TERMS
OF SERVICE
Effective
Date: December 18, 2022
1. A few important notices—arbitration, refunds, class actions and damages
IMPORTANT NOTICE
REGARDING ARBITRATION FOR US RESIDENTS: WHEN YOU AGREE TO THIS TERMS OF SERVICE
YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU
AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE
REVIEW CAREFULLY SECTIONS 22 “DISPUTE RESOLUTION” BELOW FOR DETAILS
REGARDING ARBITRATION. THIS TERMS OF SERVICE ALSO INCLUDES A WAIVER
OF RIGHTS BY YOU TO BRING A CLASS ACTION AGAINST US AND A LIMITATION ON DAMAGES
THAT YOU CAN COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY
USING THE SERVICES, YOU AGREE TO THESE PROVISIONS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS
TERMS OF SERVICE, YOU MAY NOT INSTALL, COPY, OR USE OUR SERVICES. WE DO NOT
NORMALLY OFFER REFUNDS, EXCEPT WHERE EXPRESSLY AUTHORIZED BY US (SEE SECTION 10
FOR EXCEPTIONS), OR WHERE REFUNDS ARE REQUIRED UNDER LOCAL LAW.
OUR TERMS OF SERVICE MAY ALSO CONTAIN
COUNTRY-SPECIFIC ADDENDA THAT APPLY TO YOU BASED ON THE JURISDICTION IN WHICH
YOU RESIDE. To see additional terms applicable to you (which constitute part
of this agreement and may supersede these terms), please check the country-specific
language on the TERMS OF SERVICE website.
2. What is this document? When can I play?
You are now reading our TERMS OF SERVICE
which is a legal agreement between you and A PLUS
JAPAN Inc. (“we”,
“us”, “our”, as appropriate) regarding the Services you use from
us. “Services” mean collectively, and sometimes individually, the
following: (a) each of our Games, and (b) any websites, software or other
services we provide with or in support of the Game, whether or not they are
installed or used on a computer, console, or a mobile device. “Game”
means our game that you download and access that is subject to this TERMS OF
SERVICE, regardless of where you download and/or access it, and any
documentation, software, updates, Virtual Goods and Content (each defined
below) included in it.
We’ve tried to be
straightforward in this TERMS OF SERVICE, and if you have any questions feel free
to send us a note at support@sfduelmobile.zendesk.com (our “Support Email
Address”).
You’ll notice some capitalized terms in
this TERMS OF SERVICE. They’re called “defined terms,” and we use them so we
don’t have to repeat the same language again and again, and to make sure that
the use of these terms is consistent throughout the TERMS OF SERVICE.
We’ve included the defined terms throughout because we want it to be easy for
you to read them in context.
Some Services may be available (or only available)
through accessing (or downloading from) a third-party platform or store,
including but not limited to, Facebook, the Epic Games Store, Steam game
platform, the Google Play Store and Apple App Store (each, an “App Store”).
Your use of the Services is also governed by any applicable agreements you have
with any App Store (the “App Store Agreement(s)”). In the event of
a conflict between any other App Store Agreement(s) from which you acquire one
of our Games and this TERMS OF SERVICE with respect to your use of the
Services, this TERMS OF SERVICE will take priority.
The collection of information from you and related to the
Services (whether obtained through an App Store or not) is governed by our
Privacy Policy at December 18, 2022. Our Privacy Policy explains how we
collect, use, and disclose information that we collect from and about you.
5. Eligibility and Registration
(a) Age. To create
a Game Account (as defined below) and access some of our Services, you must be
at least the minimum age for consenting to personal data collection under the
law in your jurisdiction. If you are between the minimum age for personal data
collection and age of majority in your jurisdiction, your parent or guardian
must review this TERMS OF SERVICE and accept it on your behalf. Parents and
guardians are responsible for the acts of their children under 18 years of age
when using our Services.
We may allow a
minor under the minimum age for personal data collection to register for
certain Services with the verified consent of a parent or legal guardian. The
parent/legal guardian may be asked to provide additional documentation or
perform additional actions as part of the verification and approval process as
consistent with applicable law. We recommend that parents and guardians
familiarize themselves with parental controls on the devices they provide their
child.
(b) Account Creation. To access
parts of a Game, you may need to create an in-game account (your “Game
Account”). Your Game Account, if applicable, is separate from any account
you may have with any App Store (your “App Store Account”). You may be
able to create your Game Account using an existing account you have with us or
your email address. To the extent you create your Game Account through the use
of a third-party account (for example, your account with Facebook or Google),
we may access certain personal information that this third party provides to us
such as your email address and name to help create your Game Account. Further
information about use of third-party accounts is provided in the Privacy
Policy at December 18, 2022. Please note that you may also be
able to play the Game without creating a Game Account, but you may not be able
to access certain parts of the Game, and your Game data may be deleted if you
uninstall or otherwise delete the Game.
(c)Keep Your
Information Current. It’s important that you provide us with accurate,
complete and up-to-date information for your Game Account and you agree to update
such information to keep it that way. If you don’t, we may suspend or terminate
your Game Account. You agree that you will not disclose your Game Account
password to anyone and will notify us immediately of any unauthorized use of
your Game Account. You are responsible for all activities that occur under your
Game Account, whether or not you know about them. If you believe
that your Game Account is no longer secure, then you must immediately notify us
at our Support Email Address.
(d) No Account
Sharing. You
may not sell, resell, rent, lease, share or provide access to your Game Account
to anyone else. We reserve all available legal rights and remedies to prevent
unauthorized use of our Services, including, but not limited to, technological
barriers, IP mapping, and, in serious cases, directly contacting your Internet
Service Provider (ISP) regarding such unauthorized use.
(e) No False
Accounts. You may
not create a Game Account for anyone else or create a Game Account in a name
other than your own.
6. License and Use of the Services
(a) License Grant. So long as you
comply with this TERMS OF SERVICE and, as applicable, the App Store
Agreement(s), we grant you the following license: a personal, non-exclusive,
non-transferable, non-sublicensable limited right and license to (i) download
and install the Game on the device permitted by the App Store Agreement(s) (if
applicable), and (ii) access and use the Services, including any Content,
for your personal entertainment purposes leveraging only the functionality
of the Game and Services. We and our licensors reserve all rights not granted
to you in this TERMS OF SERVICE. “Content” means all artwork,
titles, themes, objects, characters, names, dialogue, catch phrases, stories,
animation, concepts, sounds, audio-visual effects, methods of operation,
musical compositions, Virtual Goods (defined in Section 9) and any other
content within the Services. Content also includes anything generated, created,
or that is otherwise developed within the Services by any user (including you)
as a result of interaction with the functionality of the Services. We also
grant you a limited license to make gameplay videos for certain Games,
specified on the Services provided that you agree that all such gameplay video
activity is subject to your agreement to and pursuant to our Streaming Policy
in Schedule C-1. We may, in our sole discretion, remove, edit or disable
any Content for any reason.
(b) Content You Create Outside the Services. “User Content”
means any Content that you (or other Game Account holders) create or obtain
outside the Services that you or another user makes available within the
Services. To be clear, if Content is created within the Services, it is not User
Content; only Content created or obtained from outside the
Services that a user then makes available within the Services is User Content.
By making any User Content available through the Services you hereby grant to
us the following license: a non-exclusive, transferable, worldwide,
royalty-free license, with the right to sublicense, to use, copy, modify,
create derivative works based upon, distribute, publicly display, and publicly
perform your User Content in connection with operating and providing the
Services and Content to you and to other users of the Services. Except to the
extent prohibited by law, you waive the benefit of any “moral rights” or “droit
moral” or similar rights in any country to any User Content. We may, in
our sole discretion, remove, edit or disable any User Content at any time and
for any reason, including if we determine that the User Content violates this TERMS
OF SERVICE. We do not assume any responsibility or liability for User Content,
for removing it, or not removing it or other Content. We do not pre-screen or
review any User Content and do not approve or endorse any User Content that may
be available on the Services or our other services.
(c)Service Limits
Based on Where You Live. We may restrict, modify, or limit your
access to and use of certain Content, Virtual Goods, an entire Game, or any or
all of the Services depending on the territory in which you are located. Without
limiting the foregoing, Content, Virtual Goods, entire Games, or the
Services may not be available (in whole or in part) where you
are located or may only be available in a modified version, if they do not
comply with the laws which apply in your country.
(d) Retail Purchase. We may offer codes or product keys that can be activated in a Game or used
to activate a Game on the App Store. Subject to foreign exchange control
regulations applicable in your jurisdiction, such codes or keys must be
purchased (or otherwise obtained legally) through us or one of our authorized
retailers to be valid. If you purchase such a code or key from a third party,
that third party is responsible for addressing any issues you have with these
codes or keys. Subject to applicable law, we will have no responsibility for
these codes or keys purchased from any third party or if any purchase
occurred in breach with any applicable foreign exchange control regulations.
(e) Minimum
Requirements. The Game may have minimum requirements for the devices and systems on
which you wish to play the Game. We may publish these minimum requirements on
the applicable website and/or otherwise notify you in writing. For an optimal
experience, please ensure that your devices and systems will meet these
requirements before playing the Game.
(f) Seizure Warning. The Game may
contain flashing lights, images, and other luminous stimulations which may
induce epileptic seizures in certain individuals. If you or anyone in your
household has an epileptic condition, please consult your doctor before playing
any Game. If you experience dizziness, altered vision, eye or muscle twitches,
loss of awareness, disorientation, any involuntary movement, or convulsions while
playing, please immediately discontinue playing the Game and consult your
doctor.
You agree not to do any of the following
with respect to the Services, as determined by us, as applicable:
(a) use them
commercially, for a promotional purpose, or for the benefit of any third party
or in any manner not permitted by this TERMS OF SERVICE;
(b) use, or provide,
any unauthorized third-party programs that intercept, emulate, or redirect any
communication between the Services and us or that collect information about the
Game;
(c)use, or provide
ancillary offerings to anyone, that are not offered within the Services by us
(or the functionality of the App Store), such as hosting, “leveling” services,
mirroring our servers, matchmaking, emulation, communication redirects, mods,
hacks, cheats, bots (or any other automated control), trainers and automation
programs that interact with the Services in any way, tunneling, third party
program add-ons, and any interference with online or network play;
(d) access or use
them on more than one device at a time;
(e) copy, reproduce,
distribute, display, mirror, frame or use them (or any of our other materials,
intellectual property, or proprietary information) in a way that is not
expressly authorized in this TERMS OF SERVICE;
(f) sell, rent,
lease, license, distribute, or otherwise transfer the Services, Game or any
Content, including, without limitation, Virtual Goods or Game Currency,
including participating in or operating so called “secondary markets” for
Virtual Goods, Game Currency or Content;
(g) attempt to
reverse engineer (except as otherwise permitted by applicable local law),
derive source code from, modify, adapt, translate, datamine, decompile, or
disassemble or make derivative works based upon the Services or any Content;
(h) remove, disable,
circumvent, or modify any technological measure we implement to protect them or
any of their associated intellectual property;
(i) create, develop,
distribute, or use any unauthorized software programs to gain advantage in any
online or other game modes or otherwise Cheat (as defined below);
(j) attempt to
probe, scan or test its vulnerability or breach any security or authentication
measures;
(k) access, tamper
with, or use non-public areas of the Services;
(l) trespass, or
attempt to gain access to a property or location where you do not have
permission to be or engage in any activity that may result in injury, death,
property damage, nuisance or other liability;
(m) upload, publish,
submit or transmit any User Content, create a user name or account name, or
otherwise engage in any behavior that: (i) infringes, misappropriates or
violates a third party’s patent, copyright, trademark, trade secret,
contractual rights, moral rights or other intellectual property rights, or
rights of publicity or privacy, or any other rights of third parties; (ii)
violates, or encourages any conduct that would violate any applicable law or
regulation or would give rise to civil liability; (iii) is fraudulent, false,
misleading or deceptive; (iv) is grossly harmful, racially or ethnically
objectionable, disparaging, blasphemous, libelous, defamatory, obscene,
pornographic, paedophilic, vulgar or offensive; (v) promotes
discrimination, bigotry, racism, hatred, harassment or harm against any
individual or group; (vi) is violent, bullying, or threatening or promotes
violence, money laundering or gambling, terrorism, or actions that are
threatening or disrespectful to any person or entity; (vii) harms minors in any
way; or (viii) promotes illegal or harmful activities or substances;
(n) engage in any
behavior that: (i) violates, or encourages any conduct that would violate any
applicable law or regulation or would give rise to civil liability; (ii) is
fraudulent, false, misleading or deceptive, including “trolling;” (iii) is
defamatory, obscene, pornographic, vulgar or offensive; (iv) promotes
discrimination, bigotry, racism, hatred, harassment or harm against any
individual or group; (v) is disruptive to the Game, App, its users or user
community, is violent, bullying, or threatening or promotes violence,
terrorism, or actions that are threatening or disrespectful to any person or
entity; or (vi) promotes illegal or harmful activities or substances;
(o) interfere with,
or attempt to interfere with, the access of any user, host or network,
including, without limitation, sending a virus, overloading, flooding,
spamming, or mail-bombing the Services or any of its users;
(p) collect or store
any information that could be used to identify an individual, either itself or
combined with other information, from the Services from other users of the
Services without their express permission;
(q) behave in a
manner which is detrimental to the enjoyment of the Services by other users as
intended by us, in our sole judgment, including, without limitation,
harassment, use of abusive or offensive language, game abandonment, game
sabotage, spamming, behaving in a disruptive manner, social engineering, or
scamming, or contrary to public morals or public policy;
(r)impersonate or
misrepresent your affiliation with any person or entity, or deceives or
misleads the addressee about the origin of such messages or communicates any
information which is grossly offensive or menacing in nature;
(s)use IP proxying
or other methods to disguise the place of your residence, whether to circumvent
geographical restrictions on the Services or for any other purpose;
(t)play on another
person’s Game Account to “boost” that Game Account’s status, level or rank;
(u) use the Services
in any way that would affect us adversely or reflect negatively on us or the Services
or discourage any person from using all or any portion of the features of the
Services;
(v) encourage,
promote, take part in or enable anyone else to do any of the foregoing; or
(w) violate any
applicable law or regulation.
If you encounter another user who is
violating any of these rules, please report this activity to us using the
“Report Abuse” function in the relevant Game or part of the Service, if
available, or contact us at support@sfduelmobile.zendesk.com.
We and our affiliates and licensors own
all title, ownership and intellectual property rights in the Services. You
agree not to remove, alter or obscure any copyright, trademark, service mark or
other proprietary rights notices incorporated in or accompanying the
Services. You understand and agree that you have no ownership interest in
the Services or any Games or Content therein. The Services (and
particularly our Games) may have built-in mechanisms designed to prevent
granting one user an unfair advantage over other users (these actions are “Cheating”
and the software is the “Cheat Detection Software”). We may add or
update our Cheat Detection Software periodically as we may require in our sole
discretion. The Services and/or the Cheat Detection Software may collect and
transmit details about your Game Account, gameplay, and unauthorized programs
or processes in connection with Cheating, subject to our Privacy Policy and
applicable law. In the event that we in our sole discretion conclude that you
are Cheating, you agree that we may exercise any or all of our rights under
this TERMS OF SERVICE, including termination of this TERMS OF SERVICE and your
access to our Services. In addition, if you Cheat in one Game or Service, we
may terminate your license to use all of our Games and Services.
Although we are not obligated to monitor
access to or use of the Services or to review or edit any Content, we have the
right to do so for the purpose of operating and publishing the Services, to
ensure compliance with this TERMS OF SERVICE, to protect the health or safety
of anyone that we believe may be threatened, to protect our legal rights and
remedies, to report a crime or offensive behavior, or to comply with applicable
law. We may (but don’t have to) remove or disable access to any Content, at any
time and without notice. We may (but don’t have to) investigate violations of
this TERMS OF SERVICE or conduct that affects the Services.
9. Virtual Goods and Game Currency
(a) Purchasing or
Obtaining Virtual Goods and Game Currency. Subject to applicable foreign exchange
control regulations in your jurisdiction, we may offer certain upgrades and
options within our Games that you can buy with real world currency, including,
but not limited to, in-game currency where permitted under applicable law (“Game
Currency”), character skins, mounts and vehicles, digital cards, experience
boosts, gear and other customizations for your in-Game characters, and other
such digital add-on items that may improve your Game experience in some way (“Virtual
Goods”). Except as otherwise communicated to you within the functionality
of the Game, Game Currency and Virtual Goods are not transferable from one Game
to another. You may also be able to obtain certain Virtual Goods and Game
Currency without making a purchase, such as an in-Game award. When you purchase
Game Currency, Virtual Goods, or a Game itself (each, a “Transaction”),
your purchase will be made through the functionality available through the App
Store or other platforms we make available to you. Prior to making a
Transaction, you should make sure you fully understand the agreement that
covers your Transaction, whether that agreement is an App Store Agreement or
another payment platform agreement
There may be limits to the quantity and number of times you can purchase
Virtual Goods, Game Currency, or other aspects of your Transaction. For
example, there may be a maximum amount of Game Currency you are able to hold
(in-Game) or purchase at a given time, or a maximum number of Transactions you
may make per day; these additional restrictions may be communicated to you via
the functionality of the Services. We may, from time to time, modify, amend, or
supplement our fees, billing methods and terms applicable to Game Currency,
Virtual Goods or to any purchases, and post those changes in this TERMS OF
SERVICE, in separate terms and conditions or in other terms or agreements
posted on the applicable website or as part of the Game or otherwise provided
to you by us. Except where prohibited by law in your jurisdiction, such
modifications, amendments, supplements or terms shall be effective immediately
upon posting and shall be incorporated by reference into this TERMS OF SERVICE.
If any change is unacceptable to you, you may terminate the use of your Game
Account at any time.
(b) Your License to Virtual Goods and Game Currency. Virtual Goods and Game Currency are digital
items and your use of them is governed by this TERMS OF SERVICE and the App
Store Agreement(s). VIRTUAL GOODS AND GAME CURRENCY HAVE NO MONETARY
VALUE AND CANNOT BE REDEEMED FOR CASH. VIRTUAL GOODS AND GAME CURRENCY ARE
NON-TRANSFERABLE AND NON-TRADABLE, IN WHOLE OR PART, AND ARE NOT PROVIDED FOR
INVESTMENT PURPOSES. Virtual Goods and Game Currency are licensed, not
sold. Provided you comply with the terms of this TERMS OF SERVICE and the
App Store Agreement(s), we grant you the following license: a personal,
non-exclusive, non-transferable, non-sublicensable limited right and license to
use any Virtual Goods or Game Currency you gain access to, whether purchased or
otherwise obtained, solely in connection with your use of the Game in
question and within the Game (unless we otherwise communicate to you that
you may use them in multiple Games) and for no other purpose. Unless,
expressly permitted by us in a specific Game, you may not trade any such
Virtual Good or Game Currency with others. We may cancel, revoke, or otherwise
prevent the use of Virtual Good or Game Currency if we suspect any unauthorized
or fraudulent activity, and/or to correct any erroneous application of any
Virtual Goods or Game Currency to your Account.
(c)Changes to Game Currency and Virtual Goods. Except as otherwise prohibited by
applicable law, we, in our sole discretion, may modify, substitute, replace,
suspend, cancel or eliminate any Game Currency or Virtual Goods, including your
ability to access or use Game Currency or Virtual Goods, without notice or
liability to you, such as if we need to temporarily suspend the Game to make
updates, have an emergency that requires us to disable our Services, or if we
need to ultimately shut a Game down for economic or other reasons due to a
limited number of users continuing to make use of the online Service over time.
YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST US, OUR AFFILIATES,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS (THE “COMPANY PARTIES”)
RELATING TO (A) A CLAIM THAT YOU HAVE A PROPRIETARY INTEREST IN ANY GAME
CURRENCY OR VIRTUAL GOODS; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF GAME
CURRENCY OR VIRTUAL GOODS LOST UPON (I) DELETION OR SUSPENSION OF YOUR ACCOUNT,
(II) ADJUSTMENTS TO THE GAME THAT RESULT IN THE VALUE OF VIRTUAL GOODS OR GAME
CURRENCY CHANGING, OR (III) MODIFICATION, TERMINATION OR EXPIRATION OF THIS TERMS
OF SERVICE.
Subject to applicable law (including as
described in each country-specific addendum below), or App Store policy, (i)
all Games, Virtual Goods and Game Currency remain our property, have no
monetary value and are not redeemable, refundable, or eligible for any other
alternate remedy for any “real world” money or anything of monetary value,
unless they are defective, unavailable, or do not perform in accordance with
the specifications we provide; (ii) we may revoke your license to such Games,
Virtual Goods and/or Game Currency at any time consistent with this TERMS OF
SERVICE without notice or liability to you; and (iii) except where the law in
your jurisdiction provides a right of withdrawal that cannot be waived by
contract, by purchasing and using any Games, Virtual Goods and/or Game
Currency, you hereby waive your right to withdraw from your agreement to
purchase the applicable Game, Virtual and/or Game Currency and you agree that
you will therefore not be eligible to receive a refund (or any alternative
remedy) in relation to such Game, Virtual Good and/or Game Currency.
Additionally, you hereby agree that any withdrawal right expires immediately
upon purchase and delivery of your Game, Virtual Good and/or Game Currency,
unless the law in your jurisdiction provides otherwise. This section does not
affect your statutory rights.
From time to time we may offer a beta
version of one of our Services (a “Beta”). As the name implies, Betas
are not commercial launch versions, are not guaranteed to work properly, and
may make other parts of your system not work properly as well. For the license
granted to you in Section 6 above to extend to the Beta (meaning, for
you to have permission to use the Beta), you acknowledge and agree to the
following terms in addition to the rest of this TERMS OF SERVICE:
(a) We may
automatically delete or modify the information stored on your computer related
to the Beta for any reason at any time during the duration of the Beta test;
(b) We may terminate
the Beta test at any time, which would then render your Beta unplayable or
unable to function properly. When we terminate a Beta, you must delete the
local Beta instance on your computer and all documents and materials you
received from us in connection with the Beta;
(c) Use of a Beta is
subject to confidential treatment of that Beta and all elements thereof.
"Confidential Information" means any information disclosed by us to
you, or accessed or provided by you, in relation to the Beta (including any
feedback provided and the Game itself). You agree that you will:
(i) not use any
Confidential Information other than as necessary to use the Beta in accordance
with this TERMS OF SERVICE;
(ii) maintain
Confidential Information in strict confidence and use the same degree of care
to protect it as you use to protect your own confidential information, but in
no circumstances less than reasonable care;
(iii) not disclose the
Confidential Information to any person or entity other than as permitted by us;
and
(iv) not make any
public announcements related to Beta or the Service, including publishing or
disclosing any information (e.g. screenshots and specifications) relating to
the Beta, without our prior written approval, which we may grant or withhold in
our sole discretion.
(d) Termination of a
Beta by us is not grounds for any kind of refund and your participation in a
Beta does not entitle you to any compensation or any free Services, including
any Content and Game Currency; and
If and when we
release a full (non-Beta) version of the particular Game and we may allow your
use of the Game to continue to the full version. If so allowed by us, your
continued use of the Game will no longer be subject to this Section 11 but will
still be subject to the rest of this TERMS OF SERVICE.
Where a Game is made available to you
via an App Store (whether on your mobile device or console) you acknowledge and
agree to the terms in Schedule B-1 with respect to such Game.
We welcome your feedback, comments and
suggestions for improvements to the Services (“Feedback”). You can
submit Feedback by emailing us at support@sfduelmobile.zendesk.com or via the
functionality of the Services (if available). If you provide us with any
Feedback, you hereby grant us the following license: a non-exclusive,
transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free
license, with the right to sublicense, under any and all intellectual property
rights that you own or control to use, copy, modify, create derivative works
based upon, distribute copies of, publicly perform, publicly display and
otherwise exploit the Feedback for any purpose and in any country. This license
does not lapse or expire even if we do not exercise our rights under this
license within a period of one year. If you have rights in the Feedback that
cannot be licensed to us under applicable law (such as moral and other personal
rights), you hereby waive and agree not to assert those rights. You understand
and agree that you are freely giving your Feedback, that we don’t have to use
it, and that you will not be compensated in any way for your Feedback. You
represent and warrant that you have rights in any Feedback that you provide to
us sufficient to grant us and other affected parties the rights described
above, including, without limitation, intellectual property rights or rights of
publicity or privacy.
In posting such Feedback, you warrant
that your feedback is in compliance with this TERMS OF SERVICE and you will not
use obscene or offensive language or submit any material that is, or may
potentially be, defamatory, abusive or hateful, an invasion of anyone's
privacy, harmful to other users, or in breach of any applicable
law.
We respect copyright law and expect our
users to do the same. It’s our policy to terminate in appropriate circumstances
Game Accounts of users who repeatedly infringe or are believed to be repeatedly
infringing the rights of copyright holders.
15. Third-Party Websites and Resources
The Services may contain links to
third-party websites or resources. We provide these links only as a convenience
and are not responsible for the content, products or services on or available
from those websites or resources or links displayed on such websites. You
acknowledge sole responsibility for and assume all risk arising from, your use
of any third-party websites or resources.
16. Data Charges and Mobile Devices
You are responsible for all data-related
charges that you may incur for using our Services, including, without
limitation, mobile, text-messaging, and data charges. You should understand or
ask your service provider what charges you may incur before using the Services.
We may (but don’t have to) update this TERMS
OF SERVICE at any time whenever we think there is a need. Subject to applicable
law, if we do so, you will be prompted to agree to the updated TERMS OF SERVICE
upon your next access to the Services or when the updated TERMS OF SERVICE is
otherwise communicated to you. You must agree to these updates to continue
using the Services.
We may provide patches, updates, or
upgrades to the Services that must be installed in order for you to continue to
use the Services. We may update the Services remotely without notifying you,
and you hereby consent to us applying such patches, updates, and upgrades. If
your device can prevent automatic updates, you may not be able to access the
Services until you manually update the Services yourself on your device. We may
modify, suspend, discontinue, substitute, replace, or limit your access to any
aspect of the Services at any time. Subject to applicable law, you acknowledge
that any character data, game progress, game customization or other data
related to your use of any particular Game and other elements unique to the
Services may cease to be available to you at any time without notice from us,
including, without limitation, after a patch, update, or upgrade is applied by
us. You agree that we do not have any maintenance or support obligations with
respect to the Services.
Subject to applicable law, we may change
the price of the Services, Games, Virtual Goods, Game Currency or Content, at
any time, for any reason, without notice or liability to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING
THE FOREGOING, THE COMPANY PARTIES EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND
NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE
OF TRADE. The Company Parties make no warranty that the Services will meet your
requirements or be available on an uninterrupted, secure, or error-free basis.
The Company Parties make no warranty regarding the quality, accuracy,
timeliness, truthfulness, completeness or reliability of the Services.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW THE COMPANY PARTIES WILL NOT BE LIABLE IN ANY WAY FOR ANY:
(a) LOSS OF PROFITS,
(b) LOST REVENUE,
(c)LOST SAVINGS,
(d) LOSS OF DATA, OR
(e) ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES,
ARISING OUT OF OR IN CONNECTION WITH
THIS TERMS OF SERVICE OR THE SERVICES, OR THE DELAY OR INABILITY TO USE OR LACK
OF FUNCTIONALITY OF THE SERVICES, EVEN IN THE EVENT OF ONE OF A COMPANY PARTY’S
FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT
LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF
THAT COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE
LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS TERMS
OF SERVICE OR THE SERVICES WILL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID
(IF ANY) OR ARE PAYABLE BY YOU TO US FOR THE PARTICULAR GAME OR SERVICE IN
QUESTION DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE
TO SUCH LIABILITY; OR (B) IF (A) DOES NOT APPLY, FIFTY DOLLARS ($50 USD). THESE
LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO
PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN YOU AND US.
Notwithstanding the foregoing, some countries,
states, provinces or other jurisdictions do not allow the exclusion of certain
warranties or the limitation of liability as stated above, so the above terms
may not apply to you. Instead, in such jurisdictions, the foregoing exclusions
and limitations will apply to the maximum extent permitted by the laws of such
jurisdictions. Also, you may have additional legal rights in your jurisdiction,
and nothing in this TERMS OF SERVICE will prejudice such rights that you may
have as a consumer of the Services.
You agree to indemnify (in other words,
compensate for all and any losses incurred), pay the defense costs of, and hold
the Company Parties and their employees, officers, directors, agents,
contractors, and other representatives harmless from all claims, demands,
actions, losses, liabilities, costs and expenses (including, without
limitation, attorneys’ fees, costs, and expert witnesses’ fees) that arise out
of or in any way are connected with: (a) your access to or use of the Services;
or (b) any claim that, if true, would constitute a breach by you of this TERMS
OF SERVICE. You agree to reimburse us for any payments made or loss suffered by
us, whether in a court judgment or settlement, based on any matter covered by
this Section 20.
To the fullest extent consistent with
applicable law, we may suspend, modify or terminate your access to and use of
the Services, including any Game, Virtual Goods, and Content, with no liability
or notice to you in the event that (a) we cease providing the Game to similarly
situated users generally; (b) you breach any terms of this TERMS OF SERVICE
(including the App Store Agreement(s) and our other policies specified in this TERMS
OF SERVICE); (c) the owner of the applicable App Store terminates your App
Store Account; or (d) we otherwise deem it necessary to suspend or modify your
access to and use of the Services or terminate this TERMS OF SERVICE in our
sole discretion. You may also terminate this TERMS OF SERVICE by deleting and
uninstalling the Game on any and all of your devices or by deleting your App
Store Account. A suspension or modification of your access to and use of
the Services will result in your inability to access and use some or all
features of the Services, as determined by us in our sole discretion. Upon any
termination of this TERMS OF SERVICE, the rights granted to you will
automatically terminate, you may no longer exercise any of those rights or this
TERMS OF SERVICE. Subject to applicable law, we may, in our sole
discretion, provide continued access to and use of the Services after such
termination.
Where required by applicable law,
termination of this TERMS OF SERVICE does not require a court decision to
affect termination or a notice served by a court bailiff as a prerequisite to
termination.
Except to the extent required by law,
all payments and fees are non-refundable under all circumstances, regardless of
whether or not this TERMS OF SERVICE has been terminated.
The following sections will survive
termination of this TERMS OF SERVICE: 8 (first two sentences
only), 13, 19, 20, 22 through 25, and this
sentence of Section 21.
22. Dispute Resolution and
Governing Law
These Terms and
any action related thereto will be governed by the laws of People’s Republic of
China without regard to its conflict of laws provisions. Any dispute arising
from or in connection with These Terms shall be submitted to Hong Kong
International Arbitration Center (“HKIAC”) for arbitration, which shall be
conducted in accordance with HKIAC's arbitration rules in effect at the time of
applying for arbitration. The seat of arbitration shall be Hong Kong. The
language to be used in the arbitral proceedings shall be English. The arbitral
award is final and binding upon both parties.
You may not assign or transfer this TERMS
OF SERVICE, by operation of law or otherwise, without our prior written
consent. Any attempt by you to assign or transfer this TERMS OF SERVICE,
without such consent, will be null and void. Notwithstanding the title of this
Section, we may freely assign or transfer this TERMS OF SERVICE without
restriction. Subject to the foregoing, this TERMS OF SERVICE will bind and
inure to the benefit of the parties, their successors and permitted assigns.
(a) Entire Agreement. This TERMS OF
SERVICE and any other document or information referred to in this TERMS OF
SERVICE constitutes the entire and exclusive understanding between you and us
regarding the Services and supersede any and all prior oral or written
understandings or agreements between you and us regarding the Services.
(b) Language. The original language
of this TERMS OF SERVICE is in English; any translations are provided for
reference purposes only. To the maximum extent permitted by applicable law, you
waive any right you may have under the law of your country to have this TERMS
OF SERVICE written or construed in any other language.
(c)Severability. This TERMS OF
SERVICE describes certain legal rights. You may have other rights under the
laws of your jurisdiction. This TERMS OF SERVICE does not change your rights
under the laws of your jurisdiction if the laws of your jurisdiction do not
permit it to do so. As noted above, limitations and exclusions of warranties
and remedies in this TERMS OF SERVICE may not apply to you because your
jurisdiction may not allow them in your particular circumstance. In the event
that certain provisions of this TERMS OF SERVICE are held by a court or
tribunal of competent jurisdiction to be unenforceable, those provisions will
be enforced only to the furthest extent possible under applicable law and, the
remaining terms of this TERMS OF SERVICE will remain in full force and effect.
(d) No Waiver. Your and our
actions or inactions will not create any other rights under this TERMS OF
SERVICE except as what is explicitly written within this TERMS OF SERVICE. Our
failure to enforce any right or provision of this TERMS OF SERVICE will not be
considered a waiver of such right or provision. The waiver of any such right or
provision will be effective only if in writing and signed by one of our duly
authorized representatives. Except as expressly set forth in this TERMS OF
SERVICE, the exercise by either party of any of its remedies under this TERMS
OF SERVICE will be without prejudice to its other remedies under this TERMS OF
SERVICE or otherwise.
(e) Your Status. You are
not, nor acting on behalf of anyone who is:
a. subject to
sanctions or export restrictions maintained by the United Nations, People’s
Republic of China, United States (e.g., the Specially Designated
Nationals and Blocked Persons List (“SDN List”) or the Entity List), the United
Nations Security Council, the United Kingdom (including the Consolidated List
of Financial Sanctions Targets), the European Union and any Member State
thereof (including the Consolidated List of Persons, Groups and Entities
Subject to Financial Sanctions), or any other list of restricted
persons maintained by any authority with jurisdiction over
you (any person so listed being a “Restricted Person”);
b. operating from
or located or resident in a country or territory that is the target of
comprehensive sanctions (“Embargoed Territories”).
(f) General Trade
Compliance. In connection
with your use of the Services, you will comply with all applicable export
controls and economic sanctions laws and regulations of the United Nations,
People’s Republic of China, United States, European Union, United Kingdom, and
other applicable government authorities (collectively, “Trade Laws”).
You agree not to engage in any activities in connection with the use of the
Services that would violate Trade Laws or that would risk placing us in breach
of any Trade Laws. If we have reasons to believe that you are a Restricted
Person, are in or a resident of Embargoed Territories, or otherwise engaging in
activities that violate Trade Laws or would risk placing us in breach of any
Trade Laws, we may, at our sole discretion, take any and all relevant actions,
such as requesting you to cease the conduct that violates Trade Laws, disabling
or suspending Services, terminating Services with immediate effect, or other
remedial actions.
(g) Third-Party
Rights. Except as
described in Section 12, a person who is not a party to this TERMS OF
SERVICE will have no right under to enforce any of its terms.
If you have any questions about this TERMS
OF SERVICE or have any requests for resolving issues arising from or in
connection with this TERMS OF SERVICE, we encourage you to primarily contact us
through the support features within each APLUS game, so we can reply to you
more quickly. Alternatively, you may contact:
Name of the controller: [SUSUMU TANAKA]
Address: Toranomon Hills Mori Tower 8F
1-23-1 Toranomon, Minato-ku, Tokyo Attn: Customer Service Department
email: support@sfduelmobile.zendesk.com
Schedule B-1:
App Store Terms
If you download
a Game from the App Store, then notwithstanding anything in this TERMS OF
SERVICE to the contrary, you acknowledge and agree that:
· We, and not the
App Store, are solely responsible for the Game.
· The App Store
has no obligation to provide any Game maintenance or support.
· If the Game
cannot meet its warranties (if any), you may notify the App Store and the App
Store will refund you the purchase price of the Game (if applicable) and, to
the maximum extent permitted by applicable law, the App Store will have no
other warranty obligation whatsoever with respect to the Game. Any other
claims, losses, liabilities, damages, costs or expenses attributable to any
failure to conform to any warranty will be our sole responsibility.
· The App Store is
not responsible for addressing any claims you have or any claims of any third
party relating to the Game or your possession and use of the Game, including,
without limitation: (i) product liability claims; (ii) any claim that the
Game fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation.
· In the event of
any third party claim that the Game or your possession and use of the Game
infringes that third party’s intellectual property rights, we will be solely
responsible for the investigation, defense, settlement and discharge of any
such intellectual property infringement claim to the extent required by this TERMS
OF SERVICE.
· The App Store,
and its subsidiaries, are third party beneficiaries of this TERMS OF SERVICE
and upon your acceptance of this TERMS OF SERVICE, the App Store will have the
right to enforce this TERMS OF SERVICE against you as a third-party beneficiary
thereof.
· You represent
and warrant that (i) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a
terrorist-supporting country; and (ii) you are not listed on any U.S.
Government list of prohibited or restricted parties.
· You must also
comply with all applicable third party terms of service or similar agreement
when using the Game.
Schedule C-1: Streaming Policy
Introduction.
We hope that you enjoy our games and
support your interest in producing game-play videos, whether live or recorded
(“Videos”), that share
your gaming experiences with others, using images, video, sound effects,
in-game music or other assets from our games (“Content”). Please note
however, that in most cases using our Content without our permission is illegal
and a violation of our rights. This policy helps inform you of the limited
rights we grant you to share your experience with our Content with the public
in your Videos.
Your use of our Content in Videos must
be limited to non-commercial purposes, except as expressly stated under this
Streaming Policy:
You may only use our Content in your Videos
for non-commercial uses, except as we expressly state under this Streaming
Policy. As such, you may not license your Video which leverages our Content to
any company or anyone else for a fee or other form of compensation or for any
other commercial use without first receiving our written authorization to do
so. Note that we reserve the right to use our own Videos for commercial
purposes. Further, any of your Videos that leverage our Content must contain
commentary, gameplay, or sufficient originality to make it, in our sole
discretion, educational or promotional. Examples of Videos that would NOT
qualify under this policy are clips of cut-scenes from games or recordings of a
particular game’s soundtrack (without any commentary discussing the cut-scene
or soundtrack).
We do however permit you to receive
payment based on the following two methods, provided you comply with the other
portions of this Streaming Policy:
· Monetization of
your Video that leverages our Content through advertisements served by the
platform which hosts your Video such as YouTube or Twitch (a “Platform”).
· Receiving
donations via a donation link posted on your profile or in the Video
description on a Platform.
How you may distribute your Video:
Subject to the terms of the applicable TERMS
OF SERVICE and this Streaming Policy, you may create Videos using our Content,
and you’re free to distribute such Videos on websites where viewers are
permitted to view these Videos without any charge of any kind. We understand that
some websites may offer paid services. Provide that the website that hosts
these Videos provides a free method to allow viewers to view them, you may
distribute the Videos on that website.
What you may not include in your Video
that leverages our Content:
You may not include in any Video (nor
anywhere linked near or on the same webpage as the Video) any content that is
prohibited as User Content under the TERMS OF SERVICE and the following:
· Anything that
could imply that the Video is produced by us or that we endorse you or your
Video (unless you have an endorsement relationship with us as covered by a
separate written or other agreement);
· Any information
related to cheats, hacks, exploits, bugs, or third party programs, including
links to any of the foregoing; nor
· Uses of our
Content that breach applicable law or are derogatory to us or that, in our
discretion, may damage the value, goodwill, or reputation of us, our
affiliates, our products, Content, or brands.
· Any behavior or
conduct that violates public morals and ethics.
Ratings – keep your Videos appropriate
as follows:
Your Video should match the ratings
guidelines for the game it relates to and must not in any event contain any
content that would violate the “T” rating of the Entertainment Software Rating
Board (“ESRB”) or the “16” rating of the Pan European Game Information
(“PEGI”).
Disclosure – you must identify us as the
copyright holder of our Content and disclaim our endorsement:
In any Video that leverages our Content
that you provide, you must include a prominent disclaimer (either at the
beginning of the Video or, if live-streaming, near the Video in a visible font)
as follows:
· Portions of the
content provided here, including trademarks and copyrights and any other
intellectual property rights, are owned or held by A PLUS JAPAN Inc. or its licensor(s) (“APLUS”) and
all rights in and to the same are reserved by APLUS. This content is not
official APLUS content and is not endorsed or approved by APLUS.
Some additional important information:
As solely
determined by us, we may terminate your right to host, distribute or otherwise
make available a Video that leverages our Content for business or other reasons
without notice or liability to you. In such cases, we may (but do not
have to) contact you or applicable websites or Platforms regarding terminating
such rights to any such Video.