End User License Agreement
We are providing you with an English language version of the terms and conditions of the End User License Agreement, which was made originally in Japanese. The original Japanese version shall apply to customers who reside in Japan; while this English version shall apply to customers who reside out of Japan.
This end user license agreement (this “Agreement”) is an agreement between customers who use the Application (“You”) and ambertabby. The Application may be replaced or supplemented by an amended or renewed version which will be released and available to You, and this Agreement shall automatically apply to such amended and renewed versions (the “Application” including such amended and renewal versions).
ambertabby may amend this Agreement as needed without obtaining Your prior consent, and You shall consent thereto. Any amendment to this Agreement shall take effect once it is publicly announced on the Official Website for the Application. ambertabby shall announce any amendment to the Agreement on the Official Website for the Application for a period of time which ambertabby determines to be reasonable for a prior announcement period of this Agreement. You shall be deemed to have consented to the amendment to this Agreement by using the Application after the amendment to this Agreement.
The Application is merely licensed to You, not sold. Terms used herein may include terms defined in the Copyright Act, the Patent Act and other laws related to intellectual property rights of Japan, unless otherwise defined herein.
1. Limited License Terms and Conditions
C. Reservation of Rights. You shall acquire the right to use the Application, and Your rights shall adhere to the restrictions under this Agreement. Except for the rights specifically granted to You herein, ambertabby shall reserve all rights, titles and interests in the Application (including but not limited to all characters, storylines, images, photographs, animations, video, music, text), and all copyrights, trademarks and other intellectual property rights associated therewith. All rights not specifically granted herein shall be reserved by ambertabby.
D. Your Contributions. If expressly authorized in the Application or on the Official Website for the Application, You may provide any contributions (including any and all ideas and creations; hereinafter the same) to the Application and related goods and services. However, if such contribution provided by You using the Application gives rise to any copyright or other intellectual property rights (including the right to receive any intellectual property rights; hereinafter the same), You shall, in accordance with this Agreement, grant ambertabby, an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use Your contributions in any way and for any purpose in connection with the Application and related goods and services. This shall include the rights to copy, adapt, modify, perform, display, publish, broadcast, record, videotape, play, distribute, publicly transmit, or otherwise communicate to the public by any means, whether now known or unknown, and distribute Your contributions without any notice or compensation of any kind to You for the entire term of protection granted to intellectual property rights by applicable laws and conventions. Even when such notice or compensation is required under law, You shall expressly waive Your rights to it. You hereby waive any and all moral rights of an author and other rights with respect to ambertabby’s and other players’ use and enjoyment of Your contributions in connection with the Application and related goods and services under the law applicable to this Agreement. Such license grant to ambertabby and the above waiver of moral rights of an author and other rights shall survive even after the termination of this Agreement. Your contributions authorized under this article shall be limited to those thought, invented, devised or created solely by You, and if ambertabby receives any claim or demand from any co-idea giver, co-inventor, co-deviser or co-creator or any third party who has given an idea for, invented, devised or created such contribution, in connection with the use of and licensing of such contributions to a third party, You shall release ambertabby from liability and shall assume responsibility to resolve such claim or demand at Your expense and responsibility.
E. Access. You must provide, at Your own expense, the equipment, Internet connections, mobile devices and/or service plans in order to access and use the Application. ambertabby does not guarantee that the Application can be accessed from all wireless devices or wireless service plans or that there will be no suspension or defect in any of the services provided by wireless carriers. ambertabby does not guarantee that it is possible to use the Application in all geographic locations. You acknowledge that when using the Application, You will be charged by Your wireless carrier for data, messaging and/or other wireless access. With respect to those charges which are applicable to You, please check with Your wireless carrier. All costs incurred when accessing the Application from Your mobile device shall be borne by You.
2. Consent to Use of Data
You agree that ambertabby may collect, use, store and transmit non-personally identifiable technical and related information that identifies Your mobile device, operating system, application software and peripheral hardware in order to facilitate product support and other customer services. In addition, ambertabby may collect and store non-personally identifiable statistics regarding the use of the Application and other services related thereto (collectively, the “Services”). ambertabby may use this information in aggregate, and in a form that does not personally identify You, in order to improve its products and services, and ambertabby also may share anonymous aggregate data with its affiliates and ambertabby third party service providers.
3. In-game Advertising
The Application may include a function to display in-game advertisements, provided by a third-party, which is uploaded with new contents from time to time on Your mobile device while You are using such device online. While You are using the Application, ambertabby or such in-game advertisement provider may use information which can be logged from Your device, such as age and gender, to ensure that the appropriate advertisement is presented within the Application and to calculate the number of views such advertisement has had. Data logged from Your mobile device includes the IP address, unique device identification number, device manufacturer and model, [in-game] location, length of time an advertisement is visible for and the size of the advertisement, and Your response to the advertisement (if any). Logged data may only be disclosed to parties other than the advertisement providers and assignees permitted by ambertabby in aggregate and in a form that does not personally identify You. If You do not wish to receive such advertisements, please do not use the Application.
4. Consent to Disclosure of Data
5. ID and Password Management, etc.
In using the downloaded service of the Application, You may log in to the Application by inputting an ID and password issued to You by ambertabby or a third party designated ambertabby (hereinafter, collectively the “ID etc.”). No ID and password issued by a third party designated by ambertabby shall be kept at ambertabby. Management of the ID etc. is the sole responsibility of You. Accordingly, all use of the Services through the use of the ID etc., shall be deemed to be by You, and all usage fees and other obligations shall be borne by You. You are expressly prohibited from using the Services through the use of any ID and/or password other than the ID etc. (for example, any ID and/or password of an existing or fictional third party).
6. Usage Fees
In the case that there is a fee for use of the Application, You shall be authorized to use the Services in accordance with this Agreement conditioned upon Your payment of the usage fee set forth by ambertabby. The method of payment differs depending on the service. Other usage fees and payment procedures and methods are set forth in the Application or the Official Website for the Application.
ambertabby may amend the usage fees and billing method for the Services anytime, and such amendments shall take effect upon announcement thereof on the Official Website for the Application. ambertabby will announce the amendment to usage fees and billing method for a period which it determines as reasonable for a period for advance notice in the Application or the Official Website for the Application. You agree to periodically confirm the payment method details in the Application or the Official Website for the Application in order for You to learn of any such amendments and the details thereof without delay. In addition, usage fees paid by You in order to use the Services shall all be paid in advance, and except where otherwise expressly agreed and informed by ambertabby, usage fees may not be refunded whatsoever once paid. You shall pay all usage fees incurred in relation to the use of the Services (including fees not yet confirmed due to disputes), and shall not be entitled to reserve such payment for any reason whatsoever.
Further, You expressly acknowledge that even if the Application may not be used due to suspension of or defect in the telecommunication service and/or internet connection service which You use under contract or free of charge, the fees billed with respect to the use of the Application pursuant to the agreement with ambertabby will not be refunded.
7. Prohibited Acts
You are prohibited from conducting any act which falls under or may fall under any of the following (collectively, “Prohibited Act”) in using the Services. If ambertabby reasonably determines that You have performed a Prohibited Act, You shall be deemed to have materially breached this Agreement, and ambertabby may immediately delete the relevant part or stop You from using the Services without notification to You. If GunHo deems it necessary for the purposes of protection of rights, properties and other assets of GunHo, protection against criminal acts, protection of human life, body, properties, etc., and sound growth and protection of children, GunHo may disclose, and provide to a court, public prosecutor’s office, police, local government or other institution authorized under laws and regulations, log-in information, mobile device terminal information, the Services link-up information and other information regarding You without permission by You.
(1) Unpleasant language or conduct toward other customers, or credit damaging or defamatory language or conduct such as slander or groundless rumors regarding other customers and other third parties;
(2) Sexually suggestive language or conduct, threatening language or conduct, violent language or conduct, racially prejudiced language or conduct, discriminatory language or conduct, illegal language or conduct, vulgar language or conduct, obscene language or conduct, defamatory language or conduct, or any other unpleasant language or conduct;
(3) Impersonation of an officer or employee of ambertabby or its affiliates;
(4) Formation and action of a group (clan) that has prejudiced beliefs based on religion, race, gender, ethnic groups, human rights or any other prejudiced views, or with the goal of commercial activity, group solicitation, exchange of prohibited goods or religious activity;
(5) Any act which conflicts or may conflict with international law, constitution, laws, regulations and any other laws and ordinances;
(6) Any act which infringes or may infringe copyrights, trademark rights or any other rights of ambertabby or third parties;
(7) Falsification, deletion, unauthorized access to, impersonation of an existing or fictional party (including use of another party’s ID and password) and any similar acts with respect to the information on Official Website for the Application and the Application, or an attempt to perform any such acts;
(8) Any act which collects or may collect, or stores or may store, personal information of other customers and third parties;
(9) Any and all acts the main purpose of which GunHo deems is to engage in or induce meetings, contacts, etc. with unacquainted persons of the opposite sex;
(10) Any act for the purpose of sexual conduct or indecent acts:
(11) Any act which induces or encourages juvenile to run away from home;
(12) Any act which is determined to have an adverse affect on or be an obstacle to character formation or sound growth of minors;
(13) Any act which shows information, etc. equivalent to child pornography or child abuse, or any act which sells media in which such information is contained or any act which shows or transmits any advertisement that brings to mind the transmission, showing or sale thereof;
(14) Any act which writes things inviting children (under 18) to be an opposite sex dating partner or any act which writes things inviting adults to be an opposite sex dating partner of children;
(15) Any act against public order and morals, instigation thereof or assistance therein, or any act that may cause such act, or instigation thereof or assistance therein;
(16) Any act connected with crimes (fraud, misuse of controlled substance, child prostitution, illegal sale of financial accounts and mobile phones, etc.), or instigation thereof or assistance therein, or any act that may cause such connection, instigation or assistance;
(17) Any act connected with illegal acts (transfer of pistols or other items, manufacture of explosives, provision of child pornography, counterfeiting of official documents, murder, intimidation, betting, gambling, etc.), or instigation thereof or assistance therein, or any act that may cause such connection, instigation or assistance;
(18) Any act connected with suicide or self-injury, or instigation thereof or assistance therein, or any act that may cause such connection, instigation or assistance;
(19) Use of the Application for any purpose other than the purpose which ambertabby intends;
(20) Any and all acts which have been or may be an obstacle for ambertabby and the management side of the Services other than the acts set forth in the preceding items;
(21) Acts corresponding to each of the above items; or
(22) Other acts determined by ambertabby as prohibited acts and notified and disclosed to You.
This Agreement shall be effective until terminated. Your rights under this Agreement shall be terminated immediately and automatically without any notice from ambertabby if You fail to comply with any of the terms and conditions of this Agreement (including but not limited to the prohibited acts in the preceding article). Immediately upon termination, You must cease all use of the Application and destroy all copies of the Application in Your possession or control. Termination will not limit any of ambertabby’s other rights permitted under law or remedies by exercise of right to claim compensation for damage. The provisions of Articles 1(D) and 7 through 12 of this Agreement shall survive termination or expiration of this Agreement for any reason.
9. Disclaimer of Warranties
Unless otherwise provided by law, the Application is provided “as is,” may have any kind of fault and is used at the responsibility of You without warranty of any kind, without performance of assurances or guarantees. All risk of satisfactory quality and performance resides with You. ambertabby and its licensors (collectively referred to in this Article and Article 10 as “ambertabby etc.”) do not make, and hereby disclaim, any and all express, implied and statutory warranties, including implied warranties of condition, uninterrupted use, merchantability, satisfactory quality, fitness for a particular purpose and non infringement of third party rights of the Application, and warranties (if any) arising from a course of transaction, usage or trade practice. ambertabby etc. does not warrant against interference with Your enjoyment of the Application. For example, it does not guarantee that the Application will meet Your requirements, that the operation of the Application will be uninterrupted or error free, that the Application will be compatible or interoperate with any other application, that any errors in the Application can be corrected or that the Application will be available for reinstallation in the same or multiple telecommunication devices. Further, ambertabby etc. does not guarantee, for any reason or cause, that data created by You when using the Application (including but not limited to game points and other data) will not be lost. No oral or written advice provided by ambertabby etc. or any authorized representative or employee thereof shall create a warranty. As some jurisdictions, under the provisions of the law or the courts, do not allow the exclusion of or limitations on implied warranties or the limitations on the statutory rights of consumers, the above exclusions and limitations may not apply to You in the jurisdiction of such laws and courts where such [exclusion of or limitations on implied warranties or the limitations on the statutory rights of consumers] conflict with the such laws or judgment of the courts.
10. Limitation of Liability
To the fullest extent permitted by law, in no event shall ambertabby etc. be liable to You for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of credibility, work stoppage, device failure or malfunction or any other form of direct or indirect, special, incidental, consequential punitive damages arising out of this Agreement or the Application or any act in connection therewith, whether arising in tort (including negligence), contract, strict liability or otherwise, and whether or not ambertabby etc. has been advised of the possibility of such damage. As some jurisdictions, under the provisions of the law or the courts, do not allow a limitation of liability for death, personal injury, fraudulent misrepresentation or certain intentional or negligent acts, or violation of specific statutes or the limitation of incidental or consequential damages, the above exclusions and limitations may not apply to You in the jurisdiction of such laws and courts where such [exclusion or limitations] conflict with the such laws or judgment of the courts. In no event shall ambertabby etc.’s total liability to You for all damages (except as otherwise required by law) exceed the amount actually paid by You for the Application and in the case that the use of the Application and this Service is free of charge, ambertabby etc. shall not be liable to You for any monetary compensation.
11. Governing Law and Jurisdiction
This Agreement and the use of the Application by You shall be governed by the laws of Japan (except conflict of laws principles). You expressly agree that the Tokyo District Court shall have sole and exclusive jurisdiction over any lawsuit arising from or in connection with this Agreement and/or the use of the Application by You, and You shall raise no objections in relation thereto. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising from this Agreement.
12. Entire Agreement
Unless otherwise provided in this Agreement, this Agreement constitutes the entire agreement between You and ambertabby with respect to the Application and supersedes all prior or current understandings regarding the matters set forth in the Agreement. No failure to exercise, and no delay in exercising, by either party, any right or any authority under this Agreement shall be deemed as a waiver thereof, nor shall any single or partial exercise of any right or authority under this Agreement preclude further exercise of any other right hereunder.