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Game Application Terms of Use

These Terms of Use (these "Terms") set forth the terms and conditions for the use of the Services (as defined in Article 1) provided by TOHO Co., Ltd (the “Company”).

Chapter I. General Provisions

Article 1. Definition

• (1) "Application" means the game application provided by the Company.
• (2) "Service(s)" mean the Application and all services associated with it.
• (3) "Website" means the Company's website for the Service.
• (4) "User ID" means the ID required to use the Service.
• (5) "User" means a person having a User ID and using the Services on a mobile device to which the Application has been downloaded.
• (6) "Points" mean a payment method that can be used to purchase items on the Service.

Article 2. Scope of these Terms

All contents made public by the Company in relation to the Services by notifications given to Users or on the 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 being issued a User ID and beginning using the Application (including use after updates). 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 all or part of these Terms at any time in its own discretion.

2. In the event that the Company modifies these Terms in accordance with the preceding paragraph, the Company will make all of the following items known to the User through the Website or the Service, and the modified Terms will apply from the effective date.

• (1) The contents of the modified Terms
• (2) The effective date of the modification

3. If the User uses the Service after the effective date set forth in the preceding paragraph, such User shall be deemed to have agreed to the application of the modified Terms, and all matters related to the Service thereafter shall be governed by the modified Terms.

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. 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

If the Company decides that a User falls under any of the following, the Company may reserve or discontinue the use of the Service, or rescind such User ID:

• (1) He/she makes a false age registration in cases where registration of age or other information is required;
• (2) He/she, being a minor, uses the Service 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 an indication of having caused such trouble from any third parties (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.

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 parties their rights as a User.

Article 8. Communication 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 Game Application Privacy Policy separately set forth by the Company.

Chapter III. User Obligations

Article 10. 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 pre-election campaigning, election campaigning, etc., or acts which conflict with the Public Offices Election Act;
• (9) Religious activities or solicitation to religious bodies;
• (10) Use of the Services for the purpose of business operation or profit-making, or the preparations therefor;
• (11) 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;
• (12) Acts of exchanging any Points, 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;
• (13) 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;
• (14) Acts of collecting others’ personal information without obtaining their consent, or through fraudulent means;
• (15) 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, acquiring of permits and approvals, etc.;
• (16) Acts of disclosing others’ personal information;
• (17) Acts of analyzing, decompiling, disassembling or reverse engineering any software provided by the Company;
• (18) Acts which do not comply with the terms of use, operating procedures, etc. stipulated by the Company;
• (19) Acts of attempting to fraudulently manipulate game data or game results, either by him/herself or in conspiracy with others;
• (20) Acts of use, creation, distribution, sales, etc. of external tools, such as bots and cheat tools, which fraudulently manipulate the Services;
• (21) 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;
• (22) Acts of falsification or deletion of or unauthorized access, etc. to any information published within the Services, or attempting to engage in any such acts;
• (23) Acts of redistributing, lending or selling apps or software to others, except as approved by the Company;
• (24) Acts of reproducing apps or software beyond the number necessary for the use of the Services by the User;
• (25) Acts of altering, obstructing or hacking into the Services or apps or software related thereto;
• (26) Acts of misusing any malfunctions or errors occurred in apps or software, or acts of conveying the same to others;
• (27) Acts of using server emulators, or acts of using or developing utilities;
• (28) Acts of impersonating employees of the Company or support personnel;
• (29) Acts of informing others of the location where 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
• (30) 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. In the event that the Company or any third party suffers damage as a result of a User’s prohibited acts set forth in the preceding items, the User shall be obliged to compensate the Company or the third party for such damage, and the Company may delete the User ID and suspend the provision of the Services without giving any notification to such User.

Chapter IV. Usage Fees

Article 11. Usage Fees for the Services

1. If a monthly usage fee (the “Usage Fee(s)”) is incurred for using the Services, Users may use the Services in accordance with these Terms on the condition that Users pay the Usage Fee designated by the Company.

2. The details of the Usage Fees and the payment method for the Services, etc. shall be separately designated by the Company, and shall be made public on the Website or the Services.

3. 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.

4. 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.

5. 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 12. Points

1. Users may purchase paid Points by the units and method separately designated by the Company.

2. The Company may grant free Points to Users.

3. Users may not transfer or assign any Points to another User or any third parties.

4. The Points possessed by a User will lose effect in any of the following events:

• (1) All or part of the Services have been terminated; or
• (2) The User ID has been deleted.

5. The Company will not, for any reason whatsoever, refund paid Points once they have been purchased.

6. The Company may change the contents of the Services to be paid or free by giving prior notification to Users.

7. The Company may have any third parties provide the settlement service for the purchase of paid Points by the User. If a dispute arises between the User and any third party regarding the settlement of paid Points, the User shall attempt to resolve the dispute with the third party, and the Company shall not be responsible for the dispute unless there are reasons attributable to the Company.

Chapter V. Operation

Article 13. 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 due to the Company’s negligence (excluding gross negligence) based on the application of laws, regulations or for any other reason, the amount of compensation for damages shall be limited to the lower of the monetary valuation of the damages that should have directly and normally resulted from the Company's negligence (excluding lost profits, special damages, punitive damages, indirect damages, etc.) or the total amount of money paid by the User to the Company in relation to the Service.

Article 14. 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.”) 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 10 (Prohibited Matters) or Article 18 (Prohibited Acts in Communication Tools); (iii) the User ID 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 15. Suspension or Termination of the Services

1. The Company may suspend all or part of the Services after giving prior notification to Users, in order to conduct regular inspection and maintenance of the systems, etc. for the Services.

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, labor dispute or the spread of infectious diseases;
• (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 making prior notifications or announcements to Users.

4. Even if any damage, etc. occurs to a User or third party due to the suspension or termination of the Services by the Company under the preceding three paragraphs, the Company shall bear no liability to Users, under any theory of liability whether under law, equityor otherwise .

Article 16. 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 17. Communication Tools

1. In the event that the Services contain tools that make Users available to communicate with each other, such as bulletin boards, chat rooms, or voice chat rooms (the “Communication Tools”), Users shall use the Communication Tools in compliance with these Terms.

2. Users shall agree that the contents of the messages, etc. may be deleted due to system troubles, etc.

Article 18. Prohibited Acts in Communication Tools

1. Users shall not engage in any of the following acts when using the Communication Tools:

• (1) Acts which infringe upon copyrights or any other rights of other Users, the Company or any third parties;
• (2) Acts of slander, defamation, or abuse of the Service, other Users, the Company, and any third parties;
• (3) Obscenity, invasion of privacy, disclosure of confidential information, and other acts that are offensive to public order and morals;
• (4) Disclosures of personal information, such as the phone numbers and addresses of the Users themselves or any third parties;
• (5) Election campaigns, religious activities or similar acts;
• (6) Acts of impersonating another User, any third parties, the Company or any other person or organization;
• (7) Acts which violate or threaten to violate any laws, orders, regulations, etc.;
• (8) Acts falling under any item under Article 10 (Prohibited Matters), Paragraph 1;
• (9) Other acts which the Company, at its own discretion, considers inappropriate in light of the Services; or
• (10) Introducing 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 ID, without giving any notification to such User.

Chapter VI. Attribution of Rights

Article 19. Attribution of Rights

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

Chapter VII. Others

Article 20. 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 subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.

Article 21. Governing Law

These Terms shall be governed by the laws of Japan.