normal use conditions.
11. Limitation of Liability
Arc System Works takes reasonable measures to ensure the normal operation of the multimedia program and to promptly restore it in the event of a defect. However, Arc System Works is not responsible for failures or performance degradation caused by force majeure (e.g., armed conflict, epidemics, pandemics (including the COVID-19 pandemic), natural disasters, strikes), or maintenance, repair, or other work on our technical equipment, or impacts from third parties providing data, content, information, or communication means.
To the maximum extent permitted by applicable law, Arc System Works shall not be liable for any damages (including, but not limited to, direct, indirect, incidental, and consequential damages related to business interruption, loss of customers, loss of profits, loss of data, and other economic or monetary losses) arising from the use, inability to use, malfunction, or mere possession of the multimedia program. This applies even if Arc System Works has been notified of the possibility of such damages.
Arc System Works shall not be liable for any damages, injuries, or losses caused by your negligence, accident, improper use, or modification of the multimedia program in any way after its purchase. In no event shall Arc System Works' compensation exceed the purchase price of the multimedia program if the aforementioned limitations are not applicable under specific laws.
No provision of this License Agreement shall limit or exclude Arc System Works' liability for death or personal injury caused by its negligence, or any other liability that cannot be excluded or limited by the provisions of applicable law.
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Arc System Works from all claims, costs, and expenses (including attorney's fees) directly or indirectly caused by your acts or omissions during the use of the multimedia program that are unlawful or in violation of the terms of this License Agreement.
12. User-Generated Content
Certain multimedia programs allow you to choose a pseudonym, create an avatar, interact and communicate with other players, send, receive, and share messages, sounds, voices, recordings, texts, images, illustrations, photos, documents, and even create and customize games, levels, maps, scenarios, and other content (hereinafter referred to as "UGC") through tools provided by Arc System Works or its licensors (hereinafter referred to as "Licensor") and/or Third-Party Software. These UGC may be used and shared as part of the multimedia program. UGC may be creations based on your imagination (hereinafter referred to as "Original UGC") or creations based on existing creations (hereinafter referred to as "Derivative UGC"), and Arc System Works and Arc System Works' Licensors may have rights to these.
If the multimedia program allows sharing and/or linking with other third-party websites and/or online services (hereinafter referred to as "Third-Party Sites"), you agree to comply with the terms of use of such Third-Party Sites. Arc System Works is not responsible for the content of Third-Party Sites. The links provided are for convenience only, and Arc System Works assumes no responsibility in this regard. You are responsible for complying with the terms of use of Third-Party Sites and for ensuring that those sites are appropriate for your profile. You agree to indemnify Arc System Works and hold us harmless from all liability arising in connection with any violation of the terms of use of such sites, and all direct or indirect damages resulting therefrom.
More generally, you are solely responsible for all use and sharing of UGC you create, and you must comply with the terms of this License Agreement in all cases when creating, using, and sharing UGC.
Therefore, Arc System Works shall not be liable in any case for the alteration of the quality of the multimedia program, the alteration or loss of UGC that occurred during the creation, use, or sharing of UGC, and/or the infringement of intellectual property rights held by third parties (but not limited to these).
You agree not to use UGC outside the multimedia program from which it was generated, regardless of the means or purpose of extraction from the program. In general, it is prohibited to extract components of the multimedia program from the latter.
To the maximum extent permitted by applicable law, you hereby grant Arc System Works and Arc System Works' Licensors a worldwide, royalty-free, irrevocable, fully transferable, and sublicenseable non-exclusive license for the duration of the rights, regarding your UGC (Original UGC or Derivative UGC) and your contributions thereto (at the time of creation and/or sharing), without prior notice or compensation, to license, assign, rent, publicly release, or publicly and globally execute, use, copy, modify, reproduce in whole or in part, adapt, evolve, translate, publish in any medium, incorporate into other works, extract all or part of elements and add and/or remove elements, broadcast, display, publish, transmit in any way, distribute, sell, and market, including but not limited to these rights.
This operational license is granted for the purpose of distributing multimedia programs, creating derivative works of multimedia programs, sharing UGC within the framework of multimedia programs, and promoting multimedia programs and their derivative works.
You may terminate this operational license if Arc System Works breaches this License Agreement and fails to remedy it within one month after sending a formal notice of remedy.
By this Agreement, you agree, to the maximum extent permitted by applicable law, not to assert moral rights, publication rights, rights of reputation, or attribution rights regarding the use of UGC by Arc System Works, Arc System Works' Licensors, or other players. The individual terms of Arc System Works' Licensors may apply to your UGC, and you will be notified as necessary.
Notwithstanding the foregoing, you acknowledge and agree that the Derivative UGC you create contains content, goods, and materials owned by Arc System Works and/or our Licensors. Such UGC is a derivative work based on existing works to which Arc System Works or Arc System Works' Licensors hold rights. Neither this License Agreement nor any other document applicable to this contractual relationship shall grant you the transfer of rights (including intellectual property rights) regarding the existing works used to create Derivative UGC, and these rights shall remain the property of Arc System Works and/or Arc System Works' Licensors. Therefore, UGC based on existing creations cannot be used without the express permission of Arc System Works and/or Arc System Works' Licensors.
13. Personal Data
Arc System Works, as a data controller, may collect certain personal data through the multimedia program. Regardless of the means of identification, personal data refers to information directly or indirectly related to an identified or identifiable natural person.
Arc System Works primarily collects personal data for the following purposes:
- To provide the requested products and services.
- To provide better products, services, and gaming experiences (including in-game tools and telemetry technologies as needed).
- To provide technical support to you.
- To manage the use of the multimedia program related to acquired rights (in particular, to prevent fraudulent acts in the multimedia program).
- To ensure the normal operation and security of the entire multimedia program.
This data mainly includes the following:
- Identification information (your name, nickname, etc.)
- Demographic data (your language, country, city, etc.)
- Game data (your score, statistics, number of solo and multiplayer games, etc.)
- Other data related to the use of the multimedia program (your IP address, hardware configuration, connection history, error reports, etc.)
You have the right to access, rectify, and delete personal data, the right to restrict processing and object to processing, and the right to data portability. These rights can be exercised at any time by contacting Arc System Works' Data Protection Officer (hereinafter referred to as "DPO"). If Arc System Works collects certain personal data through the multimedia program, it will be managed in accordance with its privacy policy (Privacy Policy | ARC SYSTEM WORKS OFFICIAL WEB SITE) and your rights will be addressed.
14. Special Terms of Use
Sony PlayStation® Users
Residents of the United States of America:
The purchase and use of items are subject to the PlayStation™ Network Terms of Service and User Agreement. A sublicense to use this online service has been granted to you by Sony Interactive Entertainment America.
Residents of Europe, Oceania, and the EMEA region:
Content purchased from the game store is purchased from Sony Interactive Entertainment Network Europe Limited (hereinafter referred to as "SIENE") and is subject to the PlayStation™ Network Terms of Service and User Agreement available on the PlayStation™ Store. Usage rights may vary by item, so please confirm usage rights for each purchase. Unless otherwise specified, the classification of content available in the game store is the same as the classification of the game itself.
15. General Provisions
15.1 Export Control
You are not permitted to export, download, or re-export the multimedia program to countries (citizens or residents) currently subject to export prohibitions.
15.2 Provisional Relief
You hereby acknowledge that Arc System Works will suffer irreparable harm if the terms of this License Agreement are not strictly enforced, and consequently, you agree that Arc System Works may legitimately assert appropriate remedies and other remedies it has under applicable law, without guarantee, compensation, or proof of damages, regarding any breach of this License Agreement.
15.3 Changes and Notification
This License Agreement may be unilaterally modified by Arc System Works if deemed necessary for any of the following reasons: (i) to consider the technological evolution of the multimedia program or its medium of use; (ii) for legal, regulatory, technical, or security reasons; (iii) if the changes are not to your disadvantage and respect the original contractual balance.
Changes to the main obligations of this License Agreement that may alter the purpose of the agreement described in Article 2 shall not be subject to the unilateral right of modification.
Changes to this License Agreement will be notified to you through the homepage presented to the seller at the time of purchase of the multimedia program or by other appropriate means.
15.4 Partial Invalidity
Even if all or part of one or more provisions of this License Agreement is invalid or ceases to be effective due to law, regulation, or a final decision of a competent court, the other provisions shall remain in full force and effect.
15.5 Force Majeure
Arc System Works shall not be liable for any force majeure or accidental events that make it impossible to perform its obligations under this License Agreement.
15.6 Governing Law
The multimedia program is intended for use only in countries where its use is legal and must be used only in such countries.
To the extent permitted by the local laws applicable in the country where you use and/or acquire the multimedia program, this License Agreement shall be governed by the laws of Japan.
If Japanese law cannot be applied in the country where you use and/or acquire the multimedia program, the following provisions shall apply:
- If the multimedia program was acquired in the United States of America, this License Agreement shall be governed by the laws of the State of California.
- If the multimedia program was acquired in a completely different country, local laws shall apply.
15.7 Dispute Resolution
If problems cannot be resolved through consultation with Arc System Works due to defects in Article 6.3 and Article 10 after you use and/or acquire the multimedia program, you agree that the Tokyo District Court shall be the exclusive court of first instance.
15.8 Language
The original text of this EULA is created in Japanese. The translated version is provided for reference purposes only. To the maximum extent permitted by applicable law, you waive the right to create or interpret this EULA in another language under your national laws.
16.1 For residents of Korea, please also refer to the detailed terms below.
If you are a resident or located in the Republic of Korea, this EULA is a legal agreement between you and Arc System Works Asia Co., Ltd., registered in the Republic of Korea with its head office at 17F, Lotte Castle SKY-L Tower, 200 Wangsan-ro, Dongdaemun-gu, Seoul, Korea 02559.
Amendment regarding the responsibility of the legal representative of a minor: In the case of Article 1.1 of this EULA, the legal representative of a minor hereby acknowledges and agrees to be responsible for the game account created by the minor, or the content of the use of the game account by the user to which the legal representative has consented when the user uses this service.
Amendment and changes to fees, billing methods, and terms applicable to all purchases: Notwithstanding Article 10 (Limitation of Warranty) of this EULA, we may change, amend, or supplement the fees, billing methods, and terms applicable to all purchases, and will publicly notify users of such changes by posting them within the game service or on the connection screen.
When we notify or publish such changes to you, we will also notify or disclose to you that if the user does not express agreement or refusal, they will be deemed to have agreed to such changes, and if they do not express refusal by the effective date of such changes, they will be deemed to have agreed to such changes. If the changes are unacceptable, you may refuse such changes and terminate the use of your game account.
We and the user (hereinafter referred to as "Indemnifying Party") shall indemnify the other party for any damages caused by a breach by the Indemnifying Party as stipulated in this Agreement. However, this shall not apply if such breach is not due to the willful misconduct or negligence of the Indemnifying Party.
Notwithstanding the foregoing, we shall not be liable in any of the following cases:
- If we are unable to provide this service due to natural disasters or similar force majeure events, we shall not be liable for the provision of this service.
- We shall not be liable for any damages arising from the maintenance, replacement, periodic inspection, construction, or similar reasons of the equipment for this service, unless caused by our willful misconduct or negligence.
- We shall not be liable for any service usage failures caused by the user's willful misconduct or negligence, unless there are unavoidable reasons or legitimate reasons for the user.
- We shall not be liable for the reliability or accuracy of information or materials uploaded or posted by users in connection with this service, except in cases of our willful misconduct or gross negligence.
- We have no obligation to intervene in any transactions or disputes arising between you and other users or third parties in connection with this service, and we shall not be liable for any losses arising therefrom.
- We shall not be liable for any losses incurred by users in connection with the use of free services, unless such losses are due to our willful misconduct or gross negligence.
- We shall not be liable for any failure of the customer to obtain the expected benefits from the use of this service, or for any loss of benefits.
- We shall not be liable for any loss of experience points, levels, items, or in-game currency, unless such loss is due to our willful misconduct or negligence.
- We shall not be liable for any payments made by third parties due to your failure to manage your mobile device password or the password provided by the online marketplace operator, unless caused by our willful misconduct or negligence.
- If you become unable to use all or part of this service due to changes in your mobile device or its number, OS version, international roaming, changes in mobile carriers, etc., we shall not be liable unless it is due to our willful misconduct or negligence.
- If content or account information provided by us is deleted by you, we shall not be liable unless such deletion is due to our willful misconduct or negligence.
- We shall not be liable for any damages incurred by guest members due to the use of this service, unless such losses are due to our willful misconduct or negligence.
Termination: Article 9 of this EULA is amended as follows:
We may suspend the provision of all or part of the services if (a) it is necessary for system operation, such as periodic system inspections, expansion or replacement of servers, or network instability; (b) we are unable to provide services normally due to power outages, service equipment failures, traffic overload, repair or inspection of equipment by telecommunications carriers, etc.; or (c) war, incidents, natural disasters, or similar national emergencies, or other reasons beyond our control occur. In such cases, we will notify you of the reason and period of such suspension in advance on the game start screen or in the notice section within this service. However, if prior notification is not possible due to legitimate reasons, we will notify you afterwards.
If you receive a refund due to a purchase cancellation, the refund will be processed in accordance with the refund policy and procedures of the applicable seller. You may be asked to submit documents proving that you are a minor or a legal representative. However, if a minor purchases using property for which the legal representative has disposal rights, if the minor deceives us by pretending to be an adult, or if the legal representative has given consent, the contract cannot be terminated.
16.2 For residents of Japan, please refer to the detailed terms below.
Age: The age of majority referred to in Article 1.1 of this Agreement refers to persons aged 20 or older before April 1, 2022, and 18 or older thereafter. Minor customers must create this game account after their parent or other legal representative has read and agreed to this Agreement.
Moral Rights: The provisions for the waiver of moral rights under this Agreement do not apply to you. You agree not to exercise your moral rights regarding this user content, such as the right to be identified as the author of this user content, against us or a third party designated by us.
Changes to this Agreement: Notwithstanding the provisions of Article 6 (Updates, Patches, and Modifications) of this Agreement, we may change this Agreement in accordance with applicable laws. When we change this Agreement, we will notify you of the effective date of the change and the content of the changed Agreement by posting it on our website or by other methods we specify. If you use this service after the effective date of the change to this Agreement, you will be deemed to have agreed to the revised Agreement.
Limitation of Liability: The descriptions regarding our limitation of liability to you in this Agreement (including Article 11) do not apply to damages caused to you by our willful misconduct or gross negligence.
16.3 If you are a consumer residing in Canada, the following provisions apply.
Ownership of Services: In the event of fraudulent activity, you agree that we may exercise all or part of our rights under this EULA. This includes termination of this EULA and suspension of access to our services.
Language: Article 15, Paragraph 8 does not apply to you to the extent prohibited by the app.
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