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Terms of Service Agreement

Effective Date: January 12, 2024
Last Updated: April 23rd, 2026

The terms of this Service Agreement (hereinafter referred to as “this Agreement”) are for the “Granblue Fantasy: Relink” games and service operated and provided by Cygames, Inc. (hereinafter referred to as “Cygames”) and includesinclude the software, patches, downloadable content, applications and other content that need to be installed when using the “Granblue Fantasy: Relink” service (together referred to as this “Service” or “the Service(s)”). Capitalized terms not defined in the text of this Agreement are defined in Article 1.

By using the Services, you (“Customer”) agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, please do not use the Services.

Article 1 Definitions
The following terms are used in this Agreement.
1. The “Customer” refers to the user of the Service(s) provided under this Agreement.
2. An “Account” refers to the Customer’s information that is on file with CygamesCygames, and it is the identifier issued by Cygames to identify the Customer.
3. The “Individual Service Agreement” refers to the terms and conditions which are presented to each Customer, in addition to this Agreement, under names such as “agreement,” “guidelines” or “policy” and to which the Customer’s use of the Service(s) is also subject.
4. “Content” refers to the content that can be used, viewedviewed, and accessed through the Service and includes text, audio, music, images, videos, software, programs, codes, Customers’ usernames, and other proprietary information.
5. “Device” means the device (including hardware and peripherals such as home video game consoles and personal computers) with which the Customer uses the Services.
6. A “Fee-based“Fee-Based Service” refers to a service or Content that requires the payment of a usage fee by the Customer.
7. “Game Items” meanmeans virtual items that may only be used exclusively within the Service.Services.

Article 2 Consent to the Agreement
1. The Customer’s use of the Service is subject to the Customer consenting to the terms and conditions of this Agreement and the Individual Service Agreement. The Customer agrees to use the Service within the scope set forth by Cygames in accordance with the terms and conditions set forth by Cygames (e.g.(e.g., age and usage environment).
2. In the event that the Customer does not consent to this Agreement or the Individual Service Agreement, the Customer shall not be entitled to use the Service, and shall immediately cease downloading, installinginstalling, or using the Service. In the event that the Customer has already installed the Service(s), the Customer shall uninstall the Service(s).
3. In the event that an Individual Service Agreement has been established in relation to the Service, the Customer shall use the Service in accordance with the provisions of the Individual Service Agreement in addition to this Agreement.
4. In the event that there is a discrepancy in the content of this Agreement and the Individual Service Agreement, the content set forth in the Individual Service Agreement shall be applied in preference.
5. THE CUSTOMER MUST BE AT LEAST AGE THIRTEEN (13) TO ACCESS OR USE THE SERVICE(S) OR CREATE AN ACCOUNT. By accessing, usingusing, and/or submitting information to or through any of the Services, you represent that you are not younger than age 13.
6. For users at least 13 years of age but under the age of majority in the country where they live: THE PARENT OR GUARDIAN MUST PROVIDE CONSENT TO THEIR CHILD’S REGISTRATION WITH OR USE OF THE SERVICES. THE PARENT OR GUARDIAN AGREES TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO SUCH CHILD’S USE OF THE SERVICES.
7. A person with parental authority for a minor accepts full responsibility for any unauthorized use of the Service(s) by that minor. A person with parental authority for a minor is responsible for any use of their credit card or other payment instrument (e.g.(e.g., PayPal) by the minor.

Article 3 Changes to the Agreements and Disclaimers
1. Cygames reserves the right to amend this Agreement and/or the Individual Service Agreement (i) in the event that Cygames considers that amendments need to be made for legal reasons including any changes in laws, (ii) due to technical necessity, (iii) in order to maintain company operations, (iv) for the benefit of the user, and/or (v) if Cygames determines for any other reason, in its sole discretion, that such amendments are required.
2. Cygames shall inform the registered Customers about the proposed amendment via its website or in-game messages, at least 30 days before the amendment is scheduled to take effect.messages.
3. The Customer is entitled to object to any amendment of this Agreement or the Individual Service Agreement until the amendment becomes effective. Once the amendment becomes effective, the objecting Customer must immediately cease downloading, installing, and using this Service. In the event the objecting Customer has already installed the Service, the Customer shall uninstall the Service.
4. If the Customer does not expressly object to an amendment of this Agreement or the Individual Service Agreement or if the Customer uses the Service(s) again after the amended terms and conditions become effective, it shall be deemed that the Customer consents to this Agreement or the Individual Service Agreement as amended.

Article 4 Handling of Personal Information
Cygames shall handle the personal information obtained from the Customer in accordance with the “Privacy Policy”,Policy,” as set forth separately by Cygames.

Article 5 Limited License of Rights (e.g.(e.g., Intellectual Property)
1. The Service(s) are provided for the Customer’s enjoyment, and unless otherwise specified, solely for the Customer’s own personal use. Cygames hereby grants the Customer a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Service(s) and any game or Content included thereunder for the Customer’s own non-commercial entertainment purposes, subject to the Customer’s complete compliance with this Agreement and the Individual Service Agreement. The Customer acknowledges that the time spent on or using the Service(s), including and without limitation on any underlying game or Content, is solely for the Customer’s personal entertainment purposes, and that no monetary value can be attributed to such time, and that, except for the license granted herein, the Customer is not entitled under the law to use or have access to the Service(s) and/or the Content.
2. Between the parties, Cygames shall own all rights and titles in and to (i) the Content, including the text, software, images, programs, trademarks, logos, and any other features of the Content that is part of the Service(s), and (ii) all code, programming, and any associated patents or proprietary rights related to the Service(s) or the underlying game. This Agreement shall not transfer any rights (e.g.(e.g., intellectual property rights) relating to the Service(s) to the Customer other than the right to access and use the Service(s) set out in Article 5(1). The Customer acknowledges that Cygames’ intellectual property contained within the Content and the Service(s) areis valid and protected in all media existing now or developed later in the future, and acknowledges that the Customer does not acquire any ownership rights in or to the intellectual property.
3. Cygames does not grant the Customer any express or implied rights or licenses in or to the Service(s) and/or the Content other than what is expressly set forth herein. Furthermore, the Customer may not modify, copy, adapt, reverse engineer, de-compile or otherwise reduce to a human perceivablehuman-perceivable format, distribute, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, the Content.
4. Cygames reserves the right to modify, amend, and update the Content and the Service(s) at any time and for any reason. The Customer agrees that Cygames will not be liable to the Customer or any third party for any such modification, suspension, or termination.
5. Cygames reserves the right to set, create, and change at its discretion the specifications, rules, design, audiovisual expressions, effects, parameters, scenarios, and all other matters in the Content and the Service(s).
6. The Content contains copyrighted material, trademarks, and other proprietary information, including videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics. The Content is subject to copyrights owned by Cygames and other individuals or entities and is protected by copyright laws.
7. The names, trademarks, service marks, and logos of Cygames belong exclusively to Cygames and are protected from reproduction, imitation, dilution, or confusing or misleading use under trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of the trademarks is expressly prohibited and nothing stated or implied in connection with the Services grants you any license or right under any patent or trademark of Cygames or any third party.

Article 6 Account and Password
1. The Customer will ensure that any username selected for yourthe Customer’s Account does not include personal information, does not infringe on any third-party rights, and is not otherwise unlawful. Cygames reserves the right to refuse to grant the Customer a username for any reason, including if it potentially impersonates someone, is vulgar, is otherwise offensive, or may cause confusion. The Customer does not own any rights to the username and Cygames reserves the right to change or delete any username, with or without prior notice to the Customer, at any time and for any reason in its sole discretion.
2. The Customer acknowledges that the Customer does not have any ownership or proprietary rights to the Account. The Customer cannot transfer, loan, or pass on any of the usage rights in this Service to a third party.
3. To create an Account, we may require or request that you provide us with certain information, including personal information. When you decide to provide Cygames with your information, you agree to: (a)
(1)
provide accurate information about yourself as prompted by the Account registration process and (b)
(2)
maintain and update your information to keep it accurate and current.
If any information provided by you is untrue, inaccurate, not current, or incomplete, Cygames has the right to terminate your access to and use of the Services.
4. Cygames shall bear no responsibility or liability for any issue that arises as a result of a defect or mistake in the information registered by the Customer when the Customer uses this Service, and the Customer releases Cygames from all liability or responsibility for any actions taken which relate to the incorrect information.Service. THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF THEIR ACCOUNT OR GAME ITEMS.
5. The Customer shall take all appropriate safety measures against the unauthorized use of the Account by any third party with reasonable care.
(1) The Customer shall in particular:
- safeguard the confidentiality of the Account’s username and password in particular when using national or international media, private correspondence, social media, or a service on the Internet; this entails among others that the Customer shall:
internet, and not communicate their username or passworddisclose such information to any third party;
• only keep, if at all, encoded and separate written records of the username and the password, and keep those separate records in places protected against the access by any third party;
• change the password at regular intervals, at least once a year;

- secure access to the hardware with which the Customer accesses the Service (i.e.(e.g., by implementing further passwords necessary to unlock the hardware, which again the Customer shall safeguard in the ways described in this Agreement);
- safeguard any credit cards or other payment instruments (e.g. Paypal) which the Customer uses to effect payment for the Services against any unauthorized use by third parties;
- in case the Customer has parental authority over a minor,
• restrict the minor’s use of the Customer’s Account and
• monitor, on a regular basis, that the minor does not use the Customer’s Account in spite of the prohibition to do so.
(2) If the Customer breaches the obligations of this Agreement, he or she shall be liable according to the statutory damage claims and other claims permitted under relevant laws and regulations.
6. Cygames shall consider any acts performed by the Customer or by a third party on the Customer’s Account as the Customer’s own acts if the third party was able to use the Customer’s Account due to the Customer’s permission or fault. The Customer acknowledges that it is the Customer’s own responsibility to ensure that the information registered by the Customer when using the Service is not used in an unauthorized manner by a third party. It is the Customer’s responsibility to resolve any issue that arises as a result of the Customer releasing their Account details to a third party, whether by using national or international media, private correspondence, social media, a service on the Internet,internet, or any other method. The Customer acknowledges that Cygames shall bear no responsibility for any such misuse.
7. As between the parties, the Customer shall bear all liability and responsibility for any acts performed in the Services through the Customer’s Account and username by the Customer or by a third party on the Customer’s Account and username as the Customer’s own acts if the Customer could have prevented the use of the Account by applying reasonable care and in particular by complying with the obligations of this Agreement.
8. If the Customer violates this Agreement and does not comply with a warning notice, Cygames reserves the right to delete or suspend the Customer’s Account and information associated with the Customer’s Account. All of the Customer’s usage rights in this Service shall cease to exist when the Account is suspended, deleted, or revoked, regardless of the reason.

Article 7 Provision of Service
1. Cygames reserves the right to change, suspend or terminate at its discretion the Service(s) and all the services provided using this Service. A complete termination of the Service(s) will be announced (e.g. by its website or in-game message) by Cygames six weeks before such termination takes effect, unless exceptional circumstances or legal requirements make such an announcement impossible.
2. If this Service is terminated under the preceding paragraph, the Customer cannot access the Customer’s Account once the Service(s) are terminated.
3. The Customer is not entitled to a refund, return, or other repayment in circumstances where there has been a cancelationcancellation by the Customer of the Fee-basedFee-Based Services other than to the extent that any such refund, return, or other repayment is required by applicable laws or regulations.
4. Notwithstanding any provision to the contrary herein, the Customer agrees that the Customer has no right or title in or to any Content, or Game Items, whether earned in the game or purchased from Cygames, or any other attributes associated with an Account or stored on the Service(s). THE CUSTOMER AGREES THAT GAME ITEMS HAVE NO CASH VALUE AND THAT CYGAMES HAS NO OBLIGATION TO EXCHANGE GAME ITEMS FOR ANYTHING OF VALUE. IF THE CUSTOMER’S ACCOUNT IS TERMINATED, OR SUSPENDED, GAME ITEMS AND THE ACCOUNT SHALL HAVE NO VALUE. Game Items may not be transferred, licensed, or sold.
5. Cygames reserves the right to charge fees for (or to provide at no charge or for promotion) the right to use Game Items.
6. To the extent that it is not inconsistent with the laws or regulations, Cygames has the right to modify or eliminate Game Items as it sees fit and in its sole discretion, and it will only be liable to the Customer for the exercise of such rights in cases of willful misconduct and gross negligence.
For residents of France, Germany, Spain, Italy, and the United Kingdom, please refer to the special provisions for such residents in Article 24.

Article 8 Advertisements
Cygames shall reserve the right to post the advertisements of Cygames or a third party in this Service at the discretion of Cygames.

Article 9 Fees and Expenses
1. The costs pertaining to the purchase, introduction, and maintenance of a Device, the communication fees (e.g. Data(e.g., data usage fees), and all other expenses necessary while using this Service shall be borne by the Customer. The Customer will pay all fees or charges incurred through itstheir Account, including applicable taxes at the time that the fee becomes payable.
2. Cygames may change the price for functions that are free or fee-based in the Services at its sole discretion. The Customer acknowledges and agrees that the Customer may be unable to use the Services in whole or in part if the Customer does not accept the new price for functions.
3. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CUSTOMER IS FULLY LIABLE FOR ALL FEES AND CHARGES INCURRED OR MADE THROUGH THE ACCOUNT AND THAT, UNLESS OTHERWISE PROVIDED FOR HEREUNDER OR UNDER APPLICABLE LAW, THERE ARE NO REFUNDS FOR FEES AND CHARGES INCURRED OR MADE THROUGH THE CUSTOMER’S ACCOUNT.

Article 10 Fee-Based Services
1. This Service provides Fee-Based Services for
this Service at its sole discretion. Cygames may not informon the PlayStation™Store operated by Sony Interactive Entertainment Inc., Sony Interactive Entertainment America, or Sony Interactive Entertainment Europe Limited (hereinafter collectively referred to as “SIE Group Companies”), Steam operated by Valve Corporation, Nintendo eShop operated by Nintendo Co., Ltd., and other platforms.
2. Fee-Based Services can only be used as long as the Service(s) are provided. After the termination of the Service(s),
the Customer if the price is to be decreased, but shall inform the Customer in advance if Cygames charges new fees for the functions which have been free before. The Customer shall be entitled to withdraw from the Agreement or, if applicable, terminate the affected Service if the Customer does not accept the new price. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CUSTOMER IS FULLY LIABLE FOR ALL FEES AND CHARGES INCURRED OR MADE THROUGH THE ACCOUNT AND THAT, UNLESS OTHERWISE PROVIDED FOR HEREUNDER OR UNDER APPLICABLE LAW, THERE ARE NO REFUNDS FOR FEES AND CHARGES INCURRED OR MADE THROUGH THE CUSTOMER’S ACCOUNT. cannot continue to use any Fee-Based Services.
3. The pricing of the Fee-Based Services shall be described before any purchase can be made. Cygames or a settlement agency (including but not limited to an intermediary platform holder) will have the right to amend or change the prices prospectively. If a price determined by Cygames or a settlement agency is amended, the amended price shall be displayed.
4. The
Customer hereby acknowledges and consents to the fact that it may no longershall not be possible toable to transfer items obtained in a Fee-Based Service to another Account or sell or transfer their Account.
5. If a minor of the age of 13 or above uses the Service, the consent of a legal representative such as a parent is necessary for all
use part orof the Service, including use of Fee-Based Services such as the purchase of items and services (including consent to this Agreement and Individual Service Agreements).
6. If a Customer who was a minor at the time of entering this Agreement or an Individual Service Agreement uses the Service after reaching adulthood, the Customer is deemed to have consented to
all of thisagreements relating to the use of the Service if the Customer does not consent to changes to pricing for functions.through the continued use of the Service.

Article 1011 Fee-based ServicesProhibitions
1. This Service provides Fee-basedThe Customer shall not commit any of the following acts in relation to the Services, regardless of whether such actions occur inside or outside the Services. In addition, the Customer is prohibited from instructing, inciting, or coercing a third party to commit such acts:
(1) Any act in violation of this Agreement, any act that infringes upon the intellectual property rights or other legally protected rights of Cygames or any third party, criminal acts and other illegal acts, and any act that is likely to constitute or that promotes any of the preceding acts.
(2) Any act that causes discomfort to third parties, such as stalking, making offensive remarks, harassment, posting Content that arouses feelings of disgust, etc.
(3) Posting information that contains nudity, pornography, excessive violence, or offensive content, or information that contains links to such content.
(4) Any act that induces or promotes suicide or drug abuse.
(5) Inducing or soliciting others to commit antisocial acts, or providing benefits to or cooperating with antisocial forces.
(6) Political or religious activities, or soliciting people to join political or religious organizations.
(7) Acquiring, disclosing, falsifying, or leaking (or committing acts that may result in the acquisition, disclosure, falsification, or leak of) information that can identify specific individuals (e.g., names, titles, telephone numbers, email addresses, addresses, location information, etc.), or the non-public information, trade secrets, or confidential information of companies, organizations, etc., without the permission of the rights holder or the person, company, or group to which the information relates.
(8) Claiming to be, hinting to be, or otherwise impersonating Cygames, an affiliate company or a related person of Cygames, or a third party; or otherwise registering or posting false information.
(9) Any act intended to make a profit without the permission of Cygames (including the act of soliciting transactions similar to pyramid schemes, etc.)
(10) The unauthorized acquisition of various Content provided by Cygames through the
Services (including, but not limited to, Content provided in the Fee-Based Services; hereinafter referred to as “In-Service Content”) or any other rights or benefits available to users in the Services in whole or in part, whether for free or for consideration; or disposing of such contents and rights etc. by transferring them to a third party, etc. (other than in the manner approved by Cygames); or any act that promotes such acts.
(11) Trading Accounts, In-Service Content, etc. for profit with real-world money, goods, services, or other economic benefits (so-called “real-money trading”), as well as performing any preparatory acts, including inducing another to trade, making offers to trade, or accepting offers to trade.
(12) Soliciting or inviting, while within the Services, users to use other services (except as approved by Cygames).
(13) Providing links with the intention of promoting an act that is prohibited under
this Service on the PlayStation™Store operatedparagraph with the knowledge that such act falls under any of the items listed in this paragraph.
(14) Disassembling, decompiling, or reverse engineering the Services; or any act that Cygames deems hinders or may hinder related data (including rights notices), servers, and network systems, such as operating, modifying, acquiring, distributing, publishing, damaging, removing, or gaining unauthorized access to related data (including rights notices), servers, and network systems.
(15) Replicating, transmitting, transferring, renting, translating, adapting, or altering the Services, or combining the Services with other software.
(16) Using, creating, distributing, or selling technical means such as external tools and bots, or modified devices, which are not provided
by Sony Interactive Entertainment Inc., Sony Interactive Entertainment America, or Sony Interactive Entertainment Europe Limited (hereinafter collectively referred to as “SIE Group Companies”), Steam operatedCygames and that affect the Services; or any act of using these to manipulate the Services without the permission of Cygames.
(17) Intentionally inducing or utilizing malfunctions of the Services, or using the Services for purposes not intended
by Valve Corporation, andCygames.
(18) Using the Account of another Customer, holding multiple Accounts, or sharing an Account between multiple people without the permission of Cygames; or transferring to a third party or allowing a third party to use an Account, In-Service Content, or part or all of the rights and benefits available to the Customer in the Services in exchange for cash or
other platforms.assets without the permission of Cygames.
(19) Making unreasonable inquiries or requests to Cygames (e.g., unnecessarily repeating a question or similar questions).
(20) Facilitating the raising of a ranking of a user or the acquisition of prizes in the Services by intentionally disconnecting the network during online play or repeatedly losing to certain other users.
(21) Any other act that Cygames deems interferes with, hinders, or damages, or may interfere with, hinder, or damage Cygames’ operation of the Services or another Customer’s use of the Services.

2. Fee-basedCygames shall reserve the right to take the following measures if Cygames has confirmed that the Customer has committed or is likely to commit an act that corresponds to a prohibited act, or if Cygames determines the Customer’s use of the Services can onlyare inappropriate, or if the Customer admits to committing a prohibited act:
(1) Request the Customer to stop the prohibited act and not repeat said act.
(2) Revoke items or similar things acquired by the Customer and take other punitive measures in the Services.
(3) Suspend the Customer’s use of the Services in whole or in part.
(4) Suspend or delete the Customer’s Account.
(5) Revoke the rights obtained through prohibited acts.
(6) Disclose inside and outside the Services the relevant facts of the prohibited acts, including making a report to the police or another public agency in the case that the prohibited act may constitute a criminal case, administrative case, or other case.
(7) Take other measures that Cygames deems to
be used as long as the Service(s) are provided. After the termination of the Service(s), the Customer cannot continue to use any Fee-based Services.necessary and appropriate.
3. The pricing of the Fee-basedCygames shall reserve the right not to provide Cygames services, including the Services (including refusal to provide services and deletion of registered accounts for other services), to a Customer whose Account has been deleted under item (4) of the preceding paragraph. Cygames may store personal information etc. to the extent necessary to take such measures.

Article 12 Limitations of the Services
1. Cygames
shall not bear responsibility in the event that the Services are unavailable temporarily or for an extended period, or the Services themselves are suspended or terminated, due to the following causes:
(1) Natural disaster such as an earthquake, tsunami, typhoon, thunder, heavy rain, flood, etc., or force majeure events such as war, terrorism, revolution, labor disputes, etc.;
(2) Temporary or large-scale maintenance of systems or other equipment necessary for the operation of the Services;
(3) Congestion on the network line or a problem with the network provider, etc.; or
(4) Other disruptions that affect the operation of the Services.
2. Cygames shall not bear responsibility for any damage incurred by the Customer due to the actions of third parties, such as unauthorized access to the Services, computer viruses, etc.
3. Cygames shall not bear responsibility for damages (including but not limited to indirect, incidental, special, or exemplary damages; damages for loss of business, loss of data, or lost profits; or damages for wrongful death/personal injury) incurred by the Customer in connection with the Services, including those resulting from the termination or modification of the provision of the Services by Cygames. And in any case, the maximum liability of Cygames for all damage, loss, and causes of action shall
be described before any purchase can be made. The price for the desired Fee-based Services will be shownthe total amount paid by the Customer to Cygames in Euros, US dollars, or in another currency applicable to the Customer’s region. Cygames or a settlement agency (including but not limited to an intermediary platform holder) will have the right to amend or change the prices prospectively. If a price determined by Cygames or a settlement agency is amended, the amended price shall be displayed.the preceding six (6) months.
4. CustomersCygames does not guarantee the safety, legality, etc. of third-party websites that can purchase Fee-basedbe accessed via links from the Services, or of products and services provided by third parties in relation to the use of the Services. Cygames is not responsible for any problems, promises, guarantees, etc. between the Customer and advertisers of advertisements placed on the Services, or for any losses or damage incurred by the Customer as a result.
5. Cygames shall not bear responsibility for damage incurred as a result of the Customer applying alterations, modifications, technical characteristics, etc. to the hardware or software of any devices and then not being able to properly use the Services. In addition, Cygames shall not take any action in this situation, such as restoring the Customer’s use of the Services.
6. Cygames does not guarantee the permanence of the information that the Customer has registered for the
Services and shall not bear responsibility for any damage incurred by selecting the desired Fee-basedthe Customer due to the Customer personally losing or forgetting registered information. In addition, Cygames shall bear no obligation to take any action in this situation, such as restoring the Customer’s use of the Services. The same shall also apply in the event that the Customer loses any registered information due to unauthorized use, loss, theft, failure, or any other reason in regard to the device used for the Services.
7. Cygames shall bear no obligation to respond to or take any action in response to any inquiries, ideas for improvement, or other suggestions or feedback from the Customer pertaining to the
Services, selecting the desired payment method, and press the relevant button to confirmetc. Any such response or action shall be at Cygames’ own discretion.
8. Cygames shall bear no obligation to repair bugs etc. in the Services or to reform or improve the Services.
9. The Customer shall use the Services at the Customer’s own risk and discretion. Cygames’ services and the Content are provided “as is” and without any guarantee as to the accuracy, completeness, correctness, validity, applicability, utility, or availability of the Services, either express or implied. Cygames does not guarantee the availability or accessibility of the Services at any time or place chosen by the Customer, or compatibility of the Services with the Customer’s intended use or the device used by the Customer (including devices recommended or presented as recommended devices or recommended user environments within the Services).
10. Cygames does not guarantee that the registered information etc. from the Customer’s previous device will be transferred to the new device when the Customer replaces the device used to access the Services with a new device due to repair or model change, etc., except in cases where Cygames specifically specifies otherwise. The same shall also apply in the event the Customer has deleted the app or Account information from
their intention to purchase the Fee-based Service, and which concludes the purchasing process.device, and to the transfer of registered information etc. when using the Services again.
11. No communication of any kind between the Customer and Cygames constitutes a waiver of any limitations of liability hereunder or creates any additional warranty not expressly stated in this Agreement.
12. The contents stipulated in this article shall be effective to the maximum extent permitted by applicable law.

Article 13 Termination
1. If the Customer withdraws from the Services, all outstanding obligations owed by the Customer to Cygames at that time shall be fulfilled immediately by the Customer.
2. The Customer agrees that the Customer will lose any Content remaining at the time the Customer withdraws from the Services, such as Game Items, at the time of such withdrawal.
3. If Cygames terminates the Customer’s access to the Services and use of the Customer’s Account, Cygames will have no liability to the Customer for any time spent by the Customer or for any Game Items acquired by the Customer.
4. Cygames shall bear no obligation to retain any information (e.g., personal information) of a Customer who has withdrawn from the Services.

5. The payment options may vary according toprovisions of the preceding four paragraphs shall also apply in the case that Cygames has taken measures to delete the Customer’s region and the technical feasibility of the payment options availableaccount as specified in the market.
6. The money will be collected via the respective platform as specified at the point of purchase.
7. Statutory interest shall accrue in instances of default.
8. The Customer shall not be able to transfer items obtained in a Fee-based Services to another Account or sell or transfer their Account.
9. If a minor uses such Fee-Based Service(s) under the Account of an adult, valid power of representation and the consent of such adult shall be required in order for the minor to use the Service(s) (including their consent to this Agreement, to the paragraphs in this article, and to the Individual Service Agreement) and only they shall be the contractual party of Cygames, bound by this Agreement.
10. If a minor of the age of 13 or above uses the Service, the consent of a legal representative such as a parent is necessary for all use of the Service, including use of Fee-based Services such as purchase of items and services (including consent to this Agreement and Individual Service Agreements).
11. If a Customer who was a minor at the time of entering this Agreement or an Individual Service Agreement uses the Service after reaching adulthood, the Customer is deemed to have consented to all agreements relating to the use of the Service through the continued use of the Service.

Article 11 Prohibitions
1. The Customer shall not commit any of the following acts in the Service. In addition, the Customer is prohibited from instructing, instigating, or coercing a third party to commit such acts.
(1) Using the Service(s) in a manner that violates this Agreement or violates any applicable law or regulation.
(2) Committing fraud (including computer fraud), obstructing business, intentionally interfering with the Service(s) or fair play, committing unauthorized access, bullying, distributing pornographic or inappropriate images, committing other illegal acts, and acts that lead, or may lead, to a violation of the law.
(3) Infringing on the ownership rights and other property rights, including but not limited to the copyright, publicity rights, other intellectual property rights, image rights, and other personal rights of Cygames or a third party.
(4) Making discriminatory, slanderous, libelous (or otherwise defamatory), or offensive statements.
(5) Posting, writing, or uploading any content that includes expressions or content which harass, degrade, or abuse a third party, or which is otherwise inappropriate to a third party.
(6) Posting, writing, or uploading violent or grotesque content, such as violent or grotesque photographs.
(7) Stalking, relentlessly pursuing, sending large volumes of messages, or other similar acts contrary to the will of other Customers in a manner which can harass or intimidate them.
(8) Posting links to adult sites, dating sites, and similar sites, and attempting to induce encounters with other people.
(9) Acquiring, disclosing, falsifying, or leaking (or committing acts that may result in the acquisition, disclosure, falsification, or leak of) information that can identify individuals (e.g. names, titles, telephone numbers, e-mail addresses, and addresses), non-public information, trade secrets, or confidential information without the permission of the rights holder or the person, company, or group to which the information relates.
(10) Impersonating Cygames or a third party, and registering or posting false information.
(11) Committing unauthorized access or acts with the intent of misleading Cygames or a third party.
(12) Advertising, announcing, soliciting for, and carrying out transactions in pyramid schemes, multi-level marketing systems, network businesses, and other transactions similar to a chain structure related to the Service(s) or Content.
(13) Committing acts which relate to the Service(s) or Content and are intended to make a profit without the consent of Cygames.
(14) Trading the Game Items, and similar things for profit with real-world cash, property, or other assets (so-called “real money trade”), as well as performing any preparatory acts, including inducing another to trade, making offers to trade, or accepting offers to trade, regardless of whether such actions occur inside or outside this Service.
(15) Acquiring in an unauthorized manner the various contents provided by Cygames through this Service (including, but not limited to, contents and items provided in the Fee-based Services), hereinafter referred to as “In-service Content”, or committing acts that facilitate the unauthorized acquisition of In-service Content.
(16) Transferring to a third party or allowing a third party to use an Account, In-service Content, or part or all of the rights and benefits available to the Customer in this Service in exchange for cash or other assets, and advertising, announcing, or soliciting such exchanges.
(17) Inducing others to commit suicide or hurt themselves.
(18) Inducing others to commit antisocial behaviors.
(19) Providing links with the intention of promoting an act which is prohibited under this paragraph.
(20) Facilitating the raising of a ranking of a user or acquiring prizes in the Service by intentionally disconnecting the network during online play or repeatedly losing to certain other users.
(21) Committing other acts which may be judged to be inappropriate by Cygames.
2. The Customer shall not commit any of the following acts, or similar acts, which may hinder or disturb the operation of the Service, regardless of whether such acts are committed inside or outside of the Service. In addition, the Customer is prohibited from instructing, instigating, or coercing a third party to commit such acts. They are prohibited from doing the following, inter alia:
(1) Attempting to use (in a manner that is not authorized), operate, or change the data in the System.
(2) Using the Service(s) in a manner that (i) overburdens the System, (ii) sends anything that contains a virus or other code intended to do harm, (iii) uses a bot or script to scrape the Service(s) or Content, (iv) uses any game cheat or hack, or (v) uses other technical measures not provided by Cygames.
(3) Replicating, transmitting, transferring, renting, translating, adapting, or altering the Service or combining the Service with other software.
(4) Deleting or changing the copyright notices attached to this Service or other rights notices.
(5) Framing or mirroring any part of the Services without Cygames’ written permission.
(6) Using, creating, distributing, or selling external tools that have an impact on this Service.
(7) Transmitting identical or similar messages to a large number of Customers or transmitting messages to any individual Customer multiple times (unless permitted by Cygames).
(8) Exchanging the right to use the Service(s), or any Content, or any of the rights contained in the Service(s) (or Content) for cash, property, labor, or other economic benefit or transferring, sublicensing, or otherwise disposing of such rights (except in a manner which is permitted by Cygames).
(9) Committing acts that interfere with the System used as part of this Service.
(10) Using the Account of another Customer.
(11) Claiming to be, hinting to be, or suggesting to be in affiliation with or otherwise impersonating an affiliation with Cygames, an affiliate company, or a related person.
(12) Sharing an Account between multiple people without the consent of Cygames.
(13) Accessing this Service with a Device that has been modified (e.g. rooted or jailbroken).
(14) Altering, damaging, disassembling, decompiling, or reverse engineering this Service.
(15) Making unreasonable inquiries or requests to Cygames (e.g. unnecessarily repeating a question or similar questions).
(16) Intentionally utilizing malfunctions or bugs of this Service.
(17) Intentionally inducing malfunctions or bugs of this Service.
(18) Using this Service for purposes not intended by Cygames.
(19) Committing any other equivalent or similar act that interferes with, hinders, or damages, or may interfere with, hinder, or damage the operation of this Service by Cygames or the use of this Service by another Customer.
3. If Cygames suspects that (i) the Customer has committed, or may commit, a prohibited act, (ii) the Customer admits to committing a prohibited act, or (iii) Cygames determines the Customer’s use of this Service is inappropriate, Cygames, in its sole discretion, shall reserve the right to take the following measures.
(1) Requesting that the Customer stops the prohibited act and does not undertake any similar acts.
(2) Revoking items or similar things acquired by the Customer and taking other punitive measures in this Service.
(3) Stopping part or all of the Customer’s use of the Service.
(4) Stopping or deleting the Customer’s Account.
(5) Revoking the rights obtained through prohibited acts.
(6) Disclosing inside and outside the Service the relevant facts of the prohibited acts, including making a report to the police or another public agency in a criminal case, administrative case, or other case that may correspond to this.
(7) Taking other equivalent measures determined by Cygames to be necessary and appropriate.
4. Cygames shall reserve the right not to provide services, including the Service, to a Customer whose Account has been deleted under the preceding paragraph 3. Cygames may store personal information to the extent necessary to take such measures.

Article 12 Limitations of the Services
1. The Services and any information and materials provided on or through the Service(s), including without limitation, Game Items, Content, and any other data, text, pictures, graphics, audio, video, icons, games, software, and upgrades for use in games or on or through the Service(s) ARE PROVIDED ”AS IS”. The Customer shall use the Service under the Customer’s own responsibility and judgment. Cygames provides no guarantees in regards to the precision, completeness, accuracy, validity, applicability, usefulness, or availability of the Service, as further detailed in this Article and Article 13. Moreover, Cygames shall provide no guarantees in regards to the suitability of the Service for use by the Customer or on the Device used by the Customer (including recommended Devices and Devices indicated as having the recommended environment within the Service).
2. Cygames provides no guarantee that it will be possible for the Customer to access or use the Service at the time or place of the Customer’s choosing or that the Service shall be without interruption or error.
3. Cygames provides no guarantees in regards to the legality, integrity, safety, accuracy, or compliance with public morals of any third-party website that can be accessed through a link from the Service.
4. Cygames provides no guarantees in regards to products and services other than the Service provided by a third party that is provided in relation to the use of the Service.

Article 13 Disclaimers of Warranties & Limitation of Liability
1. CYGAMES’ SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CYGAMES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. CYGAMES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS DO NOT WARRANT THAT THE CUSTOMER’S USE OF THE SERVICES AND THE CONTENT, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES, WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO OPINION, ADVICE, OR STATEMENT OF CYGAMES OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE IN ASSOCIATION WITH THE SERVICES OR CONTENT, SHALL CREATE ANY WARRANTY.
2. CYGAMES SHALL NOT, UNDER ANY CIRCUMSTANCES, PROVIDE A RETURN OR REFUND FOR THE CONVENIENCE OF THE CUSTOMER OF MONEY THAT HAS BEEN PAID BY THE CUSTOMER OTHER THAN TO THE EXTENT THAT SUCH A RETURN OR REFUND IS REQUIRED BY APPLICABLE LAW/REGULATIONS.
3. CYGAMES SHALL NOT, UNDER ANY CIRCUMSTANCES, BEAR RESPONSIBILITY FOR DAMAGES IN REGARDS TO ANY DAMAGE SUFFERED AS A RESULT OF THE CUSTOMER APPLYING ALTERATIONS, MODIFICATIONS, OR TECHNICAL CHARACTERISTICS TO THE HARDWARE OR SOFTWARE OF ANY DEVICES AND THEN NOT BEING ABLE TO PROPERLY USE THIS SERVICE. IN ADDITION, CYGAMES SHALL HAVE NO RESPONSIBILITY TO PROVIDE ANY HELP OR ASSISTANCE TO REINSTATE THE USE OF THIS SERVICE IN SUCH AN EVENT.
4. CYGAMES SHALL NOT, UNDER ANY CIRCUMSTANCES, BEAR RESPONSIBILITY FOR ANY DAMAGES SUFFERED AS A RESULT OF THE CUSTOMER PERSONALLY LOSING OR FORGETTING REGISTERED INFORMATION. IN ADDITION, CYGAMES SHALL PROVIDE ABSOLUTELY NO HELP TO REINSTATE THE USE OF THIS SERVICE IN SUCH AN EVENT. THE SAME SHALL ALSO APPLY IN THE EVENT THE CUSTOMER LOSES ANY REGISTERED INFORMATION DUE TO UNAUTHORIZED USE, LOSS, THEFT, FAILURE, OR ANY OTHER REASON IN REGARDS TO THE DEVICE USED IN THIS SERVICE. CYGAMES SHALL RESPOND TO INQUIRIES, IDEAS FOR IMPROVEMENT, OTHER SUGGESTIONS AND FEEDBACK FROM THE CUSTOMER PERTAINING TO THIS SERVICE UNDER ITS OWN DISCRETION AND JUDGMENT WITHOUT OBLIGATION TO PROVIDE A REPLY OR ANY KIND OF SUPPORT. CYGAMES MAY PROVIDE SUPPORT TO THE CONTENT OF INQUIRIES, IDEAS, SUGGESTIONS, FEEDBACK, AND SIMILAR FROM THE CUSTOMER. HOWEVER, THIS SHALL NOT BE INTERPRETED AS AN OBLIGATION TO PROVIDE INDIVIDUAL ANSWERS, REPORTS, OR FINANCIAL COMPENSATION TO THE CUSTOMER.
5. CYGAMES SHALL NOT, UNDER ANY CIRCUMSTANCES, BEAR RESPONSIBILITY TO REPAIR BUGS OR SIMILAR IN THIS SERVICE AND SHALL BEAR NO OBLIGATION TO REFORM OR IMPROVE THIS SERVICE.
6. CYGAMES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES; DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS; OR DAMAGES FOR WRONGFUL DEATH/PERSONAL INJURY) RESULTING FROM A CUSTOMER’S USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CYGAMES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CYGAMES IS TO DISCONTINUE YOUR USE OF THE SERVICES. UNDER ANY CIRCUMSTANCES, THE MAXIMUM LIABILITY TO CYGAMES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY THE CUSTOMER TO CYGAMES IN THE PRECEDING TWELVE (12) MONTHS.
7. NO COMMUNICATION OF ANY KIND BETWEEN THE CUSTOMER AND CYGAMES CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
11(2), item (4).

Article 14 Termination
1.
Indemnity
The Customer agrees to reimburse
Cygames for all damages resulting from the violation of this Agreement. The Customer releases Cygames from any third-party claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) that third parties may revokeincur as a result of or arising from the Customer’s license and terminate the Customer’s access to and use of the Service(s) and the Account forviolation of (i) this Agreement; (ii) any violation of this Agreement and may delete the Customer’s Account, and any Game Items associated therewith. If Cygames revokes the Customer’s license and terminates the Customer’s access to and use of the Service(s) and the Account, Cygames will not have any liability to the Customer for any time spent by the Customer or for any Game Items acquired by the Customer. If the Customer terminates the Service, all outstanding financial obligations owed by the Customer to Cygames shall be fulfilled immediately by the Customer. If the Customer dies, the Account will be terminated.
2. Cygames shall bear no obligation to retain any information (e.g. personal information) of
law or regulation; or (iii) a Customer or Account if the Customer’s Account has been terminated.third party’s proprietary or intellectual property right.

Article 15 Indemnity
The Customer agrees to reimburse Cygames for all damages resulting from the violation of
Prohibition on the Transfer of Rights and Obligations
You shall not resell or assign your rights, duties, or obligations under
this Agreement. The Customer releases Cygames fromAgreement, and any third-party claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) thatattempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by Cygames, in our sole discretion, to a third parties may incur as a result of or arising from the Customer’s violation of (i) this Agreement; (ii) any law or regulation; or (iii) a third party’s proprietary or intellectual property right.party, and such an assignment will inure to the benefit of our successors, assigns, and/or licensees.

Article 16 Prohibition on the Transfer of Rights and Obligations
You shall not resell or assign your rights, duties, or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by Cygames, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns, and/or licensees. Without limiting the foregoing, we may sell, transfer or otherwise share some or all of our assets with any parent company, subsidiary, joint venture, and any company under our common control, as well as with a potential acquirer, lender, or investor, including in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy.

Article 17
PlayStation® Supplemental Terms
This Article is supplementary to, and incorporated into as a part of, the terms of this Agreement for the Customer who uses the Service in products or services provided by SIE Group Companies. As for item (5) and item (6) of this Article, item (5) shall be applied if the Customer is a resident of Sony Interactive Entertainment America’s service territory, and item (6) shall be applied if the Customer is a resident of Sony Interactive Entertainment Network Europe Limited’s service territory. In addition, the provisions of each of the following items shall be applied preferentially insofar as the content thereof conflicts with the content of the other terms of this Agreement.
(1) This Agreement is between Cygames and the Customer, not between SIE Group Companies and the Customer.
(2) Cygames is solely responsible for the Service.
(3) The license stipulated in the provisions of Article 5 is limited to the Customer’s use of the Service on a PlayStation® console owned or managed by the Customer or other systems provided by PlayStation™Network.
(4) SIE Group Companies are a third-party beneficiary of this Agreement.
(5) Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.
(6) Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

Article 1817 Validity of This Agreement
1. Except as described in Article 20, ifIf any part of this Agreement or the Individual Service Agreement is or becomes invalid or unenforceable, the rest of this Agreement and the Individual Service Agreement shall continue to apply and be binding, and any invalid or unenforceable term will be substituted with a valid and enforceable term that reflects Cygames’ intent as closely as possible.
2. This Agreement and the Individual Service Agreement comprise the entire agreement between parties relating to the subject matter, and (exceptsupersedes all prior understandings of the parties relating to the subject matter of this Agreement and/or the Individual Service Agreement, whether those prior understandings were electronic, oral, or written, or whether established by custom, practice, policy, or precedent, between the parties.

Article 18 Force Majeure
Cygames is not and shall not be liable for any failure to perform its obligations hereunder due to external, unforeseeable, and irresistible circumstances, such as changes or problems caused by natural disasters, war, terrorism, riots, cyber attack, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures (including network infrastructure failures related to the platform on which the Service(s) is provided), strikes, pandemics (including government requests relating to a pandemic), or shortages of transportation facilities, fuel, energy, labor, or materials.


Article 19 Governing Law and Jurisdiction
This Agreement shall be governed
in the case of fraud orall respects by the laws of Japan. The Customer agrees that any claim or dispute the Customer may have against Cygames must be resolved exclusively by the Tokyo District Court in Japan. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisions of the region in which the user resides in shall remain unaffected by this choice of law.


For residents of the United States, the following shall apply in place of Article 19:
PLEASE NOTE THE DISPUTE RESOLUTION PROCEDURES (DEFINED BELOW), WHICH, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST CYGAMES ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

Choice of Law & Forum
This Agreement is governed by the laws of Japan, without resort to the conflict of laws principles of any jurisdiction. You further agree that any Disputes (defined below) not subject to arbitration pursuant to the Dispute Resolution Procedures shall be resolved by Tokyo District Court and you agree and submit to the exercise of personal jurisdiction of such court for the purpose of litigating any such claim or action.
Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the Dispute Resolution Procedures shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

Dispute Resolution Procedures
If there is any controversy, claim, action, or dispute arising out of or related to your use of our Services, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), you and Cygames agree to resolve the Dispute through the following procedures (the “Dispute Resolution Procedures”), even if the Dispute arose prior to the Effective Date of this Agreement.
1. Informal Dispute Resolution
You and Cygames agree to first attempt to avoid the costs of formal dispute resolution by giving each other
a fraudulent misrepresentation) supersedesfull and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).
All Dispute Notices must: (i) be signed by the Complaining Party; (ii) include the Complaining Party’s name, physical address, and email address; (iii) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim; and (iv) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Cygames. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.
Dispute Notices shall be sent:
(1) to Cygames: at the email address [email protected]; and
(2) to Customer: by first-class or certified mail to the physical address we have on file for you (if any) and by email to the email address we have on file for you (if any). If we do not have any address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by other reasonable means.

You and Cygames agree to attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Cygames (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Cygames will participate in the Conference through one or more representatives, which may include our counsel.

Both you and Cygames agree that the foregoing informal dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation or otherwise filing any claim against the other party.
If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed or satisfied, the parties agree that
(1) a court of competent jurisdiction may enjoin the filing or prosecution of any arbitration or litigation and
(2) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the Dispute.

2. Individual Arbitration
IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND CYGAMES AGREE THAT SUCH DISPUTE SHALL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT NEITHER PARTY WILL HAVE, AND WE EACH HEREBY WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE ITS CLAIMS, AND THAT NEITHER YOU NOR CYGAMES IS PERMITTED TO PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS.
All such Disputes shall be exclusively submitted to JAMS (https://www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by these Dispute Resolution Procedures) before one arbitrator to be mutually agreed upon by both parties (a Dispute submitted to JAMS for arbitration being a “Demand for Arbitration”). The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (the “Minimum Standards”) if (and only if) it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute.
The Minimum Standards are available at http://www.jamsadr.com/consumer-minimum-standards. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, you may choose to (i) have the arbitration conducted solely on the basis of the documents submitted to the arbitrator or (ii) hold a hearing by teleconference or videoconference.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that
all prior understandings of the parties relating to the subject matteror any part of this Agreement and/or the Individual Service Agreement, whether those prior understandings were electronic, oral, or written, or whether establishedis void or voidable. For the avoidance of doubt, you and Cygames agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of these Dispute Resolution Procedures or the arbitrability of any claim or counterclaim. The award rendered by custom, practice, policy, or precedent, between the parties.the arbitrator, if any, may be confirmed and enforced in a court of competent jurisdiction.
3. Our failure to actMass Arbitration
This Section 3 of the Dispute Resolution Procedures applies to Mass Arbitrations (defined below) and supersedes any provision to the contrary in this Agreement.
If you or Cygames files a Demand for Arbitration that is one of fifty (50) or more similar Demands for Arbitration filed against the other party (i.e., against you or Cygames, as applicable) by parties represented by the same law firm or law firms acting in coordination (“Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance
with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Procedures”). The Mass Arbitration Procedures are available at https://www.jamsadr.com/mass-arbitration-procedures.
You and Cygames agree that, in the event of a Mass Arbitration, any issues arising under or relating to (i) the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable, or (ii) the jurisdiction of the arbitrator, including any objections with
respect to the existence, scope, or validity of these Dispute Resolution Procedures or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.
4. Exceptions
Notwithstanding any other provision of this Agreement, you or Cygames may (i) bring an individual claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (ii) file an individual claim in court to
(1) enjoin the infringement or other misuse of its intellectual property rights or
(2) seek a declaration that the other party is in
breach of this Agreement.
You and Cygames agree that any claims referenced in the preceding sentence must be brought and maintained on an individual basis.
In addition, nothing in this Agreement prohibits you or Cygames from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

5. Severability
If any provision of this Agreement is found to be invalid
by you or others doesany court having competent jurisdiction, the invalidity of such provision shall not waive our right to act with respect to a subsequent or similar breach or breaches. If Cygames does not exercise or enforce any legal right or remedy which is contained inaffect the validity of the remaining provisions of this Agreement or the Individual Service Agreement (or which Cygames has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Cygames' rights, and all such rights or remedies shall still be available to Cygames. Any waiver must be in writing and signed by both parties to be legally binding.

Article 19 Force Majeure
Cygames is not and shall not be liable for any failure to perform its obligations hereunder due to external, unforeseeable, and irresistible circumstances, such as changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures (including network infrastructure failures related to the platform on which the service(s) is provided), strikes, pandemics (including government requests relating to a pandemic), or shortages of transportation facilities, fuel, energy, labor, or materials.
Agreement.

Article 20 Governing Law and Jurisdiction
Before bringing
No Waiver
Our failure to act with respect to
a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Cygames does not exercise or enforce any legal right or remedy which is contained in this Agreement or the Individual Service Agreement (or which Cygames has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal legal case, the Customer should contactwaiver of Cygames’ Customer Support team. Most disputes canrights, and all such rights or remedies shall still be resolved that way. This Agreement shallavailable to Cygames. Any waiver must be governed in all respectswriting and signed by the laws of Japan. The Customer agrees that any claim or dispute the Customer may have against Cygames mustboth parties to be resolved exclusively by the Tokyo District Court in Japan. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisions of the region in which the user resides in shall remain unaffected by this choice of law.

For residents of the United States, the following shall apply in place of
legally binding.

Article 20:
Please note, the arbitration provision set forth below requires you to arbitrate any claims you may have against us on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

New Jersey’s Truth-in-Consumer, Contract, Notice, and Warranty Act
Under the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (“TCCWNA”), N.J.S.A., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by New Jersey or federal law. Further, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable, or inapplicable in certain jurisdictions without specifying whether such provisions are or are not void, unenforceable, or inapplicable in New Jersey. As such, please note the following:
• The limitations of liability and waiver of damages in Article 13(6) are not applicable to New Jersey residents.
• The indemnification requirement in Article 15 is not applicable to New Jersey residents.
• The provisions limiting a Customer’s right to a return or refund in Articles 7(3), 7(6), 9(2), and 13(2) are applicable to New Jersey residents.

Disputes and Agreement to Arbitrate
This Agreement is governed by the laws of Japan, without resort to its conflict of laws principles. You further agree that any disputes or claims not subject to the arbitration provision discussed below shall be resolved by Tokyo District Court and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement.
By using Cygames Services, you and Cygames agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of our Services, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
Notice shall be sent:
(1) to Cygames through: the e-mail([email protected]), or
(2) to the customer at: the contact details provided separately by the customer.
Both you and Cygames agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules and before one arbitrator to be mutually agreed upon by both parties. The JAMS rules that will apply are the rules in effect at the time the arbitration takes place.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable.
The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

Article
21 Third party rights
This Agreement is between the Customer and Cygames. No other person shall have any rights to enforce any of its terms.

Article 22 No Waiver
If Cygames does not insist immediately that the Customer does anything required under this Agreement, or if Cygames delays in taking steps against the Customer in respect of breaking this contract, that will not mean that the Customer does not have to do those things and it will not prevent Cygames from taking steps against the Customer at a later date. For example, if the Customer misses a payment and Cygames does not chase you but continues to provide the Service(s), Cygames can still require the Customer to make the payment at a later date.

Article 23 No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between the Customer and Cygames by this Agreement.

Article 24
Consumer’s Rights
For residents of California, the following shall apply:
Under California Civil Code Section 1789.3, residents of California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service(s)Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080,1625 North Market Blvd., Sacramento, California, 95814,CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact Cygames at [email protected] (email).

For residents of South Korea, the following shall apply:
Refund of Fee-basedFee-Based Services
1. Notwithstanding Articles 7(3) and 13(2), the Customer may cancel any Fee-based Service and demand a refund within seven (7) days from the purchase date or the start date of the Fee-based Service; provided, however, the Customer will not be entitled to a refund in any of the following cases:

1. the productNotwithstanding Article 7(3), the Customer may cancel any Fee-Based Service and demand a refund within seven (7) days from the purchase date or the start date of the Fee-Based Service; provided, however, the Customer will not be entitled to a refund in any of the following cases:
(1) the goods or services are lost or damaged due to a cause attributable to the Customer;
(2) the Customer has used or partially consumed the goods or services;
(3) the resale of the goods or services
is lost or damageddifficult due to the passage of time;
(4) the packaging of reproducible goods or services is damaged;
(5) the provision of Services or digital content has begun (excluding the parts that have not yet begun to be provided in the case of
a cause attributable to the Customer;contract consisting of divisible Services or divisible digital content); or
(6) any other reason stipulated by law to ensure the secure transaction of the product.
In the event that the Customer may not cancel a Fee-Based Service for reasons 2 through 5 above, Cygames shall take measures to ensure that the Customer is not blocked from exercising the cancellation right by clearly indicating such fact on a location that is easily noticeable by the Customer.

2. Notwithstanding the provision above, if the contents of the Fee-Based Service are different from the labeling, advertisement, or terms of the agreement, the Customer has used or partially consumed the product;may cancel a Fee-Based Service within three (3) months of the purchase date or start date of the Fee-Based Service, or thirty (30) days from the date in which the Customer realizes or could have realized a discrepancy.
3. the resale of the productIn the event the Customer cancels any Fee-Based Service, Cygames shall immediately withdraw/delete the Fee-Based Service and refund the payment for the Fee-Based Service made by the Customer within three (3) business days of withdrawal/deletion; provided, however, if any of the cancelled products or Services have been already used or consumed in part by the Customer, Cygames may only refund the amount remaining after deducting the value of the Fee-Based Service that has already been used or consumed by the Customer.

For residents of France, Germany, Spain, Italy, and the United Kingdom, the following shall apply:
Right to Withdrawal and Instructions for the Right to Withdrawal
You have the right to withdraw from any purchase within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day you enter the contract for any purchase.
To exercise the right to withdrawal, you must inform us of your decision to withdraw from the contract with a clear statement (e.g. a letter sent by mail, fax, or email). You may use the Model Withdrawal Form below, but it
is difficult due to the passage of time;
4.
not obligatory. We will confirm the receipt of your withdrawal without undue delay on a durable medium.
To meet the withdrawal deadline, it is required of you to send your request concerning the exercise of your right to withdrawal before the withdrawal period has expired.

Effects of Withdrawal
If you withdraw from any purchase, you will still need to pay for any services provided up to the time you withdraw, but we will reimburse you for the balance of all payments we have received from you for the purchase after deducting such amount.
We will make the reimbursement without undue delay and no later than 14 days after the day on which we are informed about your decision to withdraw from this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Early Expiration of the Right to Withdrawal
In relation to purchase of Game Items, the right to withdrawal expires if you commence using the Game Items after you have expressly consented to such commencement prior to the expiry of the withdrawal period, and you have acknowledged that by this consent you lose your right to withdraw.

Model Withdrawal Form
(If you want to withdraw from the contract, please complete and return this form.)
- To Cygames, Inc.:
I hereby give notice that I withdraw from my contract [for the supply of the following digital content/for the provision of the following service]:
- Ordered on:
- Name of Customer(s):
- Address of Customer(s):
- Signature of Customer(s) (only if this form is notified on paper):
- Date:


The following shall also apply for residents of France, Germany, Spain, Italy, and the United Kingdom:
the packaging ofThe limitations of liability and waiver of damages in Article 12(3) are not applicable.
 Notwithstanding Article 12(9),
(1) under applicable consumer law, the Customer may be entitled to
a reproducible product is damaged; or
5.
refund if Services are not as described or of satisfactory quality; and
(2)
any other reason stipulated by law to ensure the secure transaction of the product.
In the event that the Customer may not cancel a Fee-based Service for reasons 2 through 4 above, Cygames shall take measures to ensure that the Customer is not blocked from exercising the cancellation right by clearly indicating such fact on the product’s packaging or another location that is easily noticeable by the Customer, or providing a test sample of the product to the Customer.
2. Notwithstanding the provision above, if the contents of the Fee-based Service are different from the labeling, advertisement, or terms of the agreement, the Customer may cancel a Fee-based Service within three (3) months of the purchase date or start date of the Fee-based Service, or thirty (30) days from the date in which the Customer realizes or could have realized a discrepancy.
3. In the event the Customer cancels any Fee-based Service, Cygames shall immediately withdraw/delete the Fee-based Service and refund the payment for the Fee-based Service made by the Customer within three (3) business days of withdrawal/deletion; provided, however, if any of the cancelled products or Services have been already used or consumed in part by the Customer, Cygames may only refund the amount remaining after deducting the value of the Fee-based Service that has already been used or consumed by the Customer.

For residents of France, Germany, Spain, Italy, and the United Kingdom, the following shall apply:
Right to Withdrawal and Instructions for the Right to Withdrawal
You have the right to withdraw from any purchase within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day you enter the contract for any purchase.
To exercise the right to withdrawal, you must inform us of your decision to withdraw from the contract with a clear statement (e.g. a letter sent by mail, fax or email). You may use the Model Withdrawal Form below, but it is not obligatory. We will confirm the receipt of your withdrawal without undue delay on a durable medium.
To meet the withdrawal deadline, it is required of you to send your request concerning the exercise of your right to withdrawal before the withdrawal period has expired.

Effects of Withdrawal
If you withdraw from any purchase, you will still need to pay for any services provided up to the time you withdraw but we will reimburse you for the balance of all payments we have received from you for the purchase after deducting such amount.

We will make the reimbursement without undue delay and no later than 14 days after the day on which we are informed about your decision to withdraw from this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Early Expiration of the Right to Withdrawal
In relation to purchase of Game Items, the right to withdrawal expires if you commence using the Game Items after you have expressly consented to such commencement prior to the expiry of the withdrawal period, and you have acknowledged that by this consent you lose your right to withdraw.

Model Withdrawal Form
(If you want to withdraw from the contract, please complete and return this form.)
- To [here the trader’s name, geographical address and email address are to be inserted by the trader]: [..]
I hereby give notice that I withdraw from my contract [for the supply of the following digital content/for the provision of the following service]:
- Ordered on:
- Name of Customer(s):
- Address of Customer(s):
- Signature of Customer(s) (only if this form is notified on paper):
- Date:

The following shall also apply for residents of France, Germany, Spain, Italy, and the United Kingdom:
• The limitations of liability and waiver of damages in Article 13(6) are not applicable.
• Notwithstanding Articles 12(1) and 13(1) and subject to certain exceptions,
(i) under applicable consumer law, the Customer may be entitled to a refund if Services are not as described or of satisfactory quality; and
(ii)
under applicable consumer law, the Customer may be entitled to a repair of the Device or compensation if the Customer can show the fault of Services has damaged the Device and Cygames did not use reasonable care and skill.
Article 2019 shall not prohibit the Customer from bringing a claim or dispute against Cygames in the country of the Customer's habitual residence.

~
                Terms of Service Agreement<br><br>Effective Date: January 12, 2024<br>
                Last Updated: April 23rd, 2026<br>
                <br>The terms of this Service Agreement (hereinafter referred to as “this Agreement”) are for the “Granblue Fantasy: Relink” games and service operated and provided by Cygames, Inc. (hereinafter referred to as “Cygames”) and 
                includes
                include
                 the software, patches, downloadable content, applications and other content that need to be installed when using the “Granblue Fantasy: Relink” service (together referred to as this “Service” or “the Service(s)”). Capitalized terms not defined in the text of this Agreement are defined in Article 1. <br><br>By using the Services, you (“Customer”) agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, please do not use the Services.<br><br>Article 1	Definitions<br>The following terms are used in this Agreement.<br>1.	The “Customer” refers to the user of the Service(s) provided under this Agreement.<br>2.	An “Account” refers to the Customer’s information that is on file with 
                Cygames
                Cygames,
                 and it is the identifier issued by Cygames to identify the Customer. <br>3.	The “Individual Service Agreement” refers to the terms and conditions which are presented to each Customer, in addition to this Agreement, under names such as “agreement,” “guidelines” or “policy” and to which the Customer’s use of the Service(s) is also subject. <br>4.	“Content” refers to the content that can be used, 
                viewed
                viewed,
                 and accessed through the Service and includes text, audio, music, images, videos, software, programs, codes, Customers’ usernames, and other proprietary information.<br>5.	“Device” means the device (including hardware and peripherals such as home video game consoles and personal computers) with which the Customer uses the Services.<br>6.	A 
                “Fee-based
                “Fee-Based
                 Service” refers to a service or Content that requires the payment of a usage fee by the Customer.<br>7.	“Game Items” 
                mean
                means
                 virtual items that may only be used exclusively within the 
                Service.
                Services.
                <br><br>Article 2	Consent to the Agreement<br>1.	The Customer’s use of the Service is subject to the Customer consenting to the terms and conditions of this Agreement and the Individual Service Agreement. The Customer agrees to use the Service within the scope set forth by Cygames in accordance with the terms and conditions set forth by Cygames 
                (e.g.
                (e.g.,
                 age and usage environment).<br>2.	In the event that the Customer does not consent to this Agreement or the Individual Service Agreement, the Customer shall not be entitled to use the Service, and shall immediately cease downloading, 
                installing
                installing,
                 or using the Service. In the event that the Customer has already installed the Service(s), the Customer shall uninstall the Service(s).<br>3.	In the event that an Individual Service Agreement has been established in relation to the Service, the Customer shall use the Service in accordance with the provisions of the Individual Service Agreement in addition to this Agreement.<br>4.	In the event that there is a discrepancy in the content of this Agreement and the Individual Service Agreement, the content set forth in the Individual Service Agreement shall be applied in preference.<br>5.	THE CUSTOMER MUST BE AT LEAST AGE THIRTEEN (13) TO ACCESS OR USE THE SERVICE(S) OR CREATE AN ACCOUNT. By accessing, 
                using
                using,
                 and/or submitting information to or through any of the Services, you represent that you are not younger than age 13. <br>6.	For users at least 13 years of age but under the age of majority in the country where they live: THE PARENT OR GUARDIAN MUST PROVIDE CONSENT TO THEIR CHILD’S REGISTRATION WITH OR USE OF THE SERVICES. THE PARENT OR GUARDIAN AGREES TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO SUCH CHILD’S USE OF THE SERVICES. <br>7.	A person with parental authority for a minor accepts full responsibility for any unauthorized use of the Service(s) by that minor. A person with parental authority for a minor is responsible for any use of their credit card or other payment instrument 
                (e.g.
                (e.g.,
                 PayPal) by the minor. <br><br>Article 3	Changes to the Agreements and Disclaimers<br>1.	Cygames reserves the right to amend this Agreement and/or the Individual Service Agreement (i) in the event that Cygames considers that amendments need to be made for legal reasons including any changes in laws, (ii) due to technical necessity, (iii) in order to maintain company operations, (iv) for the benefit of the user, and/or (v) if Cygames determines for any other reason, in its sole discretion, that such amendments are required.<br>2.	Cygames shall inform the registered Customers about the proposed amendment via its website or in-game 
                messages, at least 30 days before the amendment is scheduled to take effect.
                messages.
                <br>3.	The Customer is entitled to object to any amendment of this Agreement or the Individual Service Agreement until the amendment becomes effective. Once the amendment becomes effective, the objecting Customer must immediately cease downloading, installing, and using this Service. In the event the objecting Customer has already installed the Service, the Customer shall uninstall the Service.<br>4.	If the Customer does not expressly object to an amendment of this Agreement or the Individual Service Agreement or if the Customer uses the Service(s) again after the amended terms and conditions become effective, it shall be deemed that the Customer consents to this Agreement or the Individual Service Agreement as amended.<br><br>Article 4	Handling of Personal Information<br>Cygames shall handle the personal information obtained from the Customer in accordance with the “Privacy 
                Policy”,
                Policy,”
                 as set forth separately by Cygames.<br><br>Article 5	Limited License of Rights 
                (e.g.
                (e.g.,
                 Intellectual Property)<br>1.	The Service(s) are provided for the Customer’s enjoyment, and unless otherwise specified, solely for the Customer’s own personal use. Cygames hereby grants the Customer a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Service(s) and any game or Content included thereunder for the Customer’s own non-commercial entertainment purposes, subject to the Customer’s complete compliance with this 
                Agreement and the Individual Service 
                Agreement. The Customer acknowledges that the time spent on or using the Service(s), including and without limitation on any underlying game or Content, is solely for the Customer’s personal entertainment purposes, and that no monetary value can be attributed to such time, and that, except for the license granted herein, the Customer is not entitled under the law to use or have access to the Service(s) and/or the Content. <br>2.	Between the parties, Cygames shall own all rights and titles in and to (i) the Content, including the text, software, images, programs, trademarks, logos, and any other features of the Content that is part of the Service(s), and (ii) all code, programming, and any associated patents or proprietary rights related to the Service(s) or the underlying game. This Agreement shall not transfer any rights 
                (e.g.
                (e.g.,
                 intellectual property rights) relating to the Service(s) to the Customer other than the right to access and use the Service(s) set out in Article 5(1). The Customer acknowledges that Cygames’ intellectual property contained within the Content and the Service(s) 
                are
                is
                 valid and protected in all media existing now or developed later in the future, and acknowledges that the Customer does not acquire any ownership rights in or to the intellectual property. <br>3.	Cygames does not grant the Customer any express or implied rights or licenses in or to the Service(s) and/or the Content other than what is expressly set forth herein. Furthermore, the Customer may not modify, copy, adapt, reverse engineer, de-compile or otherwise reduce to a 
                human perceivable
                human-perceivable
                 format, distribute, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, the Content. <br>4.	Cygames reserves the right to modify, amend, and update the Content and the Service(s) at any time and for any reason. The Customer agrees that Cygames will not be liable to the Customer or any third party for any such modification, suspension, or termination.<br>5.	Cygames reserves the right to set, create, and change at its discretion the specifications, rules, design, audiovisual expressions, effects, parameters, scenarios, and all other matters in the Content and the Service(s). <br>6.	The Content contains copyrighted material, trademarks, and other proprietary information, including videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics. The Content is subject to copyrights owned by Cygames and other individuals or entities and is protected by copyright laws. <br>7.	The names, trademarks, service marks, and logos of Cygames belong exclusively to Cygames and are protected from reproduction, imitation, dilution, or confusing or misleading use under trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of the trademarks is expressly prohibited and nothing stated or implied in connection with the Services grants you any license or right under any patent or trademark of Cygames or any third party.<br><br>Article 6
                		
                	
                Account and Password<br>1.	The Customer will ensure that any username selected for 
                your
                the Customer’s
                 Account does not include personal information, does not infringe on any third-party rights, and is not otherwise unlawful. Cygames reserves the right to refuse to grant the Customer a username for any reason, including if it potentially impersonates someone, is vulgar, is otherwise offensive, or may cause confusion. The Customer does not own any rights to the username and Cygames reserves the right to change or delete any username, with or without prior notice to the Customer, at any time and for any reason in its sole discretion.<br>2.	The Customer acknowledges that the Customer does not have any ownership or proprietary rights to the Account. The Customer cannot transfer, loan, or pass on any of the usage rights in this Service to a third party. <br>3.	To create an Account, we may require or request that you provide us with certain information, including personal information. When you decide to provide Cygames with your information, you agree to: 
                (a) 
                <br>(1)	
                provide accurate information about yourself as prompted by the Account registration process and 
                (b) 
                <br>(2)	
                maintain and update your information to keep it accurate and current. 
                <br>
                If any information provided by you is untrue, inaccurate, not current, or incomplete, Cygames has the right to terminate your access to and use of the Services.<br>4.	Cygames shall bear no responsibility or liability for any issue that arises as a result of a defect or mistake in the information registered by the Customer when the Customer uses this 
                Service, and the Customer releases Cygames from all liability or responsibility for any actions taken which relate to the incorrect information.
                Service.
                 THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF THEIR ACCOUNT OR GAME ITEMS. <br>5.	The Customer shall take all appropriate safety measures against the unauthorized use of the Account by any third party with reasonable care.<br>(1)	The Customer shall in particular:<br>-	safeguard the confidentiality of the Account’s username and password in particular when using national or international media, private correspondence, social media, or a service on the 
                Internet; this entails among others that the Customer shall: <br>•	
                internet, and 
                not 
                communicate their username or password
                disclose such information
                 to any third party;
                <br>•	only keep, if at all, encoded and separate written records of the username and the password, and keep those separate records in places protected against the access by any third party;<br>•	change the password at regular intervals, at least once a year;
                <br>-	secure access to the hardware with which the Customer accesses the Service 
                (i.e.
                (e.g.,
                 by implementing further passwords necessary to unlock the hardware, which again the Customer shall safeguard in the ways described in this Agreement);<br>-	safeguard any credit cards or other payment instruments 
                (e.g. Paypal) 
                which the Customer uses to effect payment for the Services against any unauthorized use by third parties;<br>-	in case the Customer has parental authority over a minor, <br>•	restrict the minor’s use of the Customer’s Account and<br>•	monitor, on a regular basis, that the minor does not use the Customer’s Account in spite of the prohibition to do so.<br>(2)	If the Customer breaches the obligations of this Agreement, he or she shall be liable according to the statutory damage claims and other claims permitted under relevant laws and regulations.<br>6.	Cygames shall consider any acts performed by the Customer or by a third party on the Customer’s Account as the Customer’s own acts if the third party was able to use the Customer’s Account due to the Customer’s permission or fault. The Customer acknowledges that it is the Customer’s own responsibility to ensure that the information registered by the Customer when using the Service is not used in an unauthorized manner by a third party. It is the Customer’s responsibility to resolve any issue that arises as a result of the Customer releasing their Account details to a third party, whether by using national or international media, private correspondence, social media, a service on the 
                Internet,
                internet,
                 or any other method. The Customer acknowledges that Cygames shall bear no responsibility for any such misuse.<br>7.	As between the parties, the Customer shall bear all liability and responsibility for any acts performed in the Services through the Customer’s Account and username by the Customer or by a third party on the Customer’s Account and username as the Customer’s own acts if the Customer could have prevented the use of the Account by applying reasonable care and in particular by complying with the obligations of this Agreement.<br>8.	If the Customer violates this Agreement and does not comply with a warning notice, Cygames reserves the right to delete or suspend the Customer’s Account and information associated with the Customer’s Account. All of the Customer’s usage rights in this Service shall cease to exist when the Account is suspended, deleted, or revoked, regardless of the reason. <br><br>Article 7	Provision of Service<br>1.	Cygames reserves the right to change, suspend or terminate at its discretion the Service(s) and all the services provided using this Service. 
                A complete termination of the Service(s) will be announced (e.g. by its website or in-game message) by Cygames six weeks before such termination takes effect, unless exceptional circumstances or legal requirements make such an announcement impossible. 
                <br>2.	If this Service is terminated under the preceding paragraph, the Customer cannot access the Customer’s Account once the Service(s) are terminated.<br>3.	The Customer is not entitled to a refund, return, or other repayment in circumstances where there has been a 
                cancelation
                cancellation
                 by the Customer of the 
                Fee-based
                Fee-Based
                 Services other than to the extent that any such refund, return, or other repayment is required by applicable laws or regulations. <br>4.	Notwithstanding any provision to the contrary herein, the Customer agrees that the Customer has no right or title in or to any Content, or Game Items, whether earned in the game or purchased from Cygames, or any other attributes associated with an Account or stored on the Service(s). THE CUSTOMER AGREES THAT GAME ITEMS HAVE NO CASH VALUE AND THAT CYGAMES HAS NO OBLIGATION TO EXCHANGE GAME ITEMS FOR ANYTHING OF VALUE. IF THE CUSTOMER’S ACCOUNT IS TERMINATED, OR SUSPENDED, GAME ITEMS AND THE ACCOUNT SHALL HAVE NO VALUE. Game Items may not be transferred, licensed, or sold.<br>5.	Cygames reserves the right to charge fees for (or to provide at no charge or for promotion) the right to use Game Items. <br>6.	To the extent that it is not inconsistent with the laws or regulations, Cygames has the right to modify or eliminate Game Items as it sees fit and in its sole discretion, and it will only be liable to the Customer for the exercise of such rights in cases of willful misconduct and gross negligence. <br>
                For residents of France, Germany, Spain, Italy, and the United Kingdom, please refer to the special provisions for such residents in Article 24.<br>
                <br>Article 8	Advertisements <br>Cygames shall reserve the right to post the advertisements of Cygames or a third party in this Service at the discretion of Cygames.<br><br>Article 9	Fees and Expenses<br>1.	The costs pertaining to the purchase, introduction, and maintenance of a Device, the communication fees 
                (e.g. Data
                (e.g., data
                 usage fees), and all other expenses necessary while using this Service shall be borne by the Customer. The Customer will pay all fees or charges incurred through 
                its
                their
                 Account, including applicable taxes at the time that the fee becomes payable. <br>2.	Cygames may change the price for functions that are free or fee-based in 
                the Services at its sole discretion. The Customer acknowledges and agrees that the Customer may be unable to use the Services in whole or in part if the Customer does not accept the new price for functions.<br>3.	THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CUSTOMER IS FULLY LIABLE FOR ALL FEES AND CHARGES INCURRED OR MADE THROUGH THE ACCOUNT AND THAT, UNLESS OTHERWISE PROVIDED FOR HEREUNDER OR UNDER APPLICABLE LAW, THERE ARE NO REFUNDS FOR FEES AND CHARGES INCURRED OR MADE THROUGH THE CUSTOMER’S ACCOUNT. <br><br>Article 10	Fee-Based Services<br>1.	This Service provides Fee-Based Services for 
                this Service 
                at its sole discretion. Cygames may not inform
                on the PlayStation™Store operated by Sony Interactive Entertainment Inc., Sony Interactive Entertainment America, or Sony Interactive Entertainment Europe Limited (hereinafter collectively referred to as “SIE Group Companies”), Steam operated by Valve Corporation, Nintendo eShop operated by Nintendo Co., Ltd., and other platforms.<br>2.	Fee-Based Services can only be used as long as the Service(s) are provided. After the termination of the Service(s),
                 the Customer 
                if the price is to be decreased, but shall inform the Customer in advance if Cygames charges new fees for the functions which have been free before. The Customer shall be entitled to withdraw from the Agreement or, if applicable, terminate the affected Service if the Customer does not accept the new price. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CUSTOMER IS FULLY LIABLE FOR ALL FEES AND CHARGES INCURRED OR MADE THROUGH THE ACCOUNT AND THAT, UNLESS OTHERWISE PROVIDED FOR HEREUNDER OR UNDER APPLICABLE LAW, THERE ARE NO REFUNDS FOR FEES AND CHARGES INCURRED OR MADE THROUGH THE CUSTOMER’S ACCOUNT. 
                cannot continue to use any Fee-Based Services.
                <br>3.	The 
                pricing of the Fee-Based Services shall be described before any purchase can be made. Cygames or a settlement agency (including but not limited to an intermediary platform holder) will have the right to amend or change the prices prospectively. If a price determined by Cygames or a settlement agency is amended, the amended price shall be displayed.<br>4.	The 
                Customer 
                hereby acknowledges and consents to the fact that it may no longer
                shall not
                 be 
                possible to
                able to transfer items obtained in a Fee-Based Service to another Account or sell or transfer their Account.<br>5.	If a minor of the age of 13 or above uses the Service, the consent of a legal representative such as a parent is necessary for all
                 use 
                part or
                of the Service, including use of Fee-Based Services such as the purchase of items and services (including consent to this Agreement and Individual Service Agreements). <br>6.	If a Customer who was a minor at the time of entering this Agreement or an Individual Service Agreement uses the Service after reaching adulthood, the Customer is deemed to have consented to
                 all 
                of this
                agreements relating to the use of the
                 Service 
                if the Customer does not consent to changes to pricing for functions.
                through the continued use of the Service.
                <br><br>Article 
                10
                11
                	
                Fee-based Services
                Prohibitions
                <br>1.	
                This Service provides Fee-based
                The Customer shall not commit any of the following acts in relation to the Services, regardless of whether such actions occur inside or outside the Services. In addition, the Customer is prohibited from instructing, inciting, or coercing a third party to commit such acts:<br>(1)	Any act in violation of this Agreement, any act that infringes upon the intellectual property rights or other legally protected rights of Cygames or any third party, criminal acts and other illegal acts, and any act that is likely to constitute or that promotes any of the preceding acts.<br>(2)	Any act that causes discomfort to third parties, such as stalking, making offensive remarks, harassment, posting Content that arouses feelings of disgust, etc.<br>(3)	Posting information that contains nudity, pornography, excessive violence, or offensive content, or information that contains links to such content.<br>(4)	Any act that induces or promotes suicide or drug abuse.<br>(5)	Inducing or soliciting others to commit antisocial acts, or providing benefits to or cooperating with antisocial forces.<br>(6)	Political or religious activities, or soliciting people to join political or religious organizations.<br>(7)	Acquiring, disclosing, falsifying, or leaking (or committing acts that may result in the acquisition, disclosure, falsification, or leak of) information that can identify specific individuals (e.g., names, titles, telephone numbers, email addresses, addresses, location information, etc.), or the non-public information, trade secrets, or confidential information of companies, organizations, etc., without the permission of the rights holder or the person, company, or group to which the information relates.<br>(8)	Claiming to be, hinting to be, or otherwise impersonating Cygames, an affiliate company or a related person of Cygames, or a third party; or otherwise registering or posting false information.<br>(9)	Any act intended to make a profit without the permission of Cygames (including the act of soliciting transactions similar to pyramid schemes, etc.)<br>(10)	The unauthorized acquisition of various Content provided by Cygames through the
                 Services 
                (including, but not limited to, Content provided in the Fee-Based Services; hereinafter referred to as “In-Service Content”) or any other rights or benefits available to users in the Services in whole or in part, whether 
                for 
                free or for consideration; or disposing of such contents and rights etc. by transferring them to a third party, etc. (other than in the manner approved by Cygames); or any act that promotes such acts.<br>(11)	Trading Accounts, In-Service Content, etc. for profit with real-world money, goods, services, or other economic benefits (so-called “real-money trading”), as well as performing any preparatory acts, including inducing another to trade, making offers to trade, or accepting offers to trade.<br>(12)	Soliciting or inviting, while within the Services, users to use other services (except as approved by Cygames).<br>(13)	Providing links with the intention of promoting an act that is prohibited under 
                this 
                Service on the PlayStation™Store operated
                paragraph with the knowledge that such act falls under any of the items listed in this paragraph.<br>(14)	Disassembling, decompiling, or reverse engineering the Services; or any act that Cygames deems hinders or may hinder related data (including rights notices), servers, and network systems, such as operating, modifying, acquiring, distributing, publishing, damaging, removing, or gaining unauthorized access to related data (including rights notices), servers, and network systems.<br>(15)	Replicating, transmitting, transferring, renting, translating, adapting, or altering the Services, or combining the Services with other software.<br>(16)	Using, creating, distributing, or selling technical means such as external tools and bots, or modified devices, which are not provided
                 by 
                Sony Interactive Entertainment Inc., Sony Interactive Entertainment America, or Sony Interactive Entertainment Europe Limited (hereinafter collectively referred to as “SIE Group Companies”), Steam operated
                Cygames and that affect the Services; or any act of using these to manipulate the Services without the permission of Cygames.<br>(17)	Intentionally inducing or utilizing malfunctions of the Services, or using the Services for purposes not intended
                 by 
                Valve Corporation, and
                Cygames.<br>(18)	Using the Account of another Customer, holding multiple Accounts, or sharing an Account between multiple people without the permission of Cygames; or transferring to a third party or allowing a third party to use an Account, In-Service Content, or part or all of the rights and benefits available to the Customer in the Services in exchange for cash or
                 other 
                platforms.
                assets without the permission of Cygames.<br>(19)	Making unreasonable inquiries or requests to Cygames (e.g., unnecessarily repeating a question or similar questions).<br>(20)	Facilitating the raising of a ranking of a user or the acquisition of prizes in the Services by intentionally disconnecting the network during online play or repeatedly losing to certain other users.<br>(21)	Any other act that Cygames deems interferes with, hinders, or damages, or may interfere with, hinder, or damage Cygames’ operation of the Services or another Customer’s use of the Services.
                <br>2.	
                Fee-based
                Cygames shall reserve the right to take the following measures if Cygames has confirmed that the Customer has committed or is likely to commit an act that corresponds to a prohibited act, or if Cygames determines the Customer’s use of the
                 Services 
                can only
                are inappropriate, or if the Customer admits to committing a prohibited act:<br>(1)	Request the Customer to stop the prohibited act and not repeat said act.<br>(2)	Revoke items or similar things acquired by the Customer and take other punitive measures in the Services.<br>(3)	Suspend the Customer’s use of the Services in whole or in part.<br>(4)	Suspend or delete the Customer’s Account.<br>(5)	Revoke the rights obtained through prohibited acts.<br>(6)	Disclose inside and outside the Services the relevant facts of the prohibited acts, including making a report to the police or another public agency in the case that the prohibited act may constitute a criminal case, administrative case, or other case.<br>(7)	Take other measures that Cygames deems to
                 be 
                used as long as the Service(s) are provided. After the termination of the Service(s), the Customer cannot continue to use any Fee-based Services.
                necessary and appropriate.
                <br>3.	
                The pricing of the Fee-based
                Cygames shall reserve the right not to provide Cygames services, including the
                 Services 
                (including refusal to provide services and deletion of registered accounts for other services), to a Customer whose Account has been deleted under item (4) of the preceding paragraph. Cygames may store personal information etc. to the extent necessary to take such measures.<br><br>Article 12	Limitations of the Services<br>1.	Cygames 
                shall 
                not bear responsibility in the event that the Services are unavailable temporarily or for an extended period, or the Services themselves are suspended or terminated, due to the following causes:<br>(1)	Natural disaster such as an earthquake, tsunami, typhoon, thunder, heavy rain, flood, etc., or force majeure events such as war, terrorism, revolution, labor disputes, etc.;<br>(2)	Temporary or large-scale maintenance of systems or other equipment necessary for the operation of the Services;<br>(3)	Congestion on the network line or a problem with the network provider, etc.; or<br>(4)	Other disruptions that affect the operation of the Services.<br>2.	Cygames shall not bear responsibility for any damage incurred by the Customer due to the actions of third parties, such as unauthorized access to the Services, computer viruses, etc.<br>3.	Cygames shall not bear responsibility for damages (including but not limited to indirect, incidental, special, or exemplary damages; damages for loss of business, loss of data, or lost profits; or damages for wrongful death/personal injury) incurred by the Customer in connection with the Services, including those resulting from the termination or modification of the provision of the Services by Cygames. And in any case, the maximum liability of Cygames for all damage, loss, and causes of action shall 
                be 
                described before any purchase can be made. The price for the desired Fee-based Services will be shown
                the total amount paid by the Customer to Cygames
                 in 
                Euros, US dollars, or in another currency applicable to the Customer’s region. Cygames or a settlement agency (including but not limited to an intermediary platform holder) will have the right to amend or change the prices prospectively. If a price determined by Cygames or a settlement agency is amended, the amended price shall be displayed.
                the preceding six (6) months.
                <br>4.	
                Customers
                Cygames does not guarantee the safety, legality, etc. of third-party websites that
                 can 
                purchase Fee-based
                be accessed via links from the Services, or of products and services provided by third parties in relation to the use of the Services. Cygames is not responsible for any problems, promises, guarantees, etc. between the Customer and advertisers of advertisements placed on the Services, or for any losses or damage incurred by the Customer as a result.<br>5.	Cygames shall not bear responsibility for damage incurred as a result of the Customer applying alterations, modifications, technical characteristics, etc. to the hardware or software of any devices and then not being able to properly use the Services. In addition, Cygames shall not take any action in this situation, such as restoring the Customer’s use of the Services.<br>6.	Cygames does not guarantee the permanence of the information that the Customer has registered for the
                 Services 
                and shall not bear responsibility for any damage incurred 
                by 
                selecting the desired Fee-based
                the Customer due to the Customer personally losing or forgetting registered information. In addition, Cygames shall bear no obligation to take any action in this situation, such as restoring the Customer’s use of the Services. The same shall also apply in the event that the Customer loses any registered information due to unauthorized use, loss, theft, failure, or any other reason in regard to the device used for the Services.<br>7.	Cygames shall bear no obligation to respond to or take any action in response to any inquiries, ideas for improvement, or other suggestions or feedback from the Customer pertaining to the
                 Services, 
                selecting the desired payment method, and press the relevant button to confirm
                etc. Any such response or action shall be at Cygames’ own discretion.<br>8.	Cygames shall bear no obligation to repair bugs etc. in the Services or to reform or improve the Services.<br>9.	The Customer shall use the Services at the Customer’s own risk and discretion. Cygames’ services and the Content are provided “as is” and without any guarantee as to the accuracy, completeness, correctness, validity, applicability, utility, or availability of the Services, either express or implied. Cygames does not guarantee the availability or accessibility of the Services at any time or place chosen by the Customer, or compatibility of the Services with the Customer’s intended use or the device used by the Customer (including devices recommended or presented as recommended devices or recommended user environments within the Services).<br>10.	Cygames does not guarantee that the registered information etc. from the Customer’s previous device will be transferred to the new device when the Customer replaces the device used to access the Services with a new device due to repair or model change, etc., except in cases where Cygames specifically specifies otherwise. The same shall also apply in the event the Customer has deleted the app or Account information from
                 their 
                intention to purchase the Fee-based Service, and which concludes the purchasing process.
                device, and to the transfer of registered information etc. when using the Services again.<br>11.	No communication of any kind between the Customer and Cygames constitutes a waiver of any limitations of liability hereunder or creates any additional warranty not expressly stated in this Agreement.<br>12.	The contents stipulated in this article shall be effective to the maximum extent permitted by applicable law.<br><br>Article 13	Termination<br>1.	If the Customer withdraws from the Services, all outstanding obligations owed by the Customer to Cygames at that time shall be fulfilled immediately by the Customer.<br>2.	The Customer agrees that the Customer will lose any Content remaining at the time the Customer withdraws from the Services, such as Game Items, at the time of such withdrawal.<br>3.	If Cygames terminates the Customer’s access to the Services and use of the Customer’s Account, Cygames will have no liability to the Customer for any time spent by the Customer or for any Game Items acquired by the Customer.<br>4.	Cygames shall bear no obligation to retain any information (e.g., personal information) of a Customer who has withdrawn from the Services.
                <br>5.	The 
                payment options may vary according to
                provisions of the preceding four paragraphs shall also apply in the case that Cygames has taken measures to delete
                 the Customer’s 
                region and the technical feasibility of the payment options available
                account as specified
                 in 
                the market.<br>6.	The money will be collected via the respective platform as specified at the point of purchase.<br>7.	Statutory interest shall accrue in instances of default.<br>8.	The Customer shall not be able to transfer items obtained in a Fee-based Services to another Account or sell or transfer their Account.<br>9.	If a minor uses such Fee-Based Service(s) under the Account of an adult, valid power of representation and the consent of such adult shall be required in order for the minor to use the Service(s) (including their consent to this Agreement, to the paragraphs in this article, and to the Individual Service Agreement) and only they shall be the contractual party of Cygames, bound by this Agreement.<br>10.	If a minor of the age of 13 or above uses the Service, the consent of a legal representative such as a parent is necessary for all use of the Service, including use of Fee-based Services such as purchase of items and services (including consent to this Agreement and Individual Service Agreements). <br>11.	If a Customer who was a minor at the time of entering this Agreement or an Individual Service Agreement uses the Service after reaching adulthood, the Customer is deemed to have consented to all agreements relating to the use of the Service through the continued use of the Service.<br><br>
                Article 
                11	Prohibitions<br>1.	The Customer shall not commit any of the following acts in the Service. In addition, the Customer is prohibited from instructing, instigating, or coercing a third party to commit such acts. <br>(1)	Using the Service(s) in a manner that violates this Agreement or violates any applicable law or regulation.<br>(2)	Committing fraud (including computer fraud), obstructing business, intentionally interfering with the Service(s) or fair play, committing unauthorized access, bullying, distributing pornographic or inappropriate images, committing other illegal acts, and acts that lead, or may lead, to a violation of the law.<br>(3)	Infringing on the ownership rights and other property rights, including but not limited to the copyright, publicity rights, other intellectual property rights, image rights, and other personal rights of Cygames or a third party.<br>(4)	Making discriminatory, slanderous, libelous (or otherwise defamatory), or offensive statements. <br>(5)	Posting, writing, or uploading any content that includes expressions or content which harass, degrade, or abuse a third party, or which is otherwise inappropriate to a third party.<br>(6)	Posting, writing, or uploading violent or grotesque content, such as violent or grotesque photographs.<br>(7)	Stalking, relentlessly pursuing, sending large volumes of messages, or other similar acts contrary to the will of other Customers in a manner which can harass or intimidate them.<br>(8)	Posting links to adult sites, dating sites, and similar sites, and attempting to induce encounters with other people.<br>(9)	Acquiring, disclosing, falsifying, or leaking (or committing acts that may result in the acquisition, disclosure, falsification, or leak of) information that can identify individuals (e.g. names, titles, telephone numbers, e-mail addresses, and addresses), non-public information, trade secrets, or confidential information without the permission of the rights holder or the person, company, or group to which the information relates.<br>(10)	Impersonating Cygames or a third party, and registering or posting false information.<br>(11)	Committing unauthorized access or acts with the intent of misleading Cygames or a third party.<br>(12)	Advertising, announcing, soliciting for, and carrying out transactions in pyramid schemes, multi-level marketing systems, network businesses, and other transactions similar to a chain structure related to the Service(s) or Content.<br>(13)	Committing acts which relate to the Service(s) or Content and are intended to make a profit without the consent of Cygames.<br>(14)	Trading the Game Items, and similar things for profit with real-world cash, property, or other assets (so-called “real money trade”), as well as performing any preparatory acts, including inducing another to trade, making offers to trade, or accepting offers to trade, regardless of whether such actions occur inside or outside this Service.<br>(15)	Acquiring in an unauthorized manner the various contents provided by Cygames through this Service (including, but not limited to, contents and items provided in the Fee-based Services), hereinafter referred to as “In-service Content”, or committing acts that facilitate the unauthorized acquisition of In-service Content.<br>(16)	Transferring to a third party or allowing a third party to use an Account, In-service Content, or part or all of the rights and benefits available to the Customer in this Service in exchange for cash or other assets, and advertising, announcing, or soliciting such exchanges.<br>(17)	Inducing others to commit suicide or hurt themselves.<br>(18)	Inducing others to commit antisocial behaviors.<br>(19)	Providing links with the intention of promoting an act which is prohibited under this paragraph.<br>(20)	Facilitating the raising of a ranking of a user or acquiring prizes in the Service by intentionally disconnecting the network during online play or repeatedly losing to certain other users.<br>(21)	Committing other acts which may be judged to be inappropriate by Cygames.<br>2.	The Customer shall not commit any of the following acts, or similar acts, which may hinder or disturb the operation of the Service, regardless of whether such acts are committed inside or outside of the Service. In addition, the Customer is prohibited from instructing, instigating, or coercing a third party to commit such acts. They are prohibited from doing the following, inter alia:<br>(1)	Attempting to use (in a manner that is not authorized), operate, or change the data in the System.<br>(2)	Using the Service(s) in a manner that (i) overburdens the System, (ii) sends anything that contains a virus or other code intended to do harm, (iii) uses a bot or script to scrape the Service(s) or Content, (iv) uses any game cheat or hack, or (v) uses other technical measures not provided by Cygames.<br>(3)	Replicating, transmitting, transferring, renting, translating, adapting, or altering the Service or combining the Service with other software.<br>(4)	Deleting or changing the copyright notices attached to this Service or other rights notices.<br>(5)	Framing or mirroring any part of the Services without Cygames’ written permission.<br>(6)	Using, creating, distributing, or selling external tools that have an impact on this Service.<br>(7)	Transmitting identical or similar messages to a large number of Customers or transmitting messages to any individual Customer multiple times (unless permitted by Cygames).<br>(8)	Exchanging the right to use the Service(s), or any Content, or any of the rights contained in the Service(s) (or Content) for cash, property, labor, or other economic benefit or transferring, sublicensing, or otherwise disposing of such rights (except in a manner which is permitted by Cygames).<br>(9)	Committing acts that interfere with the System used as part of this Service.<br>(10)	Using the Account of another Customer.<br>(11)	Claiming to be, hinting to be, or suggesting to be in affiliation with or otherwise impersonating an affiliation with Cygames, an affiliate company, or a related person.<br>(12)	Sharing an Account between multiple people without the consent of Cygames.<br>(13)	Accessing this Service with a Device that has been modified (e.g. rooted or jailbroken).<br>(14)	Altering, damaging, disassembling, decompiling, or reverse engineering this Service.<br>(15)	Making unreasonable inquiries or requests to Cygames (e.g. unnecessarily repeating a question or similar questions).<br>(16)	Intentionally utilizing malfunctions or bugs of this Service.<br>(17)	Intentionally inducing malfunctions or bugs of this Service.<br>(18)	Using this Service for purposes not intended by Cygames.<br>(19)	Committing any other equivalent or similar act that interferes with, hinders, or damages, or may interfere with, hinder, or damage the operation of this Service by Cygames or the use of this Service by another Customer.<br>3.	If Cygames suspects that (i) the Customer has committed, or may commit, a prohibited act, (ii) the Customer admits to committing a prohibited act, or (iii) Cygames determines the Customer’s use of this Service is inappropriate, Cygames, in its sole discretion, shall reserve the right to take the following measures. <br>(1)	Requesting that the Customer stops the prohibited act and does not undertake any similar acts.<br>(2)	Revoking items or similar things acquired by the Customer and taking other punitive measures in this Service.<br>(3)	Stopping part or all of the Customer’s use of the Service.<br>(4)	Stopping or deleting the Customer’s Account.<br>(5)	Revoking the rights obtained through prohibited acts.<br>(6)	Disclosing inside and outside the Service the relevant facts of the prohibited acts, including making a report to the police or another public agency in a criminal case, administrative case, or other case that may correspond to this.<br>(7)	Taking other equivalent measures determined by Cygames to be necessary and appropriate.<br>4.	Cygames shall reserve the right not to provide services, including the Service, to a Customer whose Account has been deleted under the preceding paragraph 3. Cygames may store personal information to the extent necessary to take such measures.<br><br>Article 12	Limitations of the Services<br>1.	The Services and any information and materials provided on or through the Service(s), including without limitation, Game Items, Content, and any other data, text, pictures, graphics, audio, video, icons, games, software, and upgrades for use in games or on or through the Service(s) ARE PROVIDED ”AS IS”. The Customer shall use the Service under the Customer’s own responsibility and judgment. Cygames provides no guarantees in regards to the precision, completeness, accuracy, validity, applicability, usefulness, or availability of the Service, as further detailed in this Article and Article 13. Moreover, Cygames shall provide no guarantees in regards to the suitability of the Service for use by the Customer or on the Device used by the Customer (including recommended Devices and Devices indicated as having the recommended environment within the Service).<br>2.	Cygames provides no guarantee that it will be possible for the Customer to access or use the Service at the time or place of the Customer’s choosing or that the Service shall be without interruption or error. <br>3.	Cygames provides no guarantees in regards to the legality, integrity, safety, accuracy, or compliance with public morals of any third-party website that can be accessed through a link from the Service.<br>4.	Cygames provides no guarantees in regards to products and services other than the Service provided by a third party that is provided in relation to the use of the Service.<br><br>Article 13	Disclaimers of Warranties & Limitation of Liability<br>1.	CYGAMES’ SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CYGAMES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. CYGAMES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS DO NOT WARRANT THAT THE CUSTOMER’S USE OF THE SERVICES AND THE CONTENT, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES, WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO OPINION, ADVICE, OR STATEMENT OF CYGAMES OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE IN ASSOCIATION WITH THE SERVICES OR CONTENT, SHALL CREATE ANY WARRANTY. <br>2.	CYGAMES SHALL NOT, UNDER ANY CIRCUMSTANCES, PROVIDE A RETURN OR REFUND FOR THE CONVENIENCE OF THE CUSTOMER OF MONEY THAT HAS BEEN PAID BY THE CUSTOMER OTHER THAN TO THE EXTENT THAT SUCH A RETURN OR REFUND IS REQUIRED BY APPLICABLE LAW/REGULATIONS.<br>3.	CYGAMES SHALL NOT, UNDER ANY CIRCUMSTANCES, BEAR RESPONSIBILITY FOR DAMAGES IN REGARDS TO ANY DAMAGE SUFFERED AS A RESULT OF THE CUSTOMER APPLYING ALTERATIONS, MODIFICATIONS, OR TECHNICAL CHARACTERISTICS TO THE HARDWARE OR SOFTWARE OF ANY DEVICES AND THEN NOT BEING ABLE TO PROPERLY USE THIS SERVICE. IN ADDITION, CYGAMES SHALL HAVE NO RESPONSIBILITY TO PROVIDE ANY HELP OR ASSISTANCE TO REINSTATE THE USE OF THIS SERVICE IN SUCH AN EVENT.<br>4.	CYGAMES SHALL NOT, UNDER ANY CIRCUMSTANCES, BEAR RESPONSIBILITY FOR ANY DAMAGES SUFFERED AS A RESULT OF THE CUSTOMER PERSONALLY LOSING OR FORGETTING REGISTERED INFORMATION. IN ADDITION, CYGAMES SHALL PROVIDE ABSOLUTELY NO HELP TO REINSTATE THE USE OF THIS SERVICE IN SUCH AN EVENT. THE SAME SHALL ALSO APPLY IN THE EVENT THE CUSTOMER LOSES ANY REGISTERED INFORMATION DUE TO UNAUTHORIZED USE, LOSS, THEFT, FAILURE, OR ANY OTHER REASON IN REGARDS TO THE DEVICE USED IN THIS SERVICE. CYGAMES SHALL RESPOND TO INQUIRIES, IDEAS FOR IMPROVEMENT, OTHER SUGGESTIONS AND FEEDBACK FROM THE CUSTOMER PERTAINING TO THIS SERVICE UNDER ITS OWN DISCRETION AND JUDGMENT WITHOUT OBLIGATION TO PROVIDE A REPLY OR ANY KIND OF SUPPORT. CYGAMES MAY PROVIDE SUPPORT TO THE CONTENT OF INQUIRIES, IDEAS, SUGGESTIONS, FEEDBACK, AND SIMILAR FROM THE CUSTOMER. HOWEVER, THIS SHALL NOT BE INTERPRETED AS AN OBLIGATION TO PROVIDE INDIVIDUAL ANSWERS, REPORTS, OR FINANCIAL COMPENSATION TO THE CUSTOMER.<br>5.	CYGAMES SHALL NOT, UNDER ANY CIRCUMSTANCES, BEAR RESPONSIBILITY TO REPAIR BUGS OR SIMILAR IN THIS SERVICE AND SHALL BEAR NO OBLIGATION TO REFORM OR IMPROVE THIS SERVICE.<br>6.	CYGAMES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES; DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS; OR DAMAGES FOR WRONGFUL DEATH/PERSONAL INJURY) RESULTING FROM A CUSTOMER’S USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CYGAMES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CYGAMES IS TO DISCONTINUE YOUR USE OF THE SERVICES. UNDER ANY CIRCUMSTANCES, THE MAXIMUM LIABILITY TO CYGAMES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY THE CUSTOMER TO CYGAMES IN THE PRECEDING TWELVE (12) MONTHS.<br>7.	NO COMMUNICATION OF ANY KIND BETWEEN THE CUSTOMER AND CYGAMES CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
                11(2), item (4).
                <br><br>Article 14	
                Termination<br>1.	
                Indemnity <br>The Customer agrees to reimburse 
                Cygames 
                for all damages resulting from the violation of this Agreement. The Customer releases Cygames from any third-party claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) that third parties 
                may 
                revoke
                incur as a result of or arising from
                 the Customer’s 
                license and terminate the Customer’s access to and use of the Service(s) and the Account for
                violation of (i) this Agreement; (ii)
                 any 
                violation of this Agreement and may delete the Customer’s Account, and any Game Items associated therewith. If Cygames revokes the Customer’s license and terminates the Customer’s access to and use of the Service(s) and the Account, Cygames will not have any liability to the Customer for any time spent by the Customer or for any Game Items acquired by the Customer. If the Customer terminates the Service, all outstanding financial obligations owed by the Customer to Cygames shall be fulfilled immediately by the Customer. If the Customer dies, the Account will be terminated.<br>2.	Cygames shall bear no obligation to retain any information (e.g. personal information) of
                law or regulation; or (iii)
                 a 
                Customer or Account if the Customer’s Account has been terminated.
                third party’s proprietary or intellectual property right. 
                <br><br>Article 15	
                Indemnity <br>The Customer agrees to reimburse Cygames for all damages resulting from the violation of
                Prohibition on the Transfer of Rights and Obligations<br>You shall not resell or assign your rights, duties, or obligations under
                 this 
                Agreement. The Customer releases Cygames from
                Agreement, and
                 any 
                third-party claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) that
                attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by Cygames, in our sole discretion, to a
                 third 
                parties may incur as a result of or arising from the Customer’s violation of (i) this Agreement; (ii) any law or regulation; or (iii) a third party’s proprietary or intellectual property right.
                party, and such an assignment will inure to the benefit of our successors, assigns, and/or licensees.
                 <br><br>Article 16
                	Prohibition on the Transfer of Rights and Obligations<br>You shall not resell or assign your rights, duties, or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by Cygames, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns, and/or licensees. Without limiting the foregoing, we may sell, transfer or otherwise share some or all of our assets with any parent company, subsidiary, joint venture, and any company under our common control, as well as with a potential acquirer, lender, or investor, including in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. <br><br>Article 17
                	PlayStation® Supplemental Terms<br>This Article is supplementary to, and incorporated into as a part of, the terms of this Agreement for the Customer who uses the Service in products or services provided by SIE Group Companies. As for item (5) and item (6) of this Article, item (5) shall be applied if the Customer is a resident of Sony Interactive Entertainment America’s service territory, and item (6) shall be applied if the Customer is a resident of Sony Interactive Entertainment Network Europe Limited’s service territory. In addition, the provisions of each of the following items shall be applied preferentially insofar as the content thereof conflicts with the content of the other terms of this Agreement.<br>(1)	This Agreement is between Cygames and the Customer, not between SIE Group Companies and the Customer.<br>(2)	Cygames is solely responsible for the Service.<br>(3)	The license stipulated in the provisions of Article 5 is limited to the Customer’s use of the Service on a PlayStation® console owned or managed by the Customer or other systems provided by PlayStation™Network.<br>(4)	SIE Group Companies are a third-party beneficiary of this Agreement.<br>(5)	Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.<br>(6)	Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
                 
                <br><br>Article 
                18
                17
                		Validity of This Agreement<br>1.	
                Except as described in Article 20, if
                If
                 any part of this Agreement or the Individual Service Agreement is or becomes invalid or unenforceable, the rest of this Agreement and the Individual Service Agreement shall continue to apply and be binding, and any invalid or unenforceable term will be substituted with a valid and enforceable term that reflects Cygames’ intent as closely as possible.<br>2.	This Agreement and the Individual Service Agreement comprise the entire agreement between parties relating to the subject matter, and 
                (except
                supersedes all prior understandings of the parties relating to the subject matter of this Agreement and/or the Individual Service Agreement, whether those prior understandings were electronic, oral, or written, or whether established by custom, practice, policy, or precedent, between the parties.<br><br>Article 18 	Force Majeure<br>Cygames is not and shall not be liable for any failure to perform its obligations hereunder due to external, unforeseeable, and irresistible circumstances, such as changes or problems caused by natural disasters, war, terrorism, riots, cyber attack, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures (including network infrastructure failures related to the platform on which the Service(s) is provided), strikes, pandemics (including government requests relating to a pandemic), or shortages of transportation facilities, fuel, energy, labor, or materials.<br><br><br>Article 19	Governing Law and Jurisdiction<br>This Agreement shall be governed
                 in 
                the case of fraud or
                all respects by the laws of Japan. The Customer agrees that any claim or dispute the Customer may have against Cygames must be resolved exclusively by the Tokyo District Court in Japan. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisions of the region in which the user resides in shall remain unaffected by this choice of law.<br><br><br>For residents of the United States, the following shall apply in place of Article 19:<br>PLEASE NOTE THE DISPUTE RESOLUTION PROCEDURES (DEFINED BELOW), WHICH, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST CYGAMES ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.<br><br>Choice of Law & Forum<br>This Agreement is governed by the laws of Japan, without resort to the conflict of laws principles of any jurisdiction. You further agree that any Disputes (defined below) not subject to arbitration pursuant to the Dispute Resolution Procedures shall be resolved by Tokyo District Court and you agree and submit to the exercise of personal jurisdiction of such court for the purpose of litigating any such claim or action. <br>Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the Dispute Resolution Procedures shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).<br><br>Dispute Resolution Procedures<br>If there is any controversy, claim, action, or dispute arising out of or related to your use of our Services, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), you and Cygames agree to resolve the Dispute through the following procedures (the “Dispute Resolution Procedures”), even if the Dispute arose prior to the Effective Date of this Agreement. <br>1.	Informal Dispute Resolution<br>You and Cygames agree to first attempt to avoid the costs of formal dispute resolution by giving each other
                 a 
                fraudulent misrepresentation) supersedes
                full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).  <br>All Dispute Notices must: (i) be signed by the Complaining Party; (ii) include the Complaining Party’s name, physical address, and email address; (iii) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim; and (iv) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Cygames. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.<br>Dispute Notices shall be sent:<br>(1)	to Cygames: at the email address [email protected]; and<br>(2)	to Customer: by first-class or certified mail to the physical address we have on file for you (if any) and by email to the email address we have on file for you (if any). If we do not have any address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by other reasonable means. <br><br>You and Cygames agree to attempt to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Cygames (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Cygames will participate in the Conference through one or more representatives, which may include our counsel.<br><br>Both you and Cygames agree that the foregoing informal dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation or otherwise filing any claim against the other party. <br>If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed or satisfied, the parties agree that <br>(1)	a court of competent jurisdiction may enjoin the filing or prosecution of any arbitration or litigation and <br>(2)	unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the Dispute. <br><br>2.	Individual Arbitration<br>IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND CYGAMES AGREE THAT SUCH DISPUTE SHALL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT NEITHER PARTY WILL HAVE, AND WE EACH HEREBY WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE ITS CLAIMS, AND THAT NEITHER YOU NOR CYGAMES IS PERMITTED TO PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. <br>All such Disputes shall be exclusively submitted to JAMS <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2F%28https%3A%2F%2Fwww.jamsadr.com%29" target="_blank" rel=" noopener">(https://www.jamsadr.com)</a> for binding arbitration under its rules then in effect (as modified by these Dispute Resolution Procedures) before one arbitrator to be mutually agreed upon by both parties (a Dispute submitted to JAMS for arbitration being a “Demand for Arbitration”). The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (the “Minimum Standards”) if (and only if) it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute. <br>The Minimum Standards are available at <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2Fwww.jamsadr.com%2Fconsumer-minimum-standards" target="_blank" rel=" noopener">http://www.jamsadr.com/consumer-minimum-standards</a>. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, you may choose to (i) have the arbitration conducted solely on the basis of the documents submitted to the arbitrator or (ii) hold a hearing by teleconference or videoconference. <br>The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that
                 all 
                prior understandings of the parties relating to the subject matter
                or any part
                 of this Agreement 
                and/or the Individual Service Agreement, whether those prior understandings were electronic, oral, or written, or whether established
                is void or voidable. For the avoidance of doubt, you and Cygames agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of these Dispute Resolution Procedures or the arbitrability of any claim or counterclaim. The award rendered
                 by 
                custom, practice, policy, or precedent, between the parties.
                the arbitrator, if any, may be confirmed and enforced in a court of competent jurisdiction. 
                <br>3.	
                Our failure to act
                Mass Arbitration<br>This Section 3 of the Dispute Resolution Procedures applies to Mass Arbitrations (defined below) and supersedes any provision to the contrary in this Agreement. <br>If you or Cygames files a Demand for Arbitration that is one of fifty (50) or more similar Demands for Arbitration filed against the other party (i.e., against you or Cygames, as applicable) by parties represented by the same law firm or law firms acting in coordination (“Mass Arbitration”), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance
                 with 
                the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Procedures”). The Mass Arbitration Procedures are available at <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=https%3A%2F%2Fwww.jamsadr.com%2Fmass-arbitration-procedures" target="_blank" rel=" noopener">https://www.jamsadr.com/mass-arbitration-procedures</a>. <br>You and Cygames agree that, in the event of a Mass Arbitration, any issues arising under or relating to (i) the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable, or (ii) the jurisdiction of the arbitrator, including any objections with 
                respect to 
                the existence, scope, or validity of these Dispute Resolution Procedures or the arbitrability of any claim or counterclaim, shall be decided by 
                a 
                court of competent jurisdiction. <br>4.	Exceptions<br>Notwithstanding any other provision of this Agreement, you or Cygames may (i) bring an individual claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction) and (ii) file an individual claim in court to <br>(1)	enjoin the infringement or other misuse of its intellectual property rights or <br>(2)	seek a declaration that the other party is in 
                breach 
                of this Agreement. <br>You and Cygames agree that any claims referenced in the preceding sentence must be brought and maintained on an individual basis. <br>In addition, nothing in this Agreement prohibits you or Cygames from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).<br><br>5.	Severability<br>If any provision of this Agreement is found to be invalid 
                by 
                you or others does
                any court having competent jurisdiction, the invalidity of such provision shall
                 not 
                waive our right to act with respect to a subsequent or similar breach or breaches. If Cygames does not exercise or enforce any legal right or remedy which is contained in
                affect the validity of the remaining provisions of
                 this 
                Agreement or the Individual Service Agreement (or which Cygames has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Cygames' rights, and all such rights or remedies shall still be available to Cygames. Any waiver must be in writing and signed by both parties to be legally binding.<br><br>Article 19 	Force Majeure<br>Cygames is not and shall not be liable for any failure to perform its obligations hereunder due to external, unforeseeable, and irresistible circumstances, such as changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures (including network infrastructure failures related to the platform on which the service(s) is provided), strikes, pandemics (including government requests relating to a pandemic), or shortages of transportation facilities, fuel, energy, labor, or materials.
                Agreement.
                <br><br>Article 20	
                Governing Law and Jurisdiction<br>Before bringing
                No Waiver<br>Our failure to act with respect to
                 a 
                breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Cygames does not exercise or enforce any legal right or remedy which is contained in this Agreement or the Individual Service Agreement (or which Cygames has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a 
                formal 
                legal case, the Customer should contact
                waiver of
                 Cygames’ 
                Customer Support team. Most disputes can
                rights, and all such rights or remedies shall still
                 be 
                resolved that way. This Agreement shall
                available to Cygames. Any waiver must
                 be 
                governed 
                in 
                all respects
                writing and signed
                 by 
                the laws of Japan. The Customer agrees that any claim or dispute the Customer may have against Cygames must
                both parties to
                 be 
                resolved exclusively by the Tokyo District Court in Japan. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisions of the region in which the user resides in shall remain unaffected by this choice of law.<br><br>For residents of the United States, the following shall apply in place of 
                legally binding.<br><br>
                Article 
                20:<br>Please note, the arbitration provision set forth below requires you to arbitrate any claims you may have against us on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.<br><br>New Jersey’s Truth-in-Consumer, Contract, Notice, and Warranty Act<br>Under the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (“TCCWNA”), N.J.S.A., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by New Jersey or federal law. Further, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable, or inapplicable in certain jurisdictions without specifying whether such provisions are or are not void, unenforceable, or inapplicable in New Jersey. As such, please note the following:<br>• The limitations of liability and waiver of damages in Article 13(6) are not applicable to New Jersey residents.<br>• The indemnification requirement in Article 15 is not applicable to New Jersey residents.<br>• The provisions limiting a Customer’s right to a return or refund in Articles 7(3), 7(6), 9(2), and 13(2) are applicable to New Jersey residents.<br><br>Disputes and Agreement to Arbitrate<br>This Agreement is governed by the laws of Japan, without resort to its conflict of laws principles. You further agree that any disputes or claims not subject to the arbitration provision discussed below shall be resolved by Tokyo District Court and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. <br>If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. <br>By using Cygames Services, you and Cygames agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of our Services, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. <br>Notice shall be sent:<br>(1) to Cygames through: the e-mail([email protected]), or<br>(2) to the customer at: the contact details provided separately by the customer.<br>Both you and Cygames agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. <br>IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS <a class="bb_link" href="https://steamcommunity.com/linkfilter/?u=http%3A%2F%2F%28www.jamsadr.com%29" target="_blank" rel=" noopener">(www.jamsadr.com)</a> for binding arbitration under its rules and before one arbitrator to be mutually agreed upon by both parties. The JAMS rules that will apply are the rules in effect at the time the arbitration takes place.<br>The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable.  <br>The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).<br><br>Article 
                21
                	Third party rights<br>This Agreement is between the Customer and Cygames. No other person shall have any rights to enforce any of its terms.<br><br>Article 22	No Waiver<br>If Cygames does not insist immediately that the Customer does anything required under this Agreement, or if Cygames delays in taking steps against the Customer in respect of breaking this contract, that will not mean that the Customer does not have to do those things and it will not prevent Cygames from taking steps against the Customer at a later date. For example, if the Customer misses a payment and Cygames does not chase you but continues to provide the Service(s), Cygames can still require the Customer to make the payment at a later date.<br><br>Article 23		No Agency<br>No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between the Customer and Cygames by this Agreement.<br><br>Article 24
                   Consumer’s Rights<br>For residents of California, the following shall apply: <br>Under California Civil Code Section 1789.3, residents of California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer 
                Service(s)
                Services
                 of the California Department of Consumer Affairs may be contacted in writing at 
                400 R Street, Suite 1080,
                1625 North Market Blvd.,
                 Sacramento, 
                California, 95814,
                CA 95834,
                 or by telephone at (916) 445-1254 or (800) 952-5210.
                 You may contact Cygames at [email protected] (email).
                <br><br>For residents of South Korea, the following shall apply:<br>Refund of 
                Fee-based
                Fee-Based
                 Services
                <br>1. Notwithstanding Articles 7(3) and 13(2), the Customer may cancel any Fee-based Service and demand a refund within seven (7) days from the purchase date or the start date of the Fee-based Service; provided, however, the Customer will not be entitled to a refund in any of the following cases:
                <br>1.	
                the product
                Notwithstanding Article 7(3), the Customer may cancel any Fee-Based Service and demand a refund within seven (7) days from the purchase date or the start date of the Fee-Based Service; provided, however, the Customer will not be entitled to a refund in any of the following cases:<br>(1)	the goods or services are lost or damaged due to a cause attributable to the Customer;<br>(2)	the Customer has used or partially consumed the goods or services;<br>(3)	the resale of the goods or services
                 is 
                lost or damaged
                difficult
                 due to 
                the passage of time;<br>(4)	the packaging of reproducible goods or services is damaged;<br>(5)	the provision of Services or digital content has begun (excluding the parts that have not yet begun to be provided in the case of 
                a 
                cause attributable to the Customer;
                contract consisting of divisible Services or divisible digital content); or<br>(6)	any other reason stipulated by law to ensure the secure transaction of the product.<br>In the event that the Customer may not cancel a Fee-Based Service for reasons 2 through 5 above, Cygames shall take measures to ensure that the Customer is not blocked from exercising the cancellation right by clearly indicating such fact on a location that is easily noticeable by the Customer. 
                <br>2.	
                Notwithstanding the provision above, if the contents of the Fee-Based Service are different from the labeling, advertisement, or terms of the agreement, 
                the Customer 
                has used or partially consumed the product;
                may cancel a Fee-Based Service within three (3) months of the purchase date or start date of the Fee-Based Service, or thirty (30) days from the date in which the Customer realizes or could have realized a discrepancy. 
                <br>3.	
                the resale of the product
                In the event the Customer cancels any Fee-Based Service, Cygames shall immediately withdraw/delete the Fee-Based Service and refund the payment for the Fee-Based Service made by the Customer within three (3) business days of withdrawal/deletion; provided, however, if any of the cancelled products or Services have been already used or consumed in part by the Customer, Cygames may only refund the amount remaining after deducting the value of the Fee-Based Service that has already been used or consumed by the Customer.<br><br>For residents of France, Germany, Spain, Italy, and the United Kingdom, the following shall apply:<br>Right to Withdrawal and Instructions for the Right to Withdrawal<br>You have the right to withdraw from any purchase within 14 days without giving any reason.<br>The withdrawal period will expire after 14 days from the day you enter the contract for any purchase.<br>To exercise the right to withdrawal, you must inform us of your decision to withdraw from the contract with a clear statement (e.g. a letter sent by mail, fax, or email). You may use the Model Withdrawal Form below, but it
                 is 
                difficult due to the passage of time;<br>4.
                not obligatory. We will confirm the receipt of your withdrawal without undue delay on a durable medium.<br>To meet the withdrawal deadline, it is required of you to send your request concerning the exercise of your right to withdrawal before the withdrawal period has expired.<br><br>Effects of Withdrawal <br>If you withdraw from any purchase, you will still need to pay for any services provided up to the time you withdraw, but we will reimburse you for the balance of all payments we have received from you for the purchase after deducting such amount.<br>We will make the reimbursement without undue delay and no later than 14 days after the day on which we are informed about your decision to withdraw from this contract. <br>We will make the reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. <br><br>Early Expiration of the Right to Withdrawal<br>In relation to purchase of Game Items, the right to withdrawal expires if you commence using the Game Items after you have expressly consented to such commencement prior to the expiry of the withdrawal period, and you have acknowledged that by this consent you lose your right to withdraw.<br><br>Model Withdrawal Form<br>(If you want to withdraw from the contract, please complete and return this form.)<br>- To Cygames, Inc.:<br>I hereby give notice that I withdraw from my contract [for the supply of the following digital content/for the provision of the following service]:<br>- Ordered on:<br>- Name of Customer(s):<br>- Address of Customer(s):<br>- Signature of Customer(s) (only if this form is notified on paper):<br>- Date:<br><br><br>The following shall also apply for residents of France, Germany, Spain, Italy, and the United Kingdom:<br>
                	
                the packaging of
                The limitations of liability and waiver of damages in Article 12(3) are not applicable.<br>	Notwithstanding Article 12(9), <br>(1)	under applicable consumer law, the Customer may be entitled to
                 a 
                reproducible product is damaged; or<br>5.
                refund if Services are not as described or of satisfactory quality; and<br>(2)
                	
                any other reason stipulated by law to ensure the secure transaction of the product.<br>In the event that the Customer may not cancel a Fee-based Service for reasons 2 through 4 above, Cygames shall take measures to ensure that the Customer is not blocked from exercising the cancellation right by clearly indicating such fact on the product’s packaging or another location that is easily noticeable by the Customer, or providing a test sample of the product to the Customer. <br>2. Notwithstanding the provision above, if the contents of the Fee-based Service are different from the labeling, advertisement, or terms of the agreement, the Customer may cancel a Fee-based Service within three (3) months of the purchase date or start date of the Fee-based Service, or thirty (30) days from the date in which the Customer realizes or could have realized a discrepancy. <br>3. In the event the Customer cancels any Fee-based Service, Cygames shall immediately withdraw/delete the Fee-based Service and refund the payment for the Fee-based Service made by the Customer within three (3) business days of withdrawal/deletion; provided, however, if any of the cancelled products or Services have been already used or consumed in part by the Customer, Cygames may only refund the amount remaining after deducting the value of the Fee-based Service that has already been used or consumed by the Customer.<br><br>For residents of France, Germany, Spain, Italy, and the United Kingdom, the following shall apply:<br>Right to Withdrawal and Instructions for the Right to Withdrawal<br>You have the right to withdraw from any purchase within 14 days without giving any reason.<br>The withdrawal period will expire after 14 days from the day you enter the contract for any purchase.<br>To exercise the right to withdrawal, you must inform us of your decision to withdraw from the contract with a clear statement (e.g. a letter sent by mail, fax or email). You may use the Model Withdrawal Form below, but it is not obligatory. We will confirm the receipt of your withdrawal without undue delay on a durable medium.<br>To meet the withdrawal deadline, it is required of you to send your request concerning the exercise of your right to withdrawal before the withdrawal period has expired.<br><br>Effects of Withdrawal <br>If you withdraw from any purchase, you will still need to pay for any services provided up to the time you withdraw but we will reimburse you for the balance of all payments we have received from you for the purchase after deducting such amount.<br><br>We will make the reimbursement without undue delay and no later than 14 days after the day on which we are informed about your decision to withdraw from this contract. <br>We will make the reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. <br><br>Early Expiration of the Right to Withdrawal<br>In relation to purchase of Game Items, the right to withdrawal expires if you commence using the Game Items after you have expressly consented to such commencement prior to the expiry of the withdrawal period, and you have acknowledged that by this consent you lose your right to withdraw.<br><br>Model Withdrawal Form<br>(If you want to withdraw from the contract, please complete and return this form.)<br>- To [here the trader’s name, geographical address and email address are to be inserted by the trader]: [..]<br>I hereby give notice that I withdraw from my contract [for the supply of the following digital content/for the provision of the following service]:<br>- Ordered on:<br>- Name of Customer(s):<br>- Address of Customer(s):<br>- Signature of Customer(s) (only if this form is notified on paper):<br>- Date:<br><br>The following shall also apply for residents of France, Germany, Spain, Italy, and the United Kingdom:<br>• The limitations of liability and waiver of damages in Article 13(6) are not applicable.<br>• Notwithstanding Articles 12(1) and 13(1) and subject to certain exceptions, <br>(i) under applicable consumer law, the Customer may be entitled to a refund if Services are not as described or of satisfactory quality; and<br>(ii) 
                under applicable consumer law, the Customer may be entitled to a repair of the Device or compensation if the Customer can show the fault of Services has damaged the Device and Cygames did not use reasonable care and skill.  <br>
                
                
                Article 
                20
                19
                 shall not prohibit the Customer from bringing a claim or dispute against Cygames in the country of the Customer's habitual residence.<br><br>
    
            
Terms of Service Agreement
~
Effective Date: January 12, 2024 Last Updated: April 23rd, 2026
~
The terms of this Service Agreement (hereinafter referred to as “this Agreement”) are for the “Granblue Fantasy: Relink” games and service operated and provided by Cygames, Inc. (hereinafter referred to as “Cygames”) and includesinclude the software, patches, downloadable content, applications and other content that need to be installed when using the “Granblue Fantasy: Relink” service (together referred to as this “Service” or “the Service(s)”). Capitalized terms not defined in the text of this Agreement are defined in Article 1.
By using the Services, you (“Customer”) agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, please do not use the Services.
~
Article 1 Definitions The following terms are used in this Agreement. 1. The “Customer” refers to the user of the Service(s) provided under this Agreement. 2. An “Account” refers to the Customer’s information that is on file with CygamesCygames, and it is the identifier issued by Cygames to identify the Customer. 3. The “Individual Service Agreement” refers to the terms and conditions which are presented to each Customer, in addition to this Agreement, under names such as “agreement,” “guidelines” or “policy” and to which the Customer’s use of the Service(s) is also subject. 4. “Content” refers to the content that can be used, viewedviewed, and accessed through the Service and includes text, audio, music, images, videos, software, programs, codes, Customers’ usernames, and other proprietary information. 5. “Device” means the device (including hardware and peripherals such as home video game consoles and personal computers) with which the Customer uses the Services. 6. A “Fee-based“Fee-Based Service” refers to a service or Content that requires the payment of a usage fee by the Customer. 7. “Game Items” meanmeans virtual items that may only be used exclusively within the Service.Services.
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Article 2 Consent to the Agreement 1. The Customer’s use of the Service is subject to the Customer consenting to the terms and conditions of this Agreement and the Individual Service Agreement. The Customer agrees to use the Service within the scope set forth by Cygames in accordance with the terms and conditions set forth by Cygames (e.g.(e.g., age and usage environment). 2. In the event that the Customer does not consent to this Agreement or the Individual Service Agreement, the Customer shall not be entitled to use the Service, and shall immediately cease downloading, installinginstalling, or using the Service. In the event that the Customer has already installed the Service(s), the Customer shall uninstall the Service(s). 3. In the event that an Individual Service Agreement has been established in relation to the Service, the Customer shall use the Service in accordance with the provisions of the Individual Service Agreement in addition to this Agreement. 4. In the event that there is a discrepancy in the content of this Agreement and the Individual Service Agreement, the content set forth in the Individual Service Agreement shall be applied in preference. 5. THE CUSTOMER MUST BE AT LEAST AGE THIRTEEN (13) TO ACCESS OR USE THE SERVICE(S) OR CREATE AN ACCOUNT. By accessing, usingusing, and/or submitting information to or through any of the Services, you represent that you are not younger than age 13. 6. For users at least 13 years of age but under the age of majority in the country where they live: THE PARENT OR GUARDIAN MUST PROVIDE CONSENT TO THEIR CHILD’S REGISTRATION WITH OR USE OF THE SERVICES. THE PARENT OR GUARDIAN AGREES TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO SUCH CHILD’S USE OF THE SERVICES. 7. A person with parental authority for a minor accepts full responsibility for any unauthorized use of the Service(s) by that minor. A person with parental authority for a minor is responsible for any use of their credit card or other payment instrument (e.g.(e.g., PayPal) by the minor.
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Article 3 Changes to the Agreements and Disclaimers 1. Cygames reserves the right to amend this Agreement and/or the Individual Service Agreement (i) in the event that Cygames considers that amendments need to be made for legal reasons including any changes in laws, (ii) due to technical necessity, (iii) in order to maintain company operations, (iv) for the benefit of the user, and/or (v) if Cygames determines for any other reason, in its sole discretion, that such amendments are required. 2. Cygames shall inform the registered Customers about the proposed amendment via its website or in-game messages, at least 30 days before the amendment is scheduled to take effect.messages. 3. The Customer is entitled to object to any amendment of this Agreement or the Individual Service Agreement until the amendment becomes effective. Once the amendment becomes effective, the objecting Customer must immediately cease downloading, installing, and using this Service. In the event the objecting Customer has already installed the Service, the Customer shall uninstall the Service. 4. If the Customer does not expressly object to an amendment of this Agreement or the Individual Service Agreement or if the Customer uses the Service(s) again after the amended terms and conditions become effective, it shall be deemed that the Customer consents to this Agreement or the Individual Service Agreement as amended.
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Article 4 Handling of Personal Information Cygames shall handle the personal information obtained from the Customer in accordance with the “Privacy Policy”,Policy,” as set forth separately by Cygames.
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Article 5 Limited License of Rights (e.g.(e.g., Intellectual Property) 1. The Service(s) are provided for the Customer’s enjoyment, and unless otherwise specified, solely for the Customer’s own personal use. Cygames hereby grants the Customer a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Service(s) and any game or Content included thereunder for the Customer’s own non-commercial entertainment purposes, subject to the Customer’s complete compliance with this Agreement and the Individual Service Agreement. The Customer acknowledges that the time spent on or using the Service(s), including and without limitation on any underlying game or Content, is solely for the Customer’s personal entertainment purposes, and that no monetary value can be attributed to such time, and that, except for the license granted herein, the Customer is not entitled under the law to use or have access to the Service(s) and/or the Content. 2. Between the parties, Cygames shall own all rights and titles in and to (i) the Content, including the text, software, images, programs, trademarks, logos, and any other features of the Content that is part of the Service(s), and (ii) all code, programming, and any associated patents or proprietary rights related to the Service(s) or the underlying game. This Agreement shall not transfer any rights (e.g.(e.g., intellectual property rights) relating to the Service(s) to the Customer other than the right to access and use the Service(s) set out in Article 5(1). The Customer acknowledges that Cygames’ intellectual property contained within the Content and the Service(s) areis valid and protected in all media existing now or developed later in the future, and acknowledges that the Customer does not acquire any ownership rights in or to the intellectual property. 3. Cygames does not grant the Customer any express or implied rights or licenses in or to the Service(s) and/or the Content other than what is expressly set forth herein. Furthermore, the Customer may not modify, copy, adapt, reverse engineer, de-compile or otherwise reduce to a human perceivablehuman-perceivable format, distribute, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, the Content. 4. Cygames reserves the right to modify, amend, and update the Content and the Service(s) at any time and for any reason. The Customer agrees that Cygames will not be liable to the Customer or any third party for any such modification, suspension, or termination. 5. Cygames reserves the right to set, create, and change at its discretion the specifications, rules, design, audiovisual expressions, effects, parameters, scenarios, and all other matters in the Content and the Service(s). 6. The Content contains copyrighted material, trademarks, and other proprietary information, including videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics. The Content is subject to copyrights owned by Cygames and other individuals or entities and is protected by copyright laws. 7. The names, trademarks, service marks, and logos of Cygames belong exclusively to Cygames and are protected from reproduction, imitation, dilution, or confusing or misleading use under trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of the trademarks is expressly prohibited and nothing stated or implied in connection with the Services grants you any license or right under any patent or trademark of Cygames or any third party.
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Article 6 Account and Password 1. The Customer will ensure that any username selected for yourthe Customer’s Account does not include personal information, does not infringe on any third-party rights, and is not otherwise unlawful. Cygames reserves the right to refuse to grant the Customer a username for any reason, including if it potentially impersonates someone, is vulgar, is otherwise offensive, or may cause confusion. The Customer does not own any rights to the username and Cygames reserves the right to change or delete any username, with or without prior notice to the Customer, at any time and for any reason in its sole discretion. 2. The Customer acknowledges that the Customer does not have any ownership or proprietary rights to the Account. The Customer cannot transfer, loan, or pass on any of the usage rights in this Service to a third party. 3. To create an Account, we may require or request that you provide us with certain information, including personal information. When you decide to provide Cygames with your information, you agree to: (a) (1) provide accurate information about yourself as prompted by the Account registration process and (b) (2) maintain and update your information to keep it accurate and current. If any information provided by you is untrue, inaccurate, not current, or incomplete, Cygames has the right to terminate your access to and use of the Services. 4. Cygames shall bear no responsibility or liability for any issue that arises as a result of a defect or mistake in the information registered by the Customer when the Customer uses this Service, and the Customer releases Cygames from all liability or responsibility for any actions taken which relate to the incorrect information.Service. THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF THEIR ACCOUNT OR GAME ITEMS. 5. The Customer shall take all appropriate safety measures against the unauthorized use of the Account by any third party with reasonable care. (1) The Customer shall in particular: - safeguard the confidentiality of the Account’s username and password in particular when using national or international media, private correspondence, social media, or a service on the Internet;internet, thisand entails among others that the Customer shall: • not communicatedisclose theirsuch username or passwordinformation to any third party; • only keep, if at all, encoded and separate written records of the username and the password, and keep those separate records in places protected against the access by any third party; • change the password at regular intervals, at least once a year; - secure access to the hardware with which the Customer accesses the Service (i.e.(e.g., by implementing further passwords necessary to unlock the hardware, which again the Customer shall safeguard in the ways described in this Agreement); - safeguard any credit cards or other payment instruments (e.g. Paypal) which the Customer uses to effect payment for the Services against any unauthorized use by third parties; - in case the Customer has parental authority over a minor, • restrict the minor’s use of the Customer’s Account and • monitor, on a regular basis, that the minor does not use the Customer’s Account in spite of the prohibition to do so. (2) If the Customer breaches the obligations of this Agreement, he or she shall be liable according to the statutory damage claims and other claims permitted under relevant laws and regulations. 6. Cygames shall consider any acts performed by the Customer or by a third party on the Customer’s Account as the Customer’s own acts if the third party was able to use the Customer’s Account due to the Customer’s permission or fault. The Customer acknowledges that it is the Customer’s own responsibility to ensure that the information registered by the Customer when using the Service is not used in an unauthorized manner by a third party. It is the Customer’s responsibility to resolve any issue that arises as a result of the Customer releasing their Account details to a third party, whether by using national or international media, private correspondence, social media, a service on the Internet,internet, or any other method. The Customer acknowledges that Cygames shall bear no responsibility for any such misuse. 7. As between the parties, the Customer shall bear all liability and responsibility for any acts performed in the Services through the Customer’s Account and username by the Customer or by a third party on the Customer’s Account and username as the Customer’s own acts if the Customer could have prevented the use of the Account by applying reasonable care and in particular by complying with the obligations of this Agreement. 8. If the Customer violates this Agreement and does not comply with a warning notice, Cygames reserves the right to delete or suspend the Customer’s Account and information associated with the Customer’s Account. All of the Customer’s usage rights in this Service shall cease to exist when the Account is suspended, deleted, or revoked, regardless of the reason.
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Article 7 Provision of Service 1. Cygames reserves the right to change, suspend or terminate at its discretion the Service(s) and all the services provided using this Service. A complete termination of the Service(s) will be announced (e.g. by its website or in-game message) by Cygames six weeks before such termination takes effect, unless exceptional circumstances or legal requirements make such an announcement impossible. 2. If this Service is terminated under the preceding paragraph, the Customer cannot access the Customer’s Account once the Service(s) are terminated. 3. The Customer is not entitled to a refund, return, or other repayment in circumstances where there has been a cancelationcancellation by the Customer of the Fee-basedFee-Based Services other than to the extent that any such refund, return, or other repayment is required by applicable laws or regulations. 4. Notwithstanding any provision to the contrary herein, the Customer agrees that the Customer has no right or title in or to any Content, or Game Items, whether earned in the game or purchased from Cygames, or any other attributes associated with an Account or stored on the Service(s). THE CUSTOMER AGREES THAT GAME ITEMS HAVE NO CASH VALUE AND THAT CYGAMES HAS NO OBLIGATION TO EXCHANGE GAME ITEMS FOR ANYTHING OF VALUE. IF THE CUSTOMER’S ACCOUNT IS TERMINATED, OR SUSPENDED, GAME ITEMS AND THE ACCOUNT SHALL HAVE NO VALUE. Game Items may not be transferred, licensed, or sold. 5. Cygames reserves the right to charge fees for (or to provide at no charge or for promotion) the right to use Game Items. 6. To the extent that it is not inconsistent with the laws or regulations, Cygames has the right to modify or eliminate Game Items as it sees fit and in its sole discretion, and it will only be liable to the Customer for the exercise of such rights in cases of willful misconduct and gross negligence. For residents of France, Germany, Spain, Italy, and the United Kingdom, please refer to the special provisions for such residents in Article 24.
Article 8 Advertisements Cygames shall reserve the right to post the advertisements of Cygames or a third party in this Service at the discretion of Cygames.
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Article 9 Fees and Expenses 1. The costs pertaining to the purchase, introduction, and maintenance of a Device, the communication fees (e.g.(e.g., Datadata usage fees), and all other expenses necessary while using this Service shall be borne by the Customer. The Customer will pay all fees or charges incurred through itstheir Account, including applicable taxes at the time that the fee becomes payable. 2. Cygames may change the price for functions that are free or fee-based in thisthe ServiceServices at its sole discretion. CygamesThe mayCustomer notacknowledges informand agrees that the Customer ifmay be unable to use the price is to be decreased, but shall inform the CustomerServices in advancewhole ifor Cygamesin charges new fees for the functions which have been free before. The Customer shall be entitled to withdraw from the Agreement or, if applicable, terminate the affected Servicepart if the Customer does not accept the new price.price for functions. 3. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CUSTOMER IS FULLY LIABLE FOR ALL FEES AND CHARGES INCURRED OR MADE THROUGH THE ACCOUNT AND THAT, UNLESS OTHERWISE PROVIDED FOR HEREUNDER OR UNDER APPLICABLE LAW, THERE ARE NO REFUNDS FOR FEES AND CHARGES INCURRED OR MADE THROUGH THE CUSTOMER’S ACCOUNT. 3. The Customer hereby acknowledges and consents to the fact that it may no longer be possible to use part or all of this Service if the Customer does not consent to changes to pricing for functions.
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Article 10 Fee-basedFee-Based Services 1. This Service provides Fee-basedFee-Based Services for this Service on the PlayStation™Store operated by Sony Interactive Entertainment Inc., Sony Interactive Entertainment America, or Sony Interactive Entertainment Europe Limited (hereinafter collectively referred to as “SIE Group Companies”), Steam operated by Valve Corporation, Nintendo eShop operated by Nintendo Co., Ltd., and other platforms. 2. Fee-basedFee-Based Services can only be used as long as the Service(s) are provided. After the termination of the Service(s), the Customer cannot continue to use any Fee-basedFee-Based Services. 3. The pricing of the Fee-basedFee-Based Services shall be described before any purchase can be made. The price for the desired Fee-based Services will be shown in Euros, US dollars, or in another currency applicable to the Customer’s region. Cygames or a settlement agency (including but not limited to an intermediary platform holder) will have the right to amend or change the prices prospectively. If a price determined by Cygames or a settlement agency is amended, the amended price shall be displayed. 4. Customers can purchase Fee-based Services by selecting the desired Fee-based Services, selecting the desired payment method, and press the relevant button to confirm their intention to purchase the Fee-based Service, and which concludes the purchasing process. 5. The payment options may vary according to the Customer’s region and the technical feasibility of the payment options available in the market. 6. The money will be collected via the respective platform as specified at the point of purchase. 7. Statutory interest shall accrue in instances of default. 8. The Customer shall not be able to transfer items obtained in a Fee-basedFee-Based ServicesService to another Account or sell or transfer their Account. 9. If a minor uses such Fee-Based Service(s) under the Account of an adult, valid power of representation and the consent of such adult shall be required in order for the minor to use the Service(s) (including their consent to this Agreement, to the paragraphs in this article, and to the Individual Service Agreement) and only they shall be the contractual party of Cygames, bound by this Agreement. 10.5. If a minor of the age of 13 or above uses the Service, the consent of a legal representative such as a parent is necessary for all use of the Service, including use of Fee-basedFee-Based Services such as the purchase of items and services (including consent to this Agreement and Individual Service Agreements). 11.6. If a Customer who was a minor at the time of entering this Agreement or an Individual Service Agreement uses the Service after reaching adulthood, the Customer is deemed to have consented to all agreements relating to the use of the Service through the continued use of the Service.
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Article 11 Prohibitions 1. The Customer shall not commit any of the following acts in relation to the Service.Services, regardless of whether such actions occur inside or outside the Services. In addition, the Customer is prohibited from instructing, instigating,inciting, or coercing a third party to commit such acts. acts: (1) UsingAny act in violation of this Agreement, any act that infringes upon the Service(s)intellectual inproperty a manner that violates this Agreementrights or violatesother legally protected rights of Cygames or any applicablethird lawparty, orcriminal regulation. (2) Committingacts fraud (including computer fraud), obstructing business, intentionally interfering with the Service(s) or fair play, committing unauthorized access, bullying, distributing pornographic or inappropriate images, committingand other illegal acts, and actsany act that lead,is likely to constitute or maythat lead,promotes to a violationany of the law.preceding acts. (2) Any act that causes discomfort to third parties, such as stalking, making offensive remarks, harassment, posting Content that arouses feelings of disgust, etc. (3) InfringingPosting oninformation thethat ownershipcontains rightsnudity, andpornography, otherexcessive property rights, including but not limited to the copyright, publicity rights, other intellectual property rights, image rights, and other personal rights of Cygames or a third party. (4) Making discriminatory, slanderous, libelous (or otherwise defamatory),violence, or offensive statements. (5) Posting, writing,content, or uploading any contentinformation that includes expressions or content which harass, degrade, or abuse a third party, or which is otherwise inappropriate to a third party. (6) Posting, writing, or uploading violent or grotesque content, such as violent or grotesque photographs. (7) Stalking, relentlessly pursuing, sending large volumes of messages, or other similar acts contrary to the will of other Customers in a manner which can harass or intimidate them. (8) Postingcontains links to adultsuch sites,content. (4) Any datingact sites,that andinduces similaror sites,promotes andsuicide attemptingor drug abuse. (5) Inducing or soliciting others to inducecommit encountersantisocial acts, or providing benefits to or cooperating with otherantisocial people.forces. (9)(6) Political or religious activities, or soliciting people to join political or religious organizations. (7) Acquiring, disclosing, falsifying, or leaking (or committing acts that may result in the acquisition, disclosure, falsification, or leak of) information that can identify specific individuals (e.g.(e.g., names, titles, telephone numbers, e-mailemail addresses, andaddresses, addresses),location information, etc.), or the non-public information, trade secrets, or confidential information of companies, organizations, etc., without the permission of the rights holder or the person, company, or group to which the information relates. (10)(8) ImpersonatingClaiming Cygamesto be, hinting to be, or otherwise impersonating Cygames, an affiliate company or a related person of Cygames, or a third party,party; andor otherwise registering or posting false information. (11)(9) CommittingAny unauthorized access or acts with the intent of misleading Cygames or a third party. (12) Advertising, announcing, soliciting for, and carrying out transactions in pyramid schemes, multi-level marketing systems, network businesses, and other transactions similar to a chain structure related to the Service(s) or Content. (13) Committing acts which relate to the Service(s) or Content and areact intended to make a profit without the consentpermission of Cygames.Cygames (including the act of soliciting transactions similar to pyramid schemes, etc.) (14)(10) The unauthorized acquisition of various Content provided by Cygames through the Services (including, but not limited to, Content provided in the Fee-Based Services; hereinafter referred to as “In-Service Content”) or any other rights or benefits available to users in the Services in whole or in part, whether for free or for consideration; or disposing of such contents and rights etc. by transferring them to a third party, etc. (other than in the manner approved by Cygames); or any act that promotes such acts. (11) Trading theAccounts, GameIn-Service Items,Content, and similar thingsetc. for profit with real-world cash,money, property,goods, services, or other assetseconomic benefits (so-called “real“real-money money trade”),trading”), as well as performing any preparatory acts, including inducing another to trade, making offers to trade, or accepting offers to trade,trade. (12) Soliciting regardlessor inviting, while within the Services, users to use other services (except as approved by Cygames). (13) Providing links with the intention of whetherpromoting an act that is prohibited under this paragraph with the knowledge that such actionsact occurfalls insideunder any of the items listed in this paragraph. (14) Disassembling, decompiling, or outsidereverse thisengineering Service.the Services; or any act that Cygames deems hinders or may hinder related data (including rights notices), servers, and network systems, such as operating, modifying, acquiring, distributing, publishing, damaging, removing, or gaining unauthorized access to related data (including rights notices), servers, and network systems. (15) AcquiringReplicating, intransmitting, antransferring, unauthorizedrenting, mannertranslating, adapting, or altering the variousServices, contentsor combining the Services with other software. (16) Using, creating, distributing, or selling technical means such as external tools and bots, or modified devices, which are not provided by Cygames throughand thisthat Serviceaffect (including,the butServices; or any act of using these to manipulate the Services without the permission of Cygames. (17) Intentionally inducing or utilizing malfunctions of the Services, or using the Services for purposes not limitedintended to,by contents and items provided inCygames. (18) Using the Fee-basedAccount Services),of hereinafteranother referredCustomer, toholding asmultiple “In-service Content”,Accounts, or committingsharing actsan thatAccount facilitatebetween multiple people without the unauthorized acquisitionpermission of In-serviceCygames; Content. (16) Transferringor transferring to a third party or allowing a third party to use an Account, In-serviceIn-Service Content, or part or all of the rights and benefits available to the Customer in thisthe ServiceServices in exchange for cash or other assets,assets andwithout advertising,the announcing,permission of Cygames. (19) Making unreasonable inquiries or soliciting such exchanges. (17) Inducing othersrequests to commitCygames suicide(e.g., unnecessarily repeating a question or hurtsimilar themselves. (18) Inducing others to commit antisocial behaviors. (19) Providing links with the intention of promoting an act which is prohibited under this paragraph.questions). (20) Facilitating the raising of a ranking of a user or acquiringthe acquisition of prizes in the ServiceServices by intentionally disconnecting the network during online play or repeatedly losing to certain other users. (21) CommittingAny other acts which may be judged to be inappropriate by Cygames. 2. The Customer shall not commit any of the following acts, or similar acts, which may hinder or disturb the operation of the Service, regardless of whether such acts are committed inside or outside of the Service. In addition, the Customer is prohibited from instructing, instigating, or coercing a third party to commit such acts. They are prohibited from doing the following, inter alia: (1) Attempting to use (in a manner that is not authorized), operate, or change the data in the System. (2) Using the Service(s) in a manner that (i) overburdens the System, (ii) sends anything that contains a virus or other code intended to do harm, (iii) uses a bot or script to scrape the Service(s) or Content, (iv) uses any game cheat or hack, or (v) uses other technical measures not provided by Cygames. (3) Replicating, transmitting, transferring, renting, translating, adapting, or altering the Service or combining the Service with other software. (4) Deleting or changing the copyright notices attached to this Service or other rights notices. (5) Framing or mirroring any part of the Services without Cygames’ written permission. (6) Using, creating, distributing, or selling external tools that have an impact on this Service. (7) Transmitting identical or similar messages to a large number of Customers or transmitting messages to any individual Customer multiple times (unless permitted by Cygames). (8) Exchanging the right to use the Service(s), or any Content, or any of the rights contained in the Service(s) (or Content) for cash, property, labor, or other economic benefit or transferring, sublicensing, or otherwise disposing of such rights (except in a manner which is permitted by Cygames). (9) Committing acts that interfere with the System used as part of this Service. (10) Using the Account of another Customer. (11) Claiming to be, hinting to be, or suggesting to be in affiliation with or otherwise impersonating an affiliation with Cygames, an affiliate company, or a related person. (12) Sharing an Account between multiple people without the consent of Cygames. (13) Accessing this Service with a Device that has been modified (e.g. rooted or jailbroken). (14) Altering, damaging, disassembling, decompiling, or reverse engineering this Service. (15) Making unreasonable inquiries or requests to Cygames (e.g. unnecessarily repeating a question or similar questions). (16) Intentionally utilizing malfunctions or bugs of this Service. (17) Intentionally inducing malfunctions or bugs of this Service. (18) Using this Service for purposes not intended by Cygames. (19) Committing any other equivalent or similar act that Cygames deems interferes with, hinders, or damages, or may interfere with, hinder, or damage theCygames’ operation of thisthe Service by CygamesServices or the use of this Service by another Customer. 3. If Cygames suspects that (i) the Customer has committed, or may commit, a prohibited act, (ii) the Customer admits to committing a prohibited act, or (iii) Cygames determines the Customer’s use of thisthe Service is inappropriate, Cygames, in its sole discretion,Services. 2. Cygames shall reserve the right to take the following measures. (1) Requestingmeasures if Cygames has confirmed that the Customer stopshas committed or is likely to commit an act that corresponds to a prohibited act, or if Cygames determines the Customer’s use of the Services are inappropriate, or if the Customer admits to committing a prohibited act: (1) Request the Customer to stop the prohibited act and does not undertakerepeat anysaid similar acts.act. (2) RevokingRevoke items or similar things acquired by the Customer and takingtake other punitive measures in thisthe Service.Services. (3) Stopping part or all ofSuspend the Customer’s use of the Service.Services in whole or in part. (4) StoppingSuspend or deletingdelete the Customer’s Account. (5) RevokingRevoke the rights obtained through prohibited acts. (6) DisclosingDisclose inside and outside the ServiceServices the relevant facts of the prohibited acts, including making a report to the police or another public agency in the case that the prohibited act may constitute a criminal case, administrative case, or other casecase. (7) Take other measures that mayCygames correspond to this. (7) Taking other equivalent measures determined by Cygamesdeems to be necessary and appropriate. 4.3. Cygames shall reserve the right not to provide Cygames services, including the Service,Services (including refusal to provide services and deletion of registered accounts for other services), to a Customer whose Account has been deleted under item (4) of the preceding paragraph 3.paragraph. Cygames may store personal information etc. to the extent necessary to take such measures.
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Article 12 Limitations of the Services 1. TheCygames shall not bear responsibility in the event that the Services andare anyunavailable information and materials provided ontemporarily or throughfor an extended period, or the Service(s),Services includingthemselves withoutare limitation, Game Items, Content, and any other data, text, pictures, graphics, audio, video, icons, games, software, and upgrades for use in gamessuspended or onterminated, or through the Service(s) ARE PROVIDED ”AS IS”. The Customer shall use the Service under the Customer’s own responsibility and judgment. Cygames provides no guarantees in regardsdue to the precision,following completeness,causes: (1) Natural accuracy,disaster validity,such applicability,as usefulness,an earthquake, tsunami, typhoon, thunder, heavy rain, flood, etc., or availabilityforce majeure events such as war, terrorism, revolution, labor disputes, etc.; (2) Temporary or large-scale maintenance of systems or other equipment necessary for the operation of the Service,Services; (3) Congestion as further detailed in this Article and Article 13. Moreover, Cygames shall provide no guarantees in regards toon the suitabilitynetwork line or a problem with the network provider, etc.; or (4) Other disruptions that affect the operation of the ServiceServices. 2. Cygames shall not bear responsibility for useany damage incurred by the Customer ordue onto the Deviceactions usedof third parties, such as unauthorized access to the Services, computer viruses, etc. 3. Cygames shall not bear responsibility for damages (including but not limited to indirect, incidental, special, or exemplary damages; damages for loss of business, loss of data, or lost profits; or damages for wrongful death/personal injury) incurred by the Customer (includingin recommendedconnection Deviceswith the Services, including those resulting from the termination or modification of the provision of the Services by Cygames. And in any case, the maximum liability of Cygames for all damage, loss, and Devicescauses indicatedof asaction havingshall be the recommendedtotal environmentamount withinpaid the Service). 2. Cygames provides no guarantee that it will be possible forby the Customer to accessCygames or usein the Servicepreceding atsix (6) months. 4. Cygames does not guarantee the timesafety, orlegality, placeetc. of the Customer’s choosing or that the Service shall be without interruption or error. 3. Cygames provides no guarantees in regards to the legality, integrity, safety, accuracy, or compliance with public morals of any third-party websitewebsites that can be accessed throughvia a linklinks from the Service. 4. CygamesServices, providesor no guarantees in regards toof products and services other than the Service provided by a third party that is providedparties in relation to the use of the Service.Services. Cygames is not responsible for any problems, promises, guarantees, etc. between the Customer and advertisers of advertisements placed on the Services, or for any losses or damage incurred by the Customer as a result. 5. Cygames shall not bear responsibility for damage incurred as a result of the Customer applying alterations, modifications, technical characteristics, etc. to the hardware or software of any devices and then not being able to properly use the Services. In addition, Cygames shall not take any action in this situation, such as restoring the Customer’s use of the Services. 6. Cygames does not guarantee the permanence of the information that the Customer has registered for the Services and shall not bear responsibility for any damage incurred by the Customer due to the Customer personally losing or forgetting registered information. In addition, Cygames shall bear no obligation to take any action in this situation, such as restoring the Customer’s use of the Services. The same shall also apply in the event that the Customer loses any registered information due to unauthorized use, loss, theft, failure, or any other reason in regard to the device used for the Services. 7. Cygames shall bear no obligation to respond to or take any action in response to any inquiries, ideas for improvement, or other suggestions or feedback from the Customer pertaining to the Services, etc. Any such response or action shall be at Cygames’ own discretion. 8. Cygames shall bear no obligation to repair bugs etc. in the Services or to reform or improve the Services. 9. The Customer shall use the Services at the Customer’s own risk and discretion. Cygames’ services and the Content are provided “as is” and without any guarantee as to the accuracy, completeness, correctness, validity, applicability, utility, or availability of the Services, either express or implied. Cygames does not guarantee the availability or accessibility of the Services at any time or place chosen by the Customer, or compatibility of the Services with the Customer’s intended use or the device used by the Customer (including devices recommended or presented as recommended devices or recommended user environments within the Services). 10. Cygames does not guarantee that the registered information etc. from the Customer’s previous device will be transferred to the new device when the Customer replaces the device used to access the Services with a new device due to repair or model change, etc., except in cases where Cygames specifically specifies otherwise. The same shall also apply in the event the Customer has deleted the app or Account information from their device, and to the transfer of registered information etc. when using the Services again. 11. No communication of any kind between the Customer and Cygames constitutes a waiver of any limitations of liability hereunder or creates any additional warranty not expressly stated in this Agreement. 12. The contents stipulated in this article shall be effective to the maximum extent permitted by applicable law.
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Article 13 DisclaimersTermination 1. If the Customer withdraws from the Services, all outstanding obligations owed by the Customer to Cygames at that time shall be fulfilled immediately by the Customer. 2. The Customer agrees that the Customer will lose any Content remaining at the time the Customer withdraws from the Services, such as Game Items, at the time of Warrantiessuch &withdrawal. 3. If LimitationCygames terminates the Customer’s access to the Services and use of Liability 1. CYGAMES’the SERVICESCustomer’s ANDAccount, THECygames CONTENTwill AREhave PROVIDEDno “ASliability IS”to ANDthe WITHOUTCustomer WARRANTIESfor OFany ANYtime KIND,spent EITHERby EXPRESSthe ORCustomer IMPLIED.or TOfor THEany EXTENTGame PERMITTEDItems BYacquired APPLICABLEby LAW,the CYGAMES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. CYGAMES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS DO NOT WARRANT THAT THE CUSTOMER’S USE OF THE SERVICES AND THE CONTENT, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES, WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO OPINION, ADVICE, OR STATEMENT OF CYGAMES OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE IN ASSOCIATION WITH THE SERVICES OR CONTENT, SHALL CREATE ANY WARRANTY. 2. CYGAMES SHALL NOT, UNDER ANY CIRCUMSTANCES, PROVIDE A RETURN OR REFUND FOR THE CONVENIENCE OF THE CUSTOMER OF MONEY THAT HAS BEEN PAID BY THE CUSTOMER OTHER THAN TO THE EXTENT THAT SUCH A RETURN OR REFUND IS REQUIRED BY APPLICABLE LAW/REGULATIONS. 3. CYGAMES SHALL NOT, UNDER ANY CIRCUMSTANCES, BEAR RESPONSIBILITY FOR DAMAGES IN REGARDS TO ANY DAMAGE SUFFERED AS A RESULT OF THE CUSTOMER APPLYING ALTERATIONS, MODIFICATIONS, OR TECHNICAL CHARACTERISTICS TO THE HARDWARE OR SOFTWARE OF ANY DEVICES AND THEN NOT BEING ABLE TO PROPERLY USE THIS SERVICE. IN ADDITION, CYGAMES SHALL HAVE NO RESPONSIBILITY TO PROVIDE ANY HELP OR ASSISTANCE TO REINSTATE THE USE OF THIS SERVICE IN SUCH AN EVENT.Customer. 4. CYGAMESCygames SHALLshall NOT,bear UNDERno ANYobligation CIRCUMSTANCES,to BEARretain RESPONSIBILITYany FORinformation ANY(e.g., DAMAGESpersonal SUFFEREDinformation) ASof Aa RESULTCustomer OFwho THEhas CUSTOMERwithdrawn PERSONALLYfrom LOSINGthe OR FORGETTING REGISTERED INFORMATION. IN ADDITION, CYGAMES SHALL PROVIDE ABSOLUTELY NO HELP TO REINSTATE THE USE OF THIS SERVICE IN SUCH AN EVENT. THE SAME SHALL ALSO APPLY IN THE EVENT THE CUSTOMER LOSES ANY REGISTERED INFORMATION DUE TO UNAUTHORIZED USE, LOSS, THEFT, FAILURE, OR ANY OTHER REASON IN REGARDS TO THE DEVICE USED IN THIS SERVICE. CYGAMES SHALL RESPOND TO INQUIRIES, IDEAS FOR IMPROVEMENT, OTHER SUGGESTIONS AND FEEDBACK FROM THE CUSTOMER PERTAINING TO THIS SERVICE UNDER ITS OWN DISCRETION AND JUDGMENT WITHOUT OBLIGATION TO PROVIDE A REPLY OR ANY KIND OF SUPPORT. CYGAMES MAY PROVIDE SUPPORT TO THE CONTENT OF INQUIRIES, IDEAS, SUGGESTIONS, FEEDBACK, AND SIMILAR FROM THE CUSTOMER. HOWEVER, THIS SHALL NOT BE INTERPRETED AS AN OBLIGATION TO PROVIDE INDIVIDUAL ANSWERS, REPORTS, OR FINANCIAL COMPENSATION TO THE CUSTOMER.Services. 5. CYGAMESThe SHALLprovisions NOT,of UNDERthe ANYpreceding CIRCUMSTANCES,four BEARparagraphs RESPONSIBILITYshall TOalso REPAIRapply BUGSin ORthe SIMILARcase INthat THISCygames SERVICEhas ANDtaken SHALLmeasures BEARto NOdelete OBLIGATIONthe TOCustomer’s REFORMaccount ORas IMPROVEspecified THISin SERVICE. 6. CYGAMESArticle AND11(2), ITSitem AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES; DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS; OR DAMAGES FOR WRONGFUL DEATH/PERSONAL INJURY) RESULTING FROM A CUSTOMER’S USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CYGAMES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CYGAMES IS TO DISCONTINUE YOUR USE OF THE SERVICES. UNDER ANY CIRCUMSTANCES, THE MAXIMUM LIABILITY TO CYGAMES AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY THE CUSTOMER TO CYGAMES IN THE PRECEDING TWELVE (12) MONTHS. 7. NO COMMUNICATION OF ANY KIND BETWEEN THE CUSTOMER AND CYGAMES CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.(4).
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Article 14 Termination 1. CygamesIndemnity The mayCustomer revoke the Customer’s license and terminate the Customer’s accessagrees to andreimburse use of the Service(s) and the AccountCygames for anyall damages resulting from the violation of this AgreementAgreement. The Customer releases Cygames from any third-party claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) that third parties may deleteincur as a result of or arising from the Customer’s Account,violation andof (i) this Agreement; (ii) any Game Items associated therewith. If Cygames revokes the Customer’s license and terminates the Customer’s access to and use of the Service(s) and the Account, Cygames will not have any liability to the Customer for any time spent by the Customerlaw or forregulation; anyor Game Items acquired by the Customer. If the Customer terminates the Service, all outstanding financial obligations owed by the Customer to Cygames shall be fulfilled immediately by the Customer. If the Customer dies, the Account will be terminated. 2. Cygames shall bear no obligation to retain any information (e.g. personal information) of(iii) a Customerthird party’s proprietary or Accountintellectual ifproperty theright. Customer’s Account has been terminated.
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Article 15 Indemnity TheProhibition Customer agrees to reimburse Cygames for all damages resulting fromon the violationTransfer of Rights and Obligations You shall not resell or assign your rights, duties, or obligations under this Agreement.Agreement, The Customer releases Cygames fromand any third-partyattempted claims, liabilities, damages, losses, costs, expenses,assignment or feesdelegation (includingwill reasonablebe attorneys’ feesvoid and courtof costs)no thatforce thirdor partieseffect whatsoever. This Agreement may incurbe asautomatically aassigned resultby ofCygames, orin arisingour fromsole thediscretion, Customer’s violation of (i) this Agreement; (ii) any law or regulation; or (iii)to a third party’sparty, proprietaryand orsuch intellectualan propertyassignment right.will inure to the benefit of our successors, assigns, and/or licensees.
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Article 16 ProhibitionPlayStation® Supplemental Terms This Article is supplementary to, and incorporated into as a part of, the terms of this Agreement for the Customer who uses the Service in products or services provided by SIE Group Companies. As for item (5) and item (6) of this Article, item (5) shall be applied if the Customer is a resident of Sony Interactive Entertainment America’s service territory, and item (6) shall be applied if the Customer is a resident of Sony Interactive Entertainment Network Europe Limited’s service territory. In addition, the provisions of each of the following items shall be applied preferentially insofar as the content thereof conflicts with the content of the other terms of this Agreement. (1) This Agreement is between Cygames and the Customer, not between SIE Group Companies and the Customer. (2) Cygames is solely responsible for the Service. (3) The license stipulated in the provisions of Article 5 is limited to the Customer’s use of the Service on a PlayStation® console owned or managed by the Customer or other systems provided by PlayStation™Network. (4) SIE Group Companies are a third-party beneficiary of this Agreement. (5) Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America. (6) Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the TransferPlayStation™Store. ofPlease Rightscheck andusage Obligations Yourights shallfor noteach resellpurchase oras assignthese yourmay rights,differ duties,from oritem obligationsto underitem. thisUnless Agreement,otherwise andshown, content available in any attemptedin-game assignmentstore or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by Cygames, in our sole discretion, to a third party, and such an assignment will inure tohas the benefitsame ofage ourrating successors, assigns, and/or licensees. Without limitingas the foregoing, we may sell, transfer or otherwise share some or all of our assets with any parent company, subsidiary, joint venture, and any company under our common control, as well as with a potential acquirer, lender, or investor, including in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. game.
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Article 17 PlayStation® Validity Supplementalof Terms This ArticleAgreement 1. If is supplementary to, and incorporated into as aany part of, the terms of this Agreement foror the CustomerIndividual whoService usesAgreement is or becomes invalid or unenforceable, the Service in products or services provided by SIE Group Companies. As for item (5) and item (6)rest of this Article,Agreement itemand (5)the Individual Service Agreement shall continue to apply and be appliedbinding, ifand any invalid or unenforceable term will be substituted with a valid and enforceable term that reflects Cygames’ intent as closely as possible. 2. This Agreement and the CustomerIndividual isService aAgreement residentcomprise ofthe Sonyentire Interactiveagreement Entertainmentbetween America’sparties servicerelating territory,to the subject matter, and itemsupersedes (6)all shallprior be applied if the Customer is a resident of Sony Interactive Entertainment Network Europe Limited’s service territory. In addition, the provisions of eachunderstandings of the followingparties itemsrelating shall be applied preferentially insofar asto the contentsubject thereof conflicts with the content of the other termsmatter of this Agreement. (1) This Agreement isand/or the Individual Service Agreement, whether those prior understandings were electronic, oral, or written, or whether established by custom, practice, policy, or precedent, between Cygames and the Customer, not between SIE Group Companies and the Customer. (2) Cygames is solely responsible for the Service. (3) The license stipulated in the provisions of Article 5 is limited to the Customer’s use of the Service on a PlayStation® console owned or managed by the Customer or other systems provided by PlayStation™Network. (4) SIE Group Companies are a third-party beneficiary of this Agreement. (5) Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America. (6) Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game. parties.
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Article 18 Validity Force of This AgreementMajeure 1. Except as described in Article 20, if any part of this Agreement or the Individual Service AgreementCygames is or becomes invalid or unenforceable, the rest of this Agreementnot and the Individual Service Agreement shall continue to apply and be binding, and any invalid or unenforceable term will be substituted with a valid and enforceable term that reflects Cygames’ intent as closely as possible. 2. This Agreement and the Individual Service Agreement comprise the entire agreement between parties relating to the subject matter, and (except in the case of fraud or a fraudulent misrepresentation) supersedes all prior understandings of the parties relating to the subject matter of this Agreement and/or the Individual Service Agreement, whether those prior understandings were electronic, oral, or written, or whether established by custom, practice, policy, or precedent, between the parties. 3. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Cygames does not exercise or enforce any legal right or remedy which is contained in this Agreement or the Individual Service Agreement (or which Cygames has the benefit of under any applicable law or regulation), such action or inaction shall not be takenliable for any failure to beperform its obligations hereunder due to external, unforeseeable, and irresistible circumstances, such as changes or problems caused by natural disasters, war, terrorism, riots, cyber attack, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures (including network infrastructure failures related to the platform on which the Service(s) is provided), strikes, pandemics (including government requests relating to a formalpandemic), waiveror shortages of Cygames'transportation rights,facilities, andfuel, allenergy, such rightslabor, or remedies shall still be available to Cygames. Any waiver must be in writing and signed by both parties to be legally binding.materials.
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Article 19 Force Governing Majeure Cygames is notLaw and Jurisdiction This Agreement shall not be liablegoverned in all respects by the laws of Japan. The Customer agrees that any claim or dispute the Customer may have against Cygames must be resolved exclusively by the Tokyo District Court in Japan. The UN Convention on Contracts for anythe failureInternational to perform its obligations hereunder due to external, unforeseeable, and irresistible circumstances, such as changes or problems caused by natural disasters, war, terrorism, riots, embargoes, actsSale of civilGoods or(CISG) militaryshall authorities,be fire,excluded. floods,The accidents,mandatory networkprovisions infrastructure failures (including network infrastructure failures related toof the platformregion onin which the service(s)user isresides provided),in strikes,shall pandemicsremain (includingunaffected governmentby requeststhis relating to a pandemic), or shortageschoice of transportation facilities, fuel, energy, labor, or materials.law.
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ArticleFor 20 Governing Law and Jurisdiction Before bringing a formal legal case, the Customer should contact Cygames’ Customer Support team. Most disputes can be resolved that way. This Agreement shall be governed in all respects by the laws of Japan. The Customer agrees that any claim or dispute the Customer may have against Cygames must be resolved exclusively by the Tokyo District Court in Japan. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisionsresidents of the regionUnited States, the following shall apply in which the user resides in shall remain unaffected by this choiceplace of law.Article 19: PLEASE NOTE THE DISPUTE RESOLUTION PROCEDURES (DEFINED BELOW), WHICH, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST CYGAMES ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
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For residentsChoice of theLaw United& States,Forum This Agreement is governed by the followinglaws of Japan, without resort to the conflict of laws principles of any jurisdiction. You further agree that any Disputes (defined below) not subject to arbitration pursuant to the Dispute Resolution Procedures shall applybe resolved by Tokyo District Court and you agree and submit to the exercise of personal jurisdiction of such court for the purpose of litigating any such claim or action. Notwithstanding the provision in placethe ofpreceding Articleparagraph 20: Pleasewith note,respect to applicable substantive law, any arbitration conducted pursuant to the arbitrationDispute provisionResolution setProcedures forthshall belowbe requiresgoverned youby tothe arbitrateFederal anyArbitration claimsAct you(9 mayU.S.C. have§§ against us on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.1-16).
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NewDispute Jersey’sResolution Truth-in-Consumer,Procedures If Contract,there Notice,is any controversy, claim, action, or dispute arising out of or related to your use of our Services, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), you and WarrantyCygames Act Underagree to resolve the NewDispute Jerseythrough Truth-in-Consumerthe Contract,following Warranty,procedures (the “Dispute Resolution Procedures”), even if the Dispute arose prior to the Effective Date of this Agreement. 1. Informal Dispute Resolution You and Cygames agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”). All Dispute Notices must: (i) be signed by the Complaining Party; (ii) include the Complaining Party’s name, physical address, and email address; (iii) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s individualized claim; and (iv) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice Actis (“TCCWNA”),limited N.J.S.A.,to consumersa single Dispute between you and Cygames. As such, your Dispute and the Disputes of other parties may not be offeredcombined into a single Dispute Notice. Dispute Notices shall be sent: (1) to Cygames: at the email address [email protected]; and (2) to Customer: by first-class or certified mail to the physical address we have on file for you (if any) and by email to the email address we have on file for you (if any). If we do not have any writtenaddress contracton whichfile includesfor you, or if we are, for any provisionreason, thatunable violatesto anyprovide clearlynotice established legal right of a consumer, or responsibility of a seller, as established by New Jersey or federal law. Further, undervia the TCCWNA,contact noinformation consumeron contractfile, maywe state that any of its provisions are or may be void, unenforceable, or inapplicable in certain jurisdictions without specifying whether such provisions are or are not void, unenforceable, or inapplicable in New Jersey. As such, please notereserve the following: • The limitations of liability and waiver of damages in Article 13(6) are not applicable to New Jersey residents. • The indemnification requirement in Article 15 is not applicable to New Jersey residents. • The provisions limiting a Customer’s right to aprovide returnnotice orby refundother inreasonable Articlesmeans. 7(3), 7(6), 9(2), and 13(2) are applicable to New Jersey residents.
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DisputesYou and AgreementCygames agree to Arbitrate Thisattempt Agreementto resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is governedsent by(the “Informal Negotiation Period”). During the lawsInformal ofNegotiation Japan,Period, withoutthe resortparties are required to itsconduct conflictan ofindividual lawsmeet-and-confer principles.in Youperson, furtheror agreevia teleconference or videoconference, that anyaddresses disputes or claims not subject toonly the arbitrationDispute provision discussed below shall be resolved by Tokyo District Court and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. By using Cygames Services,between you and Cygames agree(the that,“Conference”). ifIf thereyou isare anyrepresented controversy,by claim, action, or dispute arising out of or related tocounsel, your usecounsel ofmay our Services, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent: (1) to Cygames through: the e-mail([email protected]), or (2) to the customer at: the contact details provided separately by the customer. Both you and Cygames agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules and before one arbitrator to be mutually agreed upon by both parties. The JAMS rules that will apply are the rules in effect at the time the arbitration takes place. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provisionparticipate in the precedingConference, paragraphbut withyou respectwill also need to applicableparticipate. substantiveCygames law,will anyparticipate arbitration conducted pursuant toin the termsConference ofthrough thisone Agreementor shallmore berepresentatives, governedwhich bymay theinclude Federalour Arbitration Act (9 U.S.C. §§ 1-16).counsel.
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ArticleBoth 21 Thirdyou partyand rights ThisCygames Agreementagree that the foregoing informal dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is betweena condition precedent that must be satisfied before initiating any arbitration or litigation or otherwise filing any claim against the Customerother party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed or satisfied, the parties agree that (1) a court of competent jurisdiction may enjoin the filing or prosecution of any arbitration or litigation and (2) unless Cygames.prohibited Noby otherlaw, personno arbitration administrator shall haveaccept or administer any rightsarbitration toor enforcedemand anyfees ofin itsconnection terms.with the Dispute.
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Article2. Individual 22 NoArbitration IF Waiver IfANY CygamesDISPUTE doesCANNOT notBE insistRESOLVED immediatelyBY THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND CYGAMES AGREE THAT SUCH DISPUTE SHALL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT NEITHER PARTY WILL HAVE, AND WE EACH HEREBY WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE ITS CLAIMS, AND THAT NEITHER YOU NOR CYGAMES IS PERMITTED TO PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. All such Disputes shall be exclusively submitted to JAMS (https://www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by these Dispute Resolution Procedures) before one arbitrator to be mutually agreed upon by both parties (a Dispute submitted to JAMS for arbitration being a “Demand for Arbitration”). The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (the “Minimum Standards”) if (and only if) it is determined by JAMS or the arbitrator that the CustomerMinimum doesStandards anythingare requiredapplicable to the Dispute. The Minimum Standards are available at http://www.jamsadr.com/consumer-minimum-standards. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, you may choose to (i) have the arbitration conducted solely on the basis of the documents submitted to the arbitrator or (ii) hold a hearing by teleconference or videoconference. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable. For the avoidance of doubt, you and Cygames agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of these Dispute Resolution Procedures or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator, if Cygamesany, delaysmay be confirmed and enforced in takinga stepscourt of competent jurisdiction. 3. Mass Arbitration This Section 3 of the Dispute Resolution Procedures applies to Mass Arbitrations (defined below) and supersedes any provision to the contrary in this Agreement. If you or Cygames files a Demand for Arbitration that is one of fifty (50) or more similar Demands for Arbitration filed against the Customerother party (i.e., against you or Cygames, as applicable) by parties represented by the same law firm or law firms acting in respectcoordination (“Mass Arbitration”), the arbitration of breakingthe Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the JAMS Mass Arbitration Procedures and Guidelines, including the JAMS Mass Arbitration Fee Schedule (the “Mass Arbitration Procedures”). The Mass Arbitration Procedures are available at https://www.jamsadr.com/mass-arbitration-procedures. You and Cygames agree that, in the event of a Mass Arbitration, any issues arising under or relating to (i) the interpretation, applicability, enforceability, or formation of this contract,Agreement, including any claim that willall or any part of this Agreement is void or voidable, or (ii) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of these Dispute Resolution Procedures or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction. 4. Exceptions Notwithstanding any other provision of this Agreement, you or Cygames may (i) bring an individual claim or elect to resolve a Dispute in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply (so long as the action is litigated exclusively in small claims court and is not meanremoved or appealed to a court of general jurisdiction) and (ii) file an individual claim in court to (1) enjoin the infringement or other misuse of its intellectual property rights or (2) seek a declaration that the Customerother doesparty notis havein tobreach doof thosethis thingsAgreement. You and itCygames willagree notthat preventany claims referenced in the preceding sentence must be brought and maintained on an individual basis. In addition, nothing in this Agreement prohibits you or Cygames from takingbringing stepsissues againstto the Customerattention atof afederal, laterstate, date.or Forlocal example,agencies. Such agencies can, if the Customerlaw missesallows, aseek paymentrelief andagainst Cygamesus doeson notyour chasebehalf you(or butvice continues to provide the Service(s), Cygames can still require the Customer to make the payment at a later date.versa).
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Article5. Severability If 23 Noany Agency Noprovision agency,of partnership,this joint venture, employee-employer or franchiser-franchisee relationshipAgreement is intendedfound orto createdbe betweeninvalid by any court having competent jurisdiction, the Customerinvalidity andof Cygamessuch byprovision shall not affect the validity of the remaining provisions of this Agreement.
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Article 24 Consumer’s20 No RightsWaiver ForOur residentsfailure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Cygames does not exercise or enforce any legal right or remedy which is contained in this Agreement or the Individual Service Agreement (or which Cygames has the benefit of California,under theany followingapplicable law or regulation), such action or inaction shall apply: Undernot Californiabe Civiltaken Codeto Sectionbe 1789.3,a residentsformal waiver of CaliforniaCygames’ arerights, entitledand all such rights or remedies shall still be available to theCygames. followingAny specificwaiver consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service(s) of the California Department of Consumer Affairs maymust be contacted in writing atand 400 R Street, Suite 1080, Sacramento, California, 95814, orsigned by telephoneboth atparties (916)to 445-1254be orlegally (800) 952-5210.binding.
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Article 21 Consumer’s Rights For residents of South Korea,California, the following shall apply: Refund Under California Civil Code Section 1789.3, residents of Fee-basedCalifornia Services 1.are Notwithstandingentitled Articles 7(3) and 13(2),to the Customerfollowing mayspecific cancelconsumer anyrights Fee-basednotice: ServiceThe andComplaint demandAssistance a refund within seven (7) days from the purchase date or the start dateUnit of the Fee-basedDivision Service;of provided,Consumer however, the Customer will not be entitled to a refund in anyServices of the followingCalifornia cases: 1. theDepartment productof isConsumer lostAffairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or damagedby duetelephone toat a(916) cause attributable to the Customer; 2. the Customer has used445-1254 or partially(800) consumed952-5210. the product; 3. the resale of the product is difficult due to the passage of time; 4. the packaging of a reproducible product is damaged; or 5. any other reason stipulated by law to ensure the secure transaction of the product. In the event that the CustomerYou may not cancel a Fee-based Service for reasons 2 through 4 above,contact Cygames shallat take[email protected] measures to ensure that the Customer is not blocked from exercising the cancellation right by clearly indicating such fact on the product’s packaging or another location that is easily noticeable by the Customer, or providing a test sample of the product to the Customer. 2. Notwithstanding the provision above, if the contents of the Fee-based Service are different from the labeling, advertisement, or terms of the agreement, the Customer may cancel a Fee-based Service within three (3) months of the purchase date or start date of the Fee-based Service, or thirty (30) days from the date in which the Customer realizes or could have realized a discrepancy. 3. In the event the Customer cancels any Fee-based Service, Cygames shall immediately withdraw/delete the Fee-based Service and refund the payment for the Fee-based Service made by the Customer within three (3) business days of withdrawal/deletion; provided, however, if any of the cancelled products or Services have been already used or consumed in part by the Customer, Cygames may only refund the amount remaining after deducting the value of the Fee-based Service that has already been used or consumed by the Customer.(email).
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For residents of France,South Germany, Spain, Italy, and the United Kingdom,Korea, the following shall apply: RightRefund toof WithdrawalFee-Based Services 1. Notwithstanding Article 7(3), the Customer may cancel any Fee-Based Service and Instructionsdemand fora the Right to Withdrawal You have the right to withdraw from any purchaserefund within 14seven days without giving any reason. The withdrawal period will expire after 14(7) days from the daypurchase youdate enteror the start date of the Fee-Based Service; provided, however, the Customer will not be entitled to a refund in any of the following cases: (1) the goods or services are lost or damaged due to a cause attributable to the Customer; (2) the Customer has used or partially consumed the goods or services; (3) the resale of the goods or services is difficult due to the passage of time; (4) the packaging of reproducible goods or services is damaged; (5) the provision of Services or digital content has begun (excluding the parts that have not yet begun to be provided in the case of a contract consisting of divisible Services or divisible digital content); or (6) any other reason stipulated by law to ensure the secure transaction of the product. In the event that the Customer may not cancel a Fee-Based Service for anyreasons purchase. To2 exercisethrough 5 above, Cygames shall take measures to ensure that the Customer is not blocked from exercising the cancellation right toby withdrawal,clearly youindicating mustsuch informfact uson a location that is easily noticeable by the Customer. 2. Notwithstanding the provision above, if the contents of yourthe decisionFee-Based toService withdraware different from the contractlabeling, withadvertisement, or terms of the agreement, the Customer may cancel a clearFee-Based statementService (e.g.within three (3) months of the purchase date or start date of the Fee-Based Service, or thirty (30) days from the date in which the Customer realizes or could have realized a letterdiscrepancy. 3. In sentthe event the Customer cancels any Fee-Based Service, Cygames shall immediately withdraw/delete the Fee-Based Service and refund the payment for the Fee-Based Service made by mail,the faxCustomer within three (3) business days of withdrawal/deletion; provided, however, if any of the cancelled products or email).Services Youhave been already used or consumed in part by the Customer, Cygames may useonly refund the Modelamount Withdrawalremaining Formafter below, but it is not obligatory. We will confirmdeducting the receiptvalue of yourthe withdrawalFee-Based withoutService unduethat delayhas onalready abeen durableused medium. Toor meetconsumed by the withdrawal deadline, it is required of you to send your request concerning the exercise of your right to withdrawal before the withdrawal period has expired.Customer.
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EffectsFor residents of France, Germany, Spain, Italy, and the United Kingdom, the following shall apply: Right to Withdrawal If youand Instructions for the Right to Withdrawal You have the right to withdraw from any purchase,purchase within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day you willenter stillthe need to paycontract for any servicespurchase. To providedexercise upthe right to the timewithdrawal, you must inform us of your decision to withdraw from the contract with a clear statement (e.g. a letter sent by mail, fax, or email). You may use the Model Withdrawal Form below, but weit is not obligatory. We will reimburseconfirm the receipt of your withdrawal without undue delay on a durable medium. To meet the withdrawal deadline, it is required of you forto send your request concerning the balanceexercise of allyour paymentsright weto havewithdrawal received from you forbefore the purchasewithdrawal afterperiod deductinghas such amount.expired.
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Effects of Withdrawal If you withdraw from any purchase, you will still need to pay for any services provided up to the time you withdraw, but we will reimburse you for the balance of all payments we have received from you for the purchase after deducting such amount. We will make the reimbursement without undue delay and no later than 14 days after the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Early Expiration of the Right to Withdrawal In relation to purchase of Game Items, the right to withdrawal expires if you commence using the Game Items after you have expressly consented to such commencement prior to the expiry of the withdrawal period, and you have acknowledged that by this consent you lose your right to withdraw.
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Model Withdrawal Form (If you want to withdraw from the contract, please complete and return this form.) - To [hereCygames, the trader’s name, geographical address and email address are to be inserted by the trader]: [..]Inc.: I hereby give notice that I withdraw from my contract [for the supply of the following digital content/for the provision of the following service]: - Ordered on: - Name of Customer(s): - Address of Customer(s): - Signature of Customer(s) (only if this form is notified on paper): - Date:
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The following shall also apply for residents of France, Germany, Spain, Italy, and the United Kingdom: The limitations of liability and waiver of damages in Article 13(6)12(3) are not applicable. Notwithstanding ArticlesArticle 12(1) and 13(1) and subject to certain exceptions,12(9), (i) (1) under applicable consumer law, the Customer may be entitled to a refund if Services are not as described or of satisfactory quality; and (ii) (2) under applicable consumer law, the Customer may be entitled to a repair of the Device or compensation if the Customer can show the fault of Services has damaged the Device and Cygames did not use reasonable care and skill. Article 2019 shall not prohibit the Customer from bringing a claim or dispute against Cygames in the country of the Customer's habitual residence.

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