Terms of Use for Online Games

Chapter I. General Provisions

Article 1. Terms of Use for Online Games

These Terms of Use for Online Games (these “Terms”) apply to the online game services, apps, software and any other services related to the games provided via the internet (the “Services”), which are planned and operated by KITERETSU Inc. (the “Company”)

Article 2. Scope of these Terms

The contents made public by the Company in relation to the Services through the notifications given to Users designated under Article 6 or on the Company’s website shall constitute part of these Terms.

Article 3. Confirmation of and Consent to these Terms

Users shall be deemed to have understood and agreed to all contents of these Terms upon installing an app or software related to the Services (including updates thereof). If you do not agree to the contents of these Terms, please refrain from using the Services immediately.

Article 4. Modification of these Terms
  1. The Company may modify these Terms without obtaining approval from Users. In this case, Users shall be deemed to have agreed to these Terms after modification by using the Services after such modification.
  2. Modifications to these Terms shall come into effect when the modified Terms have been displayed on the Company’s website or on any other webpage related to the Services and have become available for Users.
Article 5. Minors
  1. When a minor uses the Services, such minor shall be required to obtain approval from his/her statutory agent (i.e. a person with parental authority) for any such use (including the purchase and use of paid services, such as the purchase of the points and items used within the Services) and the contents of these Terms.
  2. When a minor uses any paid service among the Services, he/she may only use the same within the scope of the limited amount of use per month designated by the Company. In this case, the use of the Services within the scope of such limited amount of use shall be deemed a disposition of the “property regarding which the statutory agent permits disposition by specifying the purpose thereof” under Article 5, Paragraph 3 of the Civil Code.
  3. If a minor uses the Services by misrepresenting that he/she has obtained approval from his/her statutory agent set forth in Paragraph 1 of this Article, despite not having done so, or by misrepresenting that he/she is an adult by entering a false age or date of birth, etc., such act shall be deemed an act of “manipulating fraudulent means to induce others to believe that he/she is a person with capacity” under Article 21 of the Civil Code, and the Company shall not accept the rescission of any legal acts conducted by such User in relation to the Services.
  4. If a User who was a minor at the time he/she agreed to these Terms, then uses the Services after coming of age, any legal acts conducted by such User in relation to the use of the Services when he/she was a minor shall be deemed to have been confirmed by such User after coming of age.

Chapter II. Users

Article 6. Users
  1. Those who wish to use the Services may be required to make their own account in accordance with the method designated by the Company.
  2. Those who use the Services shall be referred to as a User.
  3. If the Company decides that a User or one who wishes to become a User falls under any of the following, the Company may rescind such User’s account:
    1. He/she registers in the name of another person or by otherwise impersonating another person (including the registration of a false age or gender);
    2. He/she, being a minor, registers without obtaining approval from his/her statutory agent;
    3. Punitive measures were taken against him/her in the past, upon using the Services or any other services provided by the Company, such as the rescission of registration or suspension of use in relation to his/her use of such services or breach of the terms of use thereof;
    4. He/she has caused trouble with the Company or any other User in the past (including so-called “trolling”), has received the indication of having caused such trouble from any third party (including other Users), or has been acknowledged by the Company to have caused such trouble;
    5. He/she uses the Services for the purpose of engaging in a criminal act or for any other purpose which violates the public order, standards of decency, laws or regulations;
    6. He/she is in breach of these Terms or threatens to breach the same; or
    7. The Company otherwise decides that he/she is not qualified as a User.
  4. The Company may delete any account for which one (1) or more years have elapsed from the last access, without notifying the User in advance. All User rights in the Services will become void upon the deletion of such User’s account, regardless of the reason therefor.
Article 7. No Assignment

Users shall not assign, sell, purchase, rent, lease, lend, change the ownership of, mortgage or otherwise pledge as collateral to any third party their rights as a User.

Article 8. Facilities, etc.
  1. Users shall prepare all communication devices required for using the Services and any other equipment required in connection therewith at their own expense.
  2. Users shall access the Services at their own expense by contracting with communication service companies required for using the Services.
Article 9. Handling of Personal Information

The Company will handle Users’ personal information appropriately and in accordance with the Company’s privacy policy.

Chapter III. User Obligations

Article 10. Responsibility to Manage Personally Identifiable Information
  1. “Personally Identifiable Information” means the information by which a User may be identified, and “Personal Identification” means to confirm whether a User is qualified to use the Services by using the Personally Identifiable Information.
  2. Users shall bear any and all responsibilities for the management and use of the Personally Identifiable Information.
  3. Users shall not cause any third party to use the Personally Identifiable Information.
  4. If the Services are used under Personal Identification, all such acts of use shall be deemed to have been conducted by the User him/herself.
  5. The Company will not be liable for any damage, etc. incurred by any User due to a third party’s use of such User’s Personally Identifiable Information, unless there is any willful misconduct or gross negligence on the Company’s part.
Article 11. Link with External Service Accounts
  1. There are cases where the Company may provide a function in which the Services may be used through an account on a service operated by a third party and the password, etc. for such account (an “External Service Link”).
  2. If a User wishes to use an External Service Link, he/she shall comply with the External Service Link procedures separately stipulated by the Company.
  3. Users shall approve that, when using an External Service Link, the Company may obtain any information concerning Users held by the operator of the external service being linked, and may display such information on the screen for the Services.
  4. Users shall acquire and use any accounts on the external service being linked at its own responsibility in accordance with the terms of use of such external service.
Article 12. Prohibited Matters
  1. Users shall not engage in any of the following acts:
    1. Acts which infringe upon the intellectual property rights of the Company or others, such as copyrights or trademark rights, etc., or any other rights of the Company or such person;
    2. Acts which infringe upon the property, privacy, image rights or any other rights of others;
    3. Acts which discriminate, slander, defame or discredit others;
    4. Acts connected to any crime such as fraud, etc.;
    5. Acts of sending or displaying images or documents, etc. which are obscene or involve child pornography or child abuse, acts of selling media on which such images or documents, etc. are recorded, or acts of displaying or sending advertisements which evoke the sending, displaying or selling thereof;
    6. Acts which violate the Anti-Stalking Act;
    7. Acts of establishing or soliciting a pyramid or multi-level marketing scheme;
    8. Acts of using the Services by impersonating another person;
    9. Acts of pre-election campaigning, election campaigning, etc., or acts which conflict with the Public Offices Election Act;
    10. Religious activities or solicitation to religious bodies;
    11. Use of the Services for the purpose of business operation or profit-making, or the preparations therefor;
    12. Acts of sending advertisements, promotions, solicitations, etc. to others via email without permission, acts of sending emails causing hatred (harassing emails), acts of obstructing others from receiving emails, acts of requesting sequential forwarding of emails, or acts of forwarding emails in accordance with such request;
    13. Acts of exchanging any Points, as set forth in Article 14, or items, etc. within the Services for cash or other goods with monetary value such as gift certificates, or with points or items, etc. outside the Services (except in accordance with the procedures separately stipulated by the Company), or acts of soliciting, promoting, announcing or mediating such acts of exchange;
    14. Acts of unauthorized access to others’ facilities or facilities for the Services (meaning communication facilities, communication lines, computers, other devices and software prepared by the Company for providing services; the same shall apply hereinafter), or acts of obstructing the use and operation thereof;
    15. Acts of collecting others’ personal information without obtaining their consent, or through fraudulent means;
    16. Acts which violate any laws or regulations, such as the nonperformance of the procedures required under such laws or regulations, namely, the filing of notifications to competent authorities, acquirement of permits and approvals, etc.;
    17. Acts of disclosing others’ personal information;
    18. Acts of analyzing, decompiling, disassembling or reverse engineering any software provided by the Company;
    19. Acts which do not comply with the terms of use, operating procedures, etc. stipulated by the Company;
    20. Acts of attempting to fraudulently manipulate game data or game results, either by him/herself or in conspiracy with others;
    21. Acts of use, creation, distribution, sales, etc. of external tools, such as bots and cheat tools, which fraudulently manipulate the Services;
    22. Acts of attempting to fraudulently modify data such as the game results for the Services and the number of characters, Points, items within the Services, etc. acquired or owned;
    23. Acts of falsification or deletion of or unauthorized access, etc. to any information published within the Services, or acts of attempting to engage in any such acts;
    24. Acts of redistributing, lending or selling apps or software to others, except as approved by the Company;
    25. Acts of reproducing apps or software beyond the number necessary for the use of the Services by the User;
    26. Acts of altering, obstructing or hacking into the Services or apps or software related thereto;
    27. Acts of misusing any malfunctions or errors occurred in apps or software, or acts of conveying the same to others;
    28. Acts of using server emulators, or acts of using or developing utilities;
    29. Acts of impersonating employees of the Company or support personnel;
    30. Acts of informing others of the location where the documents, data, etc. related to any of the foregoing acts are posted (including cases where such acts are conducted by another person), for the purpose of encouraging such acts; or
    31. In addition to the foregoing acts, any acts which violate or breach the laws, regulations, these Terms, the public order or standards of decency (violence, cruelty, etc.), acts which obstruct the operation of the Services, acts which discredit the Company or infringe upon the Company’s property, or acts which cause detriment to the Company or others.
  2. If a User engages in any of the prohibited acts set forth in the preceding items, the Company may delete such User’s account and suspend the provision of the Services without giving any notification to such User.

Chapter IV. Usage Fees

Article 13. Usage Fees for the Services
  1. If any fees are required for using the Services, Users will be permitted to use the Services in accordance with these Terms on the condition that they have paid the usage fees designated by the Company.
  2. The details of the usage fees for the Services and the payment method therefor (the “Usage Fees, etc.”) shall be separately designated by the Company, and shall be made public on the Company’s website or the webpage related to the Services (the “Company’s Website, etc.”).
  3. The Company may change the Usage Fees, etc. for the Services at any time, and such change shall come into effect when such notification of change has been made public on the Company’s Website, etc.
  4. Notwithstanding the provision in the preceding paragraph, if the Company decides that a prior announcement is required, the Company will make a prior announcement of the change to the Usage Fees, etc. on the Company’s Website, etc. by setting an announcement period (the “Prior Announcement Period”) which the Company considers reasonable. In this case, Users shall check the Company’s Website, etc. on a regular basis in order to learn of the existence or nonexistence of any change in the Usage Fees, etc. and the details thereof without delay, and such change of the Usage Fees, etc. shall come into effect upon the elapse of the Prior Announcement Period.
  5. All usage fees to be paid by Users for the use of the Services shall be paid in advance, and once such usage fees are paid, no refunds may be made unless the Company otherwise expressly agrees or announces. Users shall pay all usage fees incurred in relation to the use of the Services (including those which are unsettled due to disputes, etc.), and shall not have the right to withhold such payment for any reason whatsoever.
  6. Users shall expressly agree that, even if the Services cannot be used due to the suspension or deterioration of the communication service and/or internet-access service for which the User has contracted or is using for free, no refunds will be made for the usage fees for the Services.
  7. If a User fails to pay the usage fees for the Services, the Company may suspend the provision of the Services without giving any notification to such User.
Article 14. Points
  1. If the Company sells cryptocurrencies which may be used for the Services (the “Points”), Users may purchase the Points by the units and method separately designated by the Company.
  2. Upon using the Services, Users will only be granted the right to use the Points within the scope designated by the Company.
  3. Users may not transfer or assign any Points they have purchased to another User or any third party.
  4. If the Company considers it necessary for the management of the Points, there are cases where the Company may set a reasonable effective term of the Points by giving prior announcement thereof on the Company’s website.
  5. The Points possessed by a User will lose effect in any of the following events:
    1. The effective term set forth in the preceding paragraph has elapsed for the Points possessed by the User;
    2. All or part of the Services has been terminated in accordance with these Terms; or
    3. The User’s account has been deleted in accordance with these Terms.
  6. The Company will not, for any reason whatsoever, refund any Points once they have been purchased.
  7. The Company may, by giving prior notification to Users, change the free contents of the Services, which may be used through the use of the Points, to paid contents and vice versa, and change the base fee, the usage fees for contents, and the payment method, etc.

Chapter V. Operation

Article 15. Non-Warranty and Disclaimer
  1. The Company makes no warranty as to the completeness, accuracy, utility, etc. of the information it provides in relation to the use of the Services.
  2. The Company’s responsibility shall be and be limited to operating the Services in accordance with the provisions of these Terms with the due care of a prudent manager, so that Users may use the Services.
  3. The Company shall not be liable for any damage incurred by any User in relation to the use of the Services unless there is willful misconduct or gross negligence on the Company’s part.
  4. Notwithstanding the provisions in the preceding paragraphs, if the Company is liable to a User for any damage, the maximum amount of such damage shall be the total amount of the usage fees which are already paid by such User to the Company, unless there is willful misconduct or gross negligence on the Company’s part.
Article 16. Deletion of Data, etc.
  1. The Company may delete any documents or data, etc. registered on the Services by a User (the “Registered Data, etc.”) (if any) without giving prior notification to the User if: (i) the Registered Data, etc. exceeds the amount designated by the Company or the period therefor designated by the Company expires; (ii) the User engages in any act which falls under either Article 12 (Prohibited Matters) or Article 20 (Prohibited Matters Regarding the Bulletin Board System, etc.); (iii) the User’s account is deleted; or (iv) it is necessary for the operation and maintenance of the Services.
  2. The Company bears no responsibility in relation to the deletion of the Registered Data, etc. under the preceding paragraph.
Article 17. Suspension or Termination of the Services
  1. The Company may suspend all or part of the Services by giving prior notification to Users, in order to conduct the inspection and maintenance of the systems, etc. for the Services on a regular basis.
  2. The Company may suspend all or part of the Services without giving prior notification to Users if any of the following events occur:
    1. It becomes impossible or difficult for the Company to provide the Services due to any reason not attributable to the Company, such as an earthquake, fire, power failure or labor dispute;
    2. Circumstances require urgent inspections or maintenance of the systems, etc. for the Services; or
    3. It otherwise becomes necessary to suspend the Services for operational reasons thereof.
  3. The Company may terminate the Services by giving prior notification or announcement to Users.
  4. Even if any damage, etc. occurs to a User due to the suspension or termination of the Services by the Company under the preceding three (3) paragraphs, the Company shall bear no liability to such User.
Article 18. Modification of Contents of the Services
  1. The Company may modify the contents of the Services without obtaining approval from Users.
  2. Users may not make any claim or file any objection, etc. against the Company’s modification of the contents of the Services under the preceding paragraph.
Article 19. Bulletin Board System, etc.
  1. If the Company provides bulletin board system, chat rooms and/or conversation tools in the Services (the “Bulletin Board System, etc.”), the Bulletin Board System, etc. function and are operated for the purpose of exchanging information related to the Services.
  2. Users shall use the Bulletin Board System, etc. in compliance with these Terms.
  3. Unauthorized reproduction and diversion of the contents of the messages and posts made on the Bulletin Board System, etc. (the “Messages, etc.”) are prohibited.
  4. Users shall agree that the contents of the Messages, etc. may vanish due to system troubles, etc.
  5. The Company may reproduce, transmit or otherwise use the Messages, etc. without charge if required for the function or operation of the Bulletin Board System, etc. or for the promotion of the Services, or under the laws and regulations.
Article 20. Prohibited Matters Regarding the Bulletin Board System, etc.
  1. Users shall not post any Message, etc. on the Bulletin Board System, which falls under any of the following:
    1. Topics or expressions which are unrelated to the Services;
    2. Topics or expressions which infringe upon the copyrights or any other rights of other Users, the Company or any other third party;
    3. Topics or expressions which violate the public order and standards of decency, such as those which slander, abuse, infringe upon the privacy of, or disclose any confidential information related to the Services, other Users, the Company or any other third party, or which are obscene;
    4. Disclosures of personal information, such as the phone numbers and addresses of the Users themselves or any third parties;
    5. Topics or expressions related to election campaigns, religious activities or the like;
    6. Acts of impersonating another User, any third party, the Company or any other person or organization;
    7. Topics or expressions which violate or threaten to violate the laws, orders, regulations, etc. of Japan;
    8. Topics or expressions which may fall under any item under Article 12 (Prohibited Matters), Paragraph 1;
    9. Other topics or expressions which the Company, at its own discretion, considers inappropriate in view of the purport of the Services; or
    10. Introductions of websites, etc. which contain any of the foregoing.
  2. If a User posts any Message, etc. which falls under any of the foregoing, the Company may suspend the provision of the Services by deleting all or part of such Message, etc. and deleting such User’s account, without giving any notification to such User.

Chapter VI. Attribution of Rights

Article 21. Attribution of Rights

All copyrights and any other rights (including the rights set forth in Articles 27 and 28 of the Copyright Act) related to any information provided by the Company to Users, such as those concerning the Services, Service-related characters, apps and software, belong to the Company.

Chapter VII. Others

Article 22. Jurisdiction

Users agree, that, if it becomes necessary to resolve any dispute with the Company in relation to the use of the Services by filing a lawsuit, such dispute shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.

Article 23. Governing Law

These Terms shall be governed by the laws of Japan.

Article 24. Trial Players
  1. If the Company provides Users with the Services for trial without charge, the Users who use such Services shall be referred to as “Trial Players”.
  2. All of these Terms shall also apply to Trial Players, and Trial Players shall use the Services in accordance with these Terms.
  3. Trial Players shall accept in advance that there may be cases where they cannot receive certain services among the Services.

Revised on November 10, 2021
KITERETSU Inc.