Article 1 Applicability of Rules
［1］Rules for Playing Games
Good-Feel Co., Ltd. (hereinafter referred to as “the Company”) hereby sets forth the terms and conditions for using the application software of the games provided by the Company (hereinafter referred to as “the Games”) in order to fairly and smoothly operate the services provided by the Company. Users of the games (hereinafter referred to as “Users”) must comply with this terms and conditions (hereinafter referred to as “the Rules”) in addition to the Statement of Rights and Responsibilities of Facebook (www.Facebook.com/legal/terms ) and other relevant users' rules by Facebook (hereinafter collectively referred to as Facebook Statement). Users cannot play the Games without consenting the Rules and Facebook Statement.
The Company is not liable or responsible for Facebook Statement or conducts by Facebook, as the Company is independent from Facebook Inc.
［2］Changes of Rules
The Company may at any time change the Rules in this URL based upon rational reasons and Users must consent to such changes. Users are regarded to have given his/her consent to the latest Rules by using the Games after such changes were made.
［3］Rules for Minors
Children under 13 may not play the Games. The players of the Games are regarded to have confirmed that they are 13 years old or older by using the Games. No one should let children under 13 year old play the Games.
Minors (defined by each country’s law) must obtain consent from their legal custodians by showing the Rules before playing the Games. It is assumed that minors have obtained such consent by playing the Games.
Article 2 Intellectual Properties
［1］Protection of Intellectual Property Rights
The Games, and any and all productions, information or game materials including texts, graphics, logos, photos, icons, pictures, audio-clips, data and software as well as their modified versions, corrected versions, or derivatives in the Games, are protected by copyrights law, trademarks law, and other intellectual property law in Japan and also protected by the similar laws in each jurisdiction applicable to the areas in question. The Games and materials in the Games should not be used, modified, copied, delivered, saved, reissued, or downloaded without a prior written permission by the Company.
The Company grants Users a license to use the Games and their materials for their private, non-commercial use only by Users with a condition that they comply with the Rules.
The Company owns all the intellectual properties including copyrights law related to the games and their materials. The use of our service by Users does not grant any ownership of any rights or license to users without a prior written authorization by the Company.
［3］Change, Suspension or Termination of License
The Company may change, temporarily suspend, stop, or prohibit access by Users of the Games (or a part of the Games) at any time, without any reasons and any individual or collective notifications. In such case, the license to access or use the games will be automatically ceased or suspended. The Company will not refund, provide any benefits, or owe any other compensation, in connection with the above termination or suspension.
Articles 3 Moral Code or Prohibited Actions
The Company may immediately reject, suspend, or terminate to provide the Games for the Users when the Company determines the users’ conduct falls or may possibly fall under the following acts (hereinafter referred to as “the Prohibited Actions”) without any notification to or consent by the Users:
(1)acts that present, send or enable others to obtain following information or materials through the Games or in connection with the Games;
- (a) those that threaten, harass or insult other Users;
- (b) those that defame other Users;
- (c) those that involve false, incomplete or incorrect information;
- (d) those that associate obscene, pornographic, indecent or similar information;
- (e) those that infringe any copyrights, trademarks rights, or other IP rights of the Company or other third parties;
- (f) those that are related to sales of alcohol, cigarette goods, weapons or firearms;
- (g) those that are associated with gambling;
- (h) materials that promote or instigate criminal conducts, or actions against public order and good morals;
- (i) those that are related to develop, supply, or sell services or systems similar to or competing with the Games;
- (j) secret or private information of the Company, Company’s customers, the user, or other users;
- (k) those that the Company determines are socially inappropriate;
(2) acts that constitute crimes or torts, violate any laws or regulations, are against public order and good morals in a course of playing the Games, or acts that utilize the Game in order to do the above conducts;
(3) acts that obstruct other users’ use of the Games;
(4) acts to analyze, change, or use the Games by other methods designated by the Company;
(5) acts to use the Game by impersonating the Company’s persons or a third party;
(6) acts to sell or advertise goods without a permission by the Company on the website of the Games;
(7) acts to exchange rights, contents or other items obtained or purchased during a course of playing the Games for cash, goods, information, or other economically valuable objects;
(8) acts to infringe copyrights, trademark rights, or other IP rights of the Games or materials derived from the Games or delete credits or representations of those rights;
(9) acts that the Company determines inappropriate for a user of the Games.
Article 4 Fees and Payment Method
［1］Terms for Purchase
The Company has arranged that Users can purchase virtual currency or items in the Games by credit cards, PayPal and other payment methods. “The Virtual Currency Rules” (www.good-feel.co.jp/en/payments_terms/) and “The Facebook User Payment Terms” (https://www.facebook.com/payments_terms/) will be applied to virtual currency, and “The Facebook User Payment Terms” will be applied to purchase of the items in the Games. Users under 18 years old (in Japan, younger than 20 years old when using the Company’s games) must obtain consent by their legal custodians when purchasing the Service of the Company.
［2］Items in the Games
The Users may purchase items in the Games provided by the Company through the Games. The items in the Games cannot be jointly owned, consolidated, or transferred between Users. If an User has several IDs for the Service, it should be understood that the User cannot consolidate the virtual currency given by each ID.
If an User purchases some items in the Games through the Games (hereinafter the purchase is referred to as “the transaction”), the Company may request the user to provide information related to the transaction. This information may include other information related to Facebook. By providing such information, the user is regarded to have granted the Company a right to provide the information to a third party involved in the transaction or the Games. It may be necessary that such information must be verified upon or before completion of the transaction.
Users must have legitimate authority to use the items in the Game related to the transaction and should guarantee that he/she complies with the terms and conditions applicable to use of the items in the Games. Users agree that they are responsible and liable when a minor uses virtual currency or items in the Games owned by the Users.
［3］Nature of the Materials of the Games
Regardless of this Rules or contents written in the Games, Users do not have any rights to the materials of the Games. It is the same if they were “obtained” or “purchased” in the Games. The items in the Games do not represent preserved value or equivalent remainder. The company may, at any time, regardless of any reasons, terminate or suspend items in the Games without any notices. The Company will not return any money, give any benefits, or pay any compensation in connection with termination or suspension of the items in the Games except cases when Users can rescind the transaction based on the laws and regulations. The disputes between Users and payment agencies should be, if any, solved between the parties and the Company is totally and completely released from any liability.
Article 5 Maintenance and Operation of Service of Games
［1］Changes of Contents and Suspension of Service
The Company may from time to time, change the content of the Service related to the Games (hereinafter referred to as “the Service”) or temporarily suspend to provide the Service without any notice to or consent by Users under the following cases. In case it is inevitable, the Company may suspend the Service for a long period of time or cease to provide the Service.
(1) when periodical system maintenance, check or renewal is done or when it is urgently necessary for such works;
(2) when a special counter measure is necessary for virus damages;
(3) when it is difficult or impossible to provide the Service due to fires, blackouts, natural disasters or other force majeure;
(4) when it is difficult or impossible to provide the Service due to accidental system errors;
(5) under other inevitable situation.
Under the above circumstances in 1, the Company is not liable for users on delay or incapability of the Service or other reasons.
Article 6 Web Page Services Related to Games
［1］Providing web pages for communication
The Company may from time to time, provide web pages including forums, internet bulletin boards, chats or other functions (hereinafter referred to as “the web pages”) to facilitate communication between Users. However, it is not duty for the Company to provide such web pages.
［2］Operation of Web Pages
The Company may monitor contents or publicized materials on the web pages and may delete such contents with its discretion, or suspend use by the Users who publicized such contents the Company determines against this Rules or inappropriate (or may request Facebook to suspend such use). This does not mean the Company is required to carry out such conduct as duty. The fact that the Company determines not to take legal measures against violations of the Rules does not mean that the Company waves its legal rights or rights derived from the Rules.
The Company may disclose the publicized materials, the situation of sending such information, or the identity of the person who publicized such information by duty or a request by government in order to operate the web page normally, or protect the Company, its affiliates, or other users of the web pages. The Company is not liable for damages incurred by disclosure to such persons.
The users must understand that the communication on the web pages is public and they owe duty not to infringe third party’s rights and they become liable for damages caused by violations to a third party while the Company is not liable for such damages.
Article 7 Use of Information
［1］Use of Information
［2］Providing Information to Third Party
The Company may provide the information related to the Services including Users’ information (including private information) to a third party who has a service contract with the Company for the purpose of maintaining, checking or operating the system. Users are regarded to have approved it.
Article 8 Links to Third Party’s Advertisement
The Company may make the web pages linked to the Company’s other web pages or third party’s web pages including advertisement in connection with the Games and the Service. The Company does not recommend use of the services in the liked pages. Users are solely responsible for using such services.
［2］Contents of Liked Pages
The Company makes no representation, warranty with respect to or liable for, services, goods or other contents in the liked web pages by a third party. The Company is not liable for fees or costs incurred to Users through transactions with a third party, even if the contents may directly influence the terms and conditions of playing the Games such as cases where the items in the Games are freely given when Users use or purchase the services in the liked web pages.
Article 9 Liability
The Company makes no warranty with respect to the following matters in connection with the Games;
(1) warranty on merchantability, or adaptability for specific purposes (including the Game’s adaptability for needs or requests by the Users or a third party)
(2) warranty on non-violation of third party’s IP rights;
(3) warranty on accuracy, reliability, precision, or perfection of the Games;
(4) warranty on operation of the Games (including delay, suspension, errors, virus, defects, or inactions)
(5) warranty on program bugs in the Games, or viral infections to the Services from a third party;
(6) warranty on process of transactions, operations, or use; and
(7) warranty on storage of Users’ information in relation to use of the Games.
Users are responsible for preparing telephones, computers, or other equipment necessary to make access to and use the Games and owe such cost. Users are responsible for managing IDs for the Services and Facebook as well as passwords, and the Company is not liable for theft, loss or unfair use of IDs or passwords by a third party.
If a user receives any claims from other users or a third party in relation to use of the Games, the user should solve the matter by his/her sole responsibility and cost. The Company is not liable for troubles between users.
If a user causes damages to the Company by use of the Games, such user must swiftly make compensation for the damages suffered by the Company.
［3］Release and Limitation of Liability
The Company, its directors or officers, employees and other affiliated persons are released from liability for damages allegedly incurred by default, torts or other causes in relation to use of the Games by a User. Even if the Company may owe legal liability based on negligence or other reasons, the Company shall not be liable for any amount exceeding the consideration paid by the User to the Company.
Article 10 Jurisdiction and Governing Law
All disputes arising out of the Rules shall be submitted to the exclusive jurisdiction of Kobe District Court in Japan in the first instance. The disputes shall be governed by the laws of Japan.
Article 11 Severability
If any provision of the Rules or part thereof is held to be invalid or unenforceable by the court or other authorities, the remaining provisions hereof shall remain in full force and effect.