Article 1 (Application of the Terms)
1. These terms and conditions (hereafter, the Terms) serve as a contract between players (hereafter, the Player) and Lifewonders, LLC (hereafter, the Company) regarding the use of this game application and all affiliated services offered to the Player by the Company (including relevant applications and services offered through networks). The agreement and consent to these Terms is a prerequisite for use of the Services, and as such, if the Terms are violated in part or in full, the Company reserves the right to refuse the Player use of the Services without prior notice.
2. The Company may make changes to the Terms as it deems necessary. Any changes to the Terms will go into effect after 24 hours of being made, and any use of the Services afterward will be considered indication of full consent of the Player to the applicable changes.
3. If you do not agree to these Terms, please close and uninstall the App and refrain from re-downloading it. Even in such an event, no funds already spent on the App will be returned to the Player.
4. In the event that the Player is of limited legal consent, as in a minor (under the age of 20), they must first obtain the explicit consent of a parent or legal guardian (hereafter, the Guardian) before using the App.
Article 2 (Device Management）
1. The Player agrees to download the App onto a Device that meets the requirements publicly displayed on the Official Site and assumes full responsibility for said Device, as well as any and all usage of the App on said Device. Any costs relating to purchases, installation, maintenance, etc. required for use of the App on the Device are the sole responsibility of the Player. The Player assumes full responsibility for any damages caused by mismanagement of the Device, misuse, or use by third parties, and no blame shall be placed on the Company for such.
2. In the event that the Player loses their device, etc., the Company takes no responsibility for any losses due to loss of in-game items, paid items as outlined below, game history (including, but not limited to, game settings and progress, hereafter Save Data), etc., and/or inconveniences or losses caused to other players resulting from loss of the Device.
Article 3 (Handling of Save Data)
1. In the event that a Player does not use the App for a consecutive 30 days or more, the Company reserves the right to delete a Player's Save Data. The player claims no ownership rights, intellectual property rights, or any real rights in regards to Save Data, and the existence of Save Data is dependent upon its compliance to these Terms.
2. The Company may, in addition to viewing a Player's Save Data, delete (in part or in full), move, or otherwise change said Save Data in case of any of the following events.
1. The App's services are terminated
2. The Player's Save Data has been determined by the Company to be involved in a breach of Terms
3. The transfer of data, by the Company or a third party in contract with the Company, to other services under their management
4. A Player's Save Data exceeds the designated data size or, for any other technological reason, it becomes difficult for the Company to preserve the Save Data
5. The Company deems it necessary for the management, control, or running of the App
6. Any other situation deemed necessary by the company
Article 4 (User ID Assignment and Accountability）
1. For identification and customer service purposes regarding the Services, the Company will assign a user ID (hereafter, ID) to each Player and/or Device onto which the App is installed. The Player assumes full responsibility for management of their ID. The Player agrees not to loan, trade, transfer, sell, or pawn their ID.
2. In the event that a password or transfer code (hereafter, Transfer Code) has been assigned to a Player for the purpose of transfer, recovery, etc., of Data, said Transfer Code must be kept safe by the Player so that it cannot be accessed by a third party. The Company assumes no responsibility for any damages incurred by the Player on account of a Transfer Code being obtained by a third party, except when due to criminal intent or gross negligence on the part of the Company.
Article 5 (Internet Use）
1. An internet connection is required while using these Services in order to connect to servers, etc. used for the operation of the Company's services.
2. The payment of fees incurred for usage of Services, including packet communication fees, data usage fees, etc., is the sole responsibility of the Player.
3. No funds already paid by the Player will be returned due to loss of or trouble with internet connection or App function, except where outlined in these Terms.
Article 6 (Acquisition, Use, and Repeal of Purchased Items）
1. Within the Company's Services, there may be tendered offers to purchase paid items (hereafter, Items) for use exclusively within the App. The Player may purchase these Items by the methods outlined separately by the Company in the App and on its official website, and said purchased Items can only be used on specific paid services within the App, as outlined by the Company.
2. If the Player is a minor, purchase and use of Items must be carried out with the permission of a Guardian, and therefore any purchase and/or use of Items will be considered as having been carried out with the prior consent of a Guardian. The Company reserves the right to place a limit on the amount of Items able to be purchased and/or held by a Player according to age. A Player may not exceed set limits on purchase or holding of items.
3. The Player agrees to abide by all additional rules and provisions set forth by such companies as designated by the Company to manage payments when purchasing Items. When Items have been purchased, the Company will issue said Items in accordance with the terms laid out at time of purchase, as well as save and store all relevant information originating from the Player's account. However, there may be cases when the transaction cannot be completed if a Player's chosen method of payment is unable to be confirmed, etc. In addition, in the event of a dispute, etc. between the Player and one of the designated companies, the Company assumes no responsibility, excluding reasons attributable to the Company, and said dispute will be settled directly between the Player and the company in charge of payment.
4. Items may not be transferred between accounts, given to a third party, loaned, or used as collateral.
5. When the content and/or quantity of any Items purchased or otherwise obtained by the Player is determined to be inaccurate, the Company may amend the error with no prior notification.
6. The Company will not exchange Items, except when explicitly stated, for any other type of Item, cash, etc., nor perform any refunds except when required by law, in which case the refund will be handled as outlined in the App or the App's official website.
8. The Player authorizes for Items gifted by the Company free of charge, when not collected within the time limit set by the Company, to be deleted at the Company's discretion.
9. When the Company has terminated a Player's account in accordance with the terms outlined in these Terms, or when the Company terminates a Player's account due to the Player uninstalling the App, Items saved to said account may be voided without the Player's explicit consent. In addition, the Company assumes no responsibility for any damages incurred by the Player due to loss of Items, except when caused by the criminal intent or gross negligence of the Company.
10. The Company may, with any period of notice deemed reasonable by the Company, announce the rescission of Items (including both its usage and issuance) on the App and/or the App's official website. Upon reaching the deadline stated in said announcement, Items will become void. The Company assumes no responsibility for any damages incurred by the Player due to loss of Items, except when caused by any criminal intent or gross negligence on the part of the Company.
Article 7 (Rights Attribution）
1. All copyright, intellectual property rights, and other rights to the images, videos, writings, programs, or information pertaining to such, tendered to the Player by the Company through the Services (hereafter, Contents), belongs to the Company or said Contents' legal rights holders from whom the Company has obtained permission of use.
2. The Company’s consent for the Player to use the Services and/or App is non-exclusive.
3. The Player may not give consent to third parties to re-use the App or any Contents obtained therein.
4. The Player will neither exercise nor apply for the registration or transfer of intellectual property rights or trademark of the App or its Contents.
Article 8 (Acquisition and Use of Information）
1. Upon the Player's use of the App, the Company may acquire personal information (as specified in the Personal Information Protection Law Article 2 Section 1) from the Player.
Article 9 (Disclaimer）
1. The Player acknowledges that the contents and/or means of delivery of the Services provided by the company may change from day to day, and that there is no guarantee as to the permanence of said Services' existence, contents, and/or means of delivery.
2. The App is provided as-is, and the Company makes no guarantee of the following items. In addition, use of the App is at the full discretion and risk of the Player.
1. The absence of issues, defects, security flaws, etc. within the App; the completeness or outcome of its Services
2. The absence of infringement onto any and all rights, including intellectual property rights of third parties, etc.
3. The integrity and preservation of save data and/or transmitted information with regards to the tendered Services
4. The App's completeness, stability, validity, credibility, usefulness, suitability to the Player's purpose or circumstances, etc.
3. The Company accepts no responsibility for any damages incurred by the Player on account of unauthorized access, computer viruses, etc., and/or acts of third parties, including maintenance by telecommunications carriers.
4. The Company accepts no responsibility in the event that a dispute should arise between the Player and third parties (including other players), regarding the use of the Services.
Article 10 (Restriction, etc., of an Account)
The Company reserves the right to restrict, suspend, or delete an account in any of the following circumstances. In addition, the Company assumes no responsibility for any damages incurred by the Player as a result of the aforementioned actions.
(i) In the event of a breach of Contract, or the likelihood of such a breach as determined by the Company
(ii) When a Player's conduct hinders or interferes with the performance of the App, regardless of Player's reason, or when determined by the Company as likely to do so
(iii) If it is discerned that a Player has had their account restricted, suspended, or deleted by the Company in the past
(iv) In any other case in which the Company determines a Player's use of the App to be inappropriate
Article 11 (Changes, Suspension, or Deletion of the App)
1. At any time and without prior notice to the Player, the Company may change the contents of the App in whole or in part, suspend service of the App, or delete the App completely.
2. The Company may, without prior notice to the Player, suspend App services temporarily or in the long-term, or terminate the App completely, for any of the following reasons."
(i) In the event that continued operation of the App becomes impossible due to natural disasters including large earthquakes, tsunamis, etc.; unforeseen circumstances such as fire and power outages; or occurrences beyond control such as war, rebellion, riots, and labor disputes.
(ii) In the event that continued operation of the App becomes impossible due to maintenance, scheduled or otherwise; congestion of network lines; provider malfunctions, etc. of systems; etc.; necessary for the operation of the App.
(iii) For any reason, other than those prescribed in the previous 2 sections, due to which the Company deems it necessary to suspend or terminate the App
3. The Company assumes no responsibility for any damages incurred to the Player through the change, suspension, or termination of the App, save for reasons attributable to the Company.
Article 12 (Prohibitions)
1. When using the App, the Player will refrain from any and all types of conduct prescribed in the following sections.
(i) Discriminatory, derogatory, or offensive conduct toward any race, gender, sexual identity, etc.
(ii) Actions in violation of legislations; regulations; the Constitution; international law, or any other law; or of these Terms
(iii) The impersonation of the Company as a corporate body, or of persons related to the Company
(iv) The declaration of false information, or the circulation or presentation of false information regarding the Company or any third party
(v) The wrongful collection, storage, or disclosure of the personal information of other Players or persons related to the Company
(vi) Infringement upon the privacy, personal, or intellectual rights of a third party, or the Company
(vii) Suicide, self-harm, criminal or illegal activity, or anything connected to such, or any action that may instigate or assist in such
(viii) The use of the App or any information obtained from the Services for commercial purposes
(ix) The sale or trade of an account or in-game items, Items, game data, etc. for money or the like, both within and outside of the App
(x) Any preparation for or consent to the sales or trades outlined in the previous section.
(xi) Improper use of the App, either alone or with the cooperation of other Players, or through the use of the actions of other players
(xii) Signal interference, or any action that places a considerable load on the servers or networks used to operate the App
(xiii) Unauthorized access, or the impersonation of another Player, such as by the use of another Player's password
(xiv) Disclosing or otherwise making available to a third party other than the Company with willful intention, information about bugs and/or malfunctions within the App
(xv) Actions that disturb the normal functioning of the App, or that may damage the reputation of the Company or the App
(xvi) Any other action determined by the Company to be improper
2. In the event that any of the conditions in the above articles are met, the Company may suspend the Player's account without prior notice, and will take no responsibility for any damages incurred through said suspension.
Article 13 (Indemnification)
1. In the event that the Player breaches any of the stipulations within the Terms, or that the Company incurs any damage on the fault of the Player, the Player will provide recompensation to the Company for all legal fees, within reason.
2. When the Player has incurred damages due to a fault of the Company, the Company will provide recompensation for the applicable damages. When it has been determined that the Company owes a Player indemnity, not including when said damages have been caused by the criminal intent or gross negligence of the Company, said recompensation shall be limited to the amount of money received by the Company from the Player during the month in which the damages occurred, and shall moreover apply only to damages incurred directly due to use of the Services (loss of profit, resulting damages, and any other indirect damages not included).
Article 14 (Transfer of Rights and Obligations)
The Player will not transfer; change the name to; or offer as collateral their standing, rights, or obligations as a Player with regard to the Contract or the Company, in part or in full, to a third party.
Article 15 (Validity and Alteration of the Terms）
1. The Company may revise the Contract at any time, announcing it at a time deemed reasonable by the Company.
2. In the event that the Contract is revised as prescribed in the previous paragraph, excluding when the Company has declared otherwise, a Player who continues using the App after the change is considered to have given their consent to the changes.
3. In the event that one portion of the Terms is rendered void by law, the remaining stipulations of the Terms will maintain their validity.
Article 16 (Governing Law and Jurisdiction）
1. These Terms are in conformance with the laws of Japan, and as such, their formation, validity, interpretation, execution, etc. are to be interpreted in the Japanese language. In addition, they are governed by Japanese law, and all points not covered by the Terms conform to all laws and ordinances adopted by Japan, including but not limited to copyright law, commercial law, and broadcasting law.
2. In the event of a dispute between the Player and the Company in regards to the use of the App, both parties shall negotiate in good faith to reach a settlement. In the event that a resolution cannot be reached by negotiation, the court of jurisdiction shall be the Tokyo Summary Court.
Enacted November 28, 2016 Lifewonders LLC