Terms of Service
Article 1. Application of Terms of Service
These Terms of Service are hereby established for the smooth operation of a game application (hereinafter referred to as “the Game”) provided by Good-Feel Co., Ltd. (hereinafter referred to as “the Company”) (hereinafter collectively referred to as “the TOS”).
A user of the Game shall comply with the TOS. A user shall be deemed to have agreed to the TOS upon using the Game.
2. Revisions to the TOS
Within reason, the Company may revise the TOS, and a user shall agree to such revision. Unless otherwise specified by the Company, the revised TOS shall be displayed at an appropriate location on the Company's website. A user shall be deemed to have agreed to the latest version of the TOS upon using the Game after the revision is made.
A minor (a person under twenty years of age) may use the Game after obtaining the consent of a statutory representative (a person with parental authority or similar authority).
Use of the Game may be restricted depending on the age of a user. The subject and content of the restriction shall be separately set forth.
Article 2. Intellectual Property Rights
1. Protection of Intellectual Property Rights
The work, which include the Game as well as all text, graphics, logos, photos, icons, images, audio clips, data and software contained therein (including improved versions, modified versions and derivatives thereof), and other information and materials (hereinafter collectively referred to as “the Game Materials”) are protected by intellectual property rights including copyrights and trademark rights under the laws of Japan, and are protected under the applicable laws of the same kind in regions outside of Japan.
A user may not engage in acts related to the use, modification, reproduction, distribution, preservation, re-issue and download of the Game and the Game Materials without the Company's prior written consent.
2. Permission for Use
The Company shall authorize a user, on condition of compliance with the TOS, to use the Game and the Game Materials limited for personal use and for non-commercial purposes.
The Company holds intellectual property rights, including copyrights, in connection with the Game and the Game Materials. The Company's various rights and licenses shall not be granted to a user who uses the Company's services without the Company's prior written consent.
3. Change or Discontinuance of Permission for Use
The Company may, at any time and at its convenience, change, temporarily suspend, discontinue or prohibit access to the Game (or part thereof) by a user without notifying individually or collectively. In such a case, a user’s access to and authorization to use the Game shall be automatically terminated or temporarily suspended. The Company shall not be obligated to refund, provide benefits, or otherwise compensate for the aforementioned termination or temporary suspension.
Article 3. Code of Conduct and Prohibited Acts
Should a user’s actions fall under or is deemed likely to fall under any of the acts listed below (hereinafter referred to as the “Prohibited Acts”), the Company may immediately refuse to provide the Game to the user without any notice to or consent from the user, discontinue the user’s use mid-session, or terminate the user’s use of the Game:
(1) Acts of posting, sending or making available the following contents through the Game or in connection with the Game:
- (a) Content which intimidates, harasses or insults other users;
- (b) Content which causes damages to portrait rights, privacy rights, reputation, or other rights or interests of the Company, other users, or other third parties;
- (c) Content containing false, incomplete and inaccurate information;
- (d) Obscene, vulgar, pornographic content, or other content associated therewith;
- (e) Content which infringes on intellectual property rights including copyrights and trademarks, and any other rights of the Company, other users, or other third parties;
- (f) Content relevant to sale of alcohol, tobacco products, weapons or firearms;
- (g) Content relevant to gambling;
- (h) Materials providing information to promote or induce criminal acts or acts contrary to the public order or morality;
- (i) Content relevant to the development, provision or sale of services or systems which are similar to or compete with the Game;
- (j) Confidential information or personal information of the Company, the Company's clients, other users or other third parties; and
- (k) Other content which the Company deems socially inappropriate.
(2) Criminal acts, illegal acts, or other acts contrary to laws and regulations, public order or morality, or any act using the Game for such purposes;
(3) Acts of obstructing use by other users;
(4) Acts of analyzing or making changes to the program of the Game, or using the Game by any method other than that designated by the Company;
(5) Acts of using the Game by pretending to be the party affiliated with the Company or a third party;
(6) Acts of obtaining multiple Game IDs;
(7) Acts relevant to running a business or advertisement in the Game without obtaining the Company’s permission;
(8) Acts of exchanging rights and contents, etc. acquired or purchased in the Game with cash, goods, information, or other items having monetary value;
(9) Acts infringe on intellectual property rights including copyrights and trademark rights in connection with the Game or the materials based on the Game, or deletion of the representation thereof; and
(10) Other acts deemed inappropriate by the Company.
Article 4. Charges and Payment
1. Terms of Purchase
When purchasing in-game goods and other content, a user shall pay charges set forth by the Company by the prescribed payment method. The Company shall not, irrespective of the reasons, be obligated to refund payments already made by a user. The same shall apply to the case where the Game itself is fee-based.
3. In-Game Goods
A user may purchase in-game goods and other content provided by the Company in the Game. The in-game goods and other content may not be shared with, or assigned to other users, and may not be pooled together with in-game goods and other content held by other users. Please note that a user may not pool together in-game goods and other content granted to individual Game IDs. When switching to another device to use the Game, the in-game goods and other content should be transferred to the said device.
When a user purchases in-game goods and other content provided by the Company in the Game (the said purchase shall be hereinafter referred to as “the Transaction”), the Company may request that a user provide the name, address, phone number, sex and email address relevant to the Transaction, the name of the country and region of residence, and history of the Transaction, etc. (hereinafter collectively referred to as the “User Information, etc.”). As a result of providing the User Information, etc., the user providing the information shall be deemed to have consented to providing the User Information, etc. to third parties involved with the Transaction or the Game. It may be necessary to verify the User Information, etc. before the materialization or conclusion of the Transaction.
A user shall be duly authorized to use in-game goods and other content relevant to the Transaction, and warrants that the user complies with the terms and conditions set forth with third parties to be applicable to the use of the in-game goods and other content. Furthermore, a minor (a person under twenty years of age) shall purchase and use the in-game goods and other content after obtaining the consent of a statutory representative (a person with parental or similar authority). Such minor user agrees that he/she is responsible for the purchase or use of the in-game goods and other content thereof.
4. Nature of the Game Materials
Irrespective of what is stated in the TOS or the Game, a user shall have no right to the Game Materials. The same shall apply to the “acquisition” or “purchase” of the Game Materials in the Game. Moreover, in-game goods and other content do not indicate the stored value or the balance of goods equivalent thereto. The Company may, at any time and for its own reasons, terminate or discontinue the in-game goods and other content without notice. The Company shall not provide compensation including any and all refunds, and shall not give benefits in connection with the termination or discontinuance of the in-game goods and other content. However, this shall not apply when a user is entitled to cancel the purchase of the in-game goods and other content under the laws and regulations. Any disputes between a user and a settlement agent in connection with charges and other payments shall be settled between the parties concerned, and the Company shall not be held liable for such disputes.
Article 5. Maintenance and Management of the Game Provision Service
1. Changes in Service Content and Suspension of Service
In the following cases, the Company may, without any prior notice to or consent from a user, change the content of the service providing the Game (hereinafter referred to as “the Service”) or temporarily suspend the provision of the Service. In any event, if it is unavoidable, the Company may terminate or suspend the provision of the Service for a prolonged period of time.
(1) In the case of periodic maintenance, inspections or updates to systems, or if it is urgently needed with respect thereto;
(2) If it is necessary to take countermeasures against damage caused by computer viruses which cannot be dealt with ordinary measures;
(3) If it is difficult or impossible to provide the Service due to force majeure including fires, power outages, and natural disasters;
(4) If it is difficult or impossible to provide the Service due to sudden system failures and other failures; and
(5) Other unavoidable cases.
In the cases referred to in the preceding paragraph, the Company shall not be held liable to a user for the delayed performance, non-performance or other events.
Article 6. Services Including Bulletin Board Relevant to the Game
1. Provision of Web Page for Communication
The Company may, for the purpose of promoting communication among users, provide a web page equipped with a forum, bulletin board and a chat function as well as other forms of social media (hereinafter referred to as “the Page, etc.”). However, this shall not oblige the Company to provide the Page, etc.
Copyrights in connection with the information posted by a user on the Page, etc. shall be reserved by the user who made the said posting. Although the Company will not acquire the copyrights in connection with the said posting, the Company may freely use the information posted by a user on the Page, etc. A user shall not exercise the moral rights of author against the Company or a third party who succeeds to or is granted the right by the Company.
2. Operation of the Page, etc.
The Company may monitor the Page, etc., and delete or revise the content or posts which it finds to be in violation of the TOS or is inappropriate for the Page, etc. at its own discretion. The Company may also suspend the use of the Page, etc. by a user who made such content or posts. This shall not impose the obligation to perform and exercise the aforementioned right on the Company. Even if the Company decides not to take legal action against a violation of the TOS, this must not be construed as a waiver of the TOS or its legal rights by the Company.
For the purpose of normal operation of the Page, etc., and to protect the rights and interests of the Company, its affiliated companies, and other users of the Page, etc., the Company may, if requested by the organs of the State, local public entities or the parties entrusted by them, disclose the posts, the state of transmission thereof, identification of the person who made a posting. In such a case, the Company shall not be held liable for any damages suffered by the said person who made a posting.
On the premise that communications using the Page, etc. are to be publicly disclosed, a user shall assume the duty of due care so as not to infringe on third partie’s rights. While a user is liable for damages suffered by third parties arising from the user’s violation of the said duty of due care, the Company shall not be held liable for any such damages to third parties.
Article 7. Use of Information
1. Use of Information
2. Provision of Information to Third Parties
The Company may, for the purpose of maintenance, inspections or management of the systems, provide information pertaining to the Service including the user information (including personal information) to a third party which has concluded the Outsourcing Agreement with the Company, and a user shall consent to such provision in advance.
Article 8. Links to Third Party Advertisements
In connection with the Game and the Service, the Company may set up a link to the Company's website or a third party’s website including advertisement. However, this must not be construed as the Company’s recommendation for using the services linked. A user shall, at his/her own risk, use such linked services.
2. Content of Link Destination
Article 9. Responsibility
1. Acts not Falling under Warranty
The Company makes no warranty regarding the following items in connection with the Game:
(1) Warranties of merchantability and fitness for any particular purpose (including the fitness of the Game for needs or requests of a user or third parties);
(2) Warranties of non-infringement of rights including intellectual property rights of third parties;
(3) Warranties concerning the precision, reliability, accuracy and completeness of the Game;
(4) Warranties concerning the operation of the Game (including delays, interruptions, errors, computer viruses, defects, and negligence);
(5) Warranties concerning bugs in the Game, or computer virus infections of the Service through third parties; and
(6) Warranties concerning the storage of the user information relevant to the use of the Game.
2. User Responsibility
A user shall prepare a mobile device, personal computer, and other devices necessary for using the Game. The user shall also access the Game at his/her own risk, and bear expenses required therefore and assume responsibility for such access. Moreover, a user shall bear communication fees and other fees arising from using the Game.
A user shall not engage in acts such as letting a third party use the user’s ID and password for the Service, loaning or assigning the ID and password, changing the ownership of the ID and password, or selling the ID and password. Moreover, the user shall be responsible for managing his/her ID and password for the Service, and the Company shall not be responsible for theft, loss or unauthorized use, etc. thereof.
If a user becomes subject to a claim for damages as a result of causing damages to another user or a third party in connection with the use of the Game, the said user shall, on his/her own responsibility and at his/her own expense, settle such claim, and the Company shall not be held liable for any trouble between users.
If a user causes damages to the Company in connection with the use of the Game, the user shall promptly compensate for the damages suffered by the Company.
3. Exclusion and Limitation of Liability
The Company and the parties concerned including the officers and employees of the Company shall not be held liable for any damages due to causes including the non-fulfillment of obligations and illegal acts arising from the use of the Game by a user, except for cases caused by the Company's intentional act or gross negligence. Even if the Company is found liable for damages, the amount of such damages shall be limited to the amount which the user paid to the Company.
Article 10. Confidentiality
With regard to publicly-unknown information, the handling of which was requested in secret by the Company, which was disclosed by the Company to a user in connection with the use of the Game, a user shall keep such information in secret unless the Company gives its written consent.
Article 11. Prohibition of Assignment of Contractual Status under the Service Agreement
A user may not, unless the Company gives its prior written consent, assign or transfer to a third party, mortgage, or otherwise dispose of the contractual status under the Service Agreement, or the rights or obligations under the TOS.
Article 12. Jurisdiction and Governing Law
Any disputes arising out of or in connection with the TOS shall be brought before a district court having jurisdiction over the location of the Company’s head office as the court of first instance having exclusive jurisdiction. The TOS shall be governed by the laws of Japan.
Article 13. Severability and Construction
Even if part of the provisions of the TOS is invalidated by a third-party organization including a court, the said part shall be construed as separable from other parts, and shall not affect the validity and enforceability of the remaining parts.
- Aug. 22, 2019 Updated this terms.
- Jun. 26, 2015 Updated this terms.
- Sep. 25, 2012 Released this terms.