This Service Agreement (hereinafter referred to as “this Agreement”) is for the Site “Shadowverse Portal” (hereinafter referred to as “the Service”) operated and provided by Cygames, Inc. (hereinafter referred to as “Cygames”). Capitalized terms not defined in the text of this Agreement are defined in Article 1.
By using the Service, you 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 Service.
The following terms are used in this Agreement.
1. The “Individual Service Agreement” refers to the terms and conditions which are set out in the Individual Service Agreement that is presented to you under a name like “agreement,” “guidelines” or “policy” and to which your use of the Service is also subject.
2. “Confidential Information” means any confidential or proprietary information, whether marked as confidential or proprietary or which should reasonably be considered confidential or proprietary, concerning you or Cygames and/or its respective businesses, products or service. “Confidential Information” shall not include information which (i) is independently developed by a party without use of or reference to any Confidential Information of the other party; (ii) is acquired by a party from a third party having the legal right to furnish the same to the other party; or (iii) is at the time in question (whether at disclosure or thereafter) generally known by or available to the public (through no fault of the other party).
3. “Content” shall refer to the content that can be used, viewed and accessed through this Service. This Content shall be text, audio, music, images, videos, software, programs, codes, your name, and other proprietary information.
4. The “Service” shall have the meaning provided above, and shall include any feature offered as part of this site, including the Content.
5. “System” means the server-based platform that is operating the Service.
1. Your use of this Service is subject to you consenting to the terms and conditions of this Agreement and the Individual Service Agreement, and you agree to use this Service within the scope set forth by Cygames in accordance with the terms and conditions set forth by Cygames (e.g. age and usage environment).
2. In the event you do not consent to this Agreement or the Individual Service Agreement, you shall not be entitled to use this Service, and shall immediately cease using this Service.
3. In the event that an Individual Service Agreement has been established in this Service, you shall use this Service in accordance with the provisions in the Individual Service Agreement in addition to this Agreement.
4. In the event 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. You shall not access the Service if you are under the age of 13. The person of parental authority of minors accept full responsibility for any unauthorized use of the Service by minors. The person in parental authority of minors are responsible for any use of their credit card or other payment instrument (e.g. PayPal) by minors.
1. Cygames reserves the right to amend this Agreement and/or the Individual Service Agreement (i) in the event Cygames considers any amendments need to be made for legal reasons including any changes in law, (ii) due to technical necessity, (iii) in order to maintain company operations, (iv) in the event of any amendments which need to be made due to currency conversion and/or (v) for the benefit of the user.
2. You are entitled to object to any amendment of this Agreement or the Individual Service Agreement until the amendment becomes effective. In this event, you shall not be able to use this Service and immediately cease using this Service.
3. In the event you do not expressly object to an amendment of this Agreement or the Individual Service Agreement or if you use the Service again after the amended terms and conditions become effective, it shall be deemed that you consent to all the content described in this Agreement or Individual Service Agreement as changed.
1. The Service is provided for your enjoyment, and unless otherwise specified, solely for your own personal use. Cygames hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the intellectual property rights in the Service and any Content included thereunder for your own non-commercial entertainment purposes, subject to your complete compliance with this Agreement. You acknowledge that the time spent on or using the Service including without limitation on any underlying Content is solely for your personal entertainment purposes, and that no monetary value can be attributed to such time and that, but for the license granted herein, you are not entitled under the law to use or have access to the Service and/or the Content.
2. As 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, and (ii) all code, programming and any associated patent or proprietary rights related to the Service or the underlying game. This Agreement shall not transfer any rights (e.g. intellectual property rights) relating to this Service to you other than the right to access and use the Service. You acknowledge that Cygames’ intellectual property contained in the Content and the Service is valid and protected in all media existing now or later developed, and acknowledge that you do not acquire any ownership rights in or to this intellectual property.
3. Cygames does not grant you any other express or implied rights or licenses in or to the Service and/or the Content. Except as expressly set forth in this Agreement, you may not modify, copy, adapt, reverse engineer, de-compile or otherwise reduce to 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, Content without Cygames’ express prior written permission.
4. Cygames reserves the right to modify, amend and update the Content and the Service at any time and for any reason. You agree that Cygames will not be liable to you 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.
Cygames reserves the right to change, suspend or terminate at its discretion the Service.
Cygames shall reserve the right to post the advertisements of Cygames or a third party in this Service at the discretion of Cygames.
The costs pertaining to the purchase, introduction and maintenance of the Device, the communication fees (e.g. packet fees and data usage fees) and all other expenses necessary when using this Service will be borne by you.
1. You shall not commit any of the following acts in this Service. In addition, you are prohibited from instructing, instigating or coercing a third party to commit such acts.
(1) Using the Service in a manner that violates this Agreement or violates any applicable law or regulation.
(2) Committing fraud (including computer fraud), obstructing business or intentionally interfering with the Service or fair play, making unauthorized access, bullying, distributing pornographic or inappropriate images, committing other illegal acts, and acts that lead, or may lead to a violation of a law.
(3) Infringing on the copyright, publicity rights and other intellectual property rights, image rights and other personal rights, and ownership rights and other property rights of Cygames or a third party.
(4) Unfairly discriminating against or making slanderous, libelous (or otherwise defamatory) or offensive statements.
(5) Posting, writing or uploading any your content that includes expressions or contents which harass, degrade, abuse or give unpleasant feelings to a third party.
(6) Posting, writing or uploading content such as violent or grotesque photographs.
(7) Stalking, relentlessly pursuing, sending large volumes of messages and similar contrary to the will of other user.
(8) Posting links to adult sites, dating sites and similar, and hoping to or inducing encounters with another person.
(9) Acquiring, disclosing, falsifying or leaking information that can identify individuals (e.g. names, titles, telephone numbers, e-mail addresses and addresses) or non-public information, trade secrets or confidential information of companies, groups or similar without the permission of the person in question or the rights holder; or committing acts that may do this.
(10) Impersonating Cygames or a third party, and registering or posting other false information.
(11) Committing unauthorized access or acts that mislead.
(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 or Content.
(13) Committing acts for the purpose of profit related to the Service or Content that are performed without the approval of Cygames.
(14) Trading in the Game Currency, Game items and similar for profit in real-world cash, property or other assets (so-called “real money trade”) or all preparatory acts, including inducing, applying or approving such applications, regardless of whether inside or outside this Service.
(15) Acquiring in an unauthorized manner the various contents provided by Cygames through this Service hereinafter referred to as “In-service Content”) or acts that facilitate this.
(16) Transferring to a third party or allowing a third party to use In-service Content, or part or all of the rights and benefits available to you in this Service and receiving profit in cash or other assets as consideration for such acts, and advertising, announcing or soliciting for this.
(17) Providing links with the intention of promoting an act despite knowing that the said act is applicable to one of the items in this paragraph.
(18) Committing other, equivalent or similar acts judged to be inappropriate by Cygames
2. You must not commit acts like those below that hinder the operation of this Service or acts corresponding to operational disturbance regardless of whether inside or outside this Service. Moreover, you are prohibited from instructing, instigating or coercing a third party to commit such acts.
(1) Attempting to operate or change the data in the System.
(2) Using the Service in a manner that (i) overburdens the System, (ii) sending anything that contains a virus or other code intended to do harm, (iii) using a bot or script to scrape the Service or Content, or (iv) using any game cheat or hack.
(3) Replicating, transmitting, transferring, renting, translating, adapting, altering or combining with other software this Service.
(4) Deleting or changing the copyright notices attached to this Service or other rights notices.
(5) Using, creating, distributing and selling external tools that have an impact on this Service.
(6) Transmitting identical or similar message to a large number of you or transmitting messages multiple times to a specific user (except content permitted by Cygames).
(7) Exchanging the right to use this Content or the rights possessed by this Service/Content for cash, property, labor or other economic benefit; transferring these for free; and sublicensing or committing other acts of disposal (except with the methods permitted by Cygames).
(8) Committing acts that interfere with System of this Service.
(9) Claiming to be, hinting to be or impersonating Cygames, an affiliate company or persons related to these.
(10) Accessing this Service with a Device that has been modified (e.g. rooted or jailbroken).
(11) Altering, damaging, disassembling, decompiling or reverse engineering this Service.
(12) Making unreasonable inquiries or requests to Cygames (e.g. repeating a similar question more than is necessary).
(13) Committing any other equivalent or similar act that interferes with the operation of this Service by Cygames or the use of this Service by another user; or an act that hinders or damages these; or an act that may do so.
3. In the event that Cygames suspects that you have committed an act that corresponds to a prohibited act or in the event there is a possibility of this, or in the event Cygames determines use of this Service is inappropriate, or in the event you admits to committing a prohibited act, Cygames shall reserve the right to take the following measures.
(1) Requesting that you stop the prohibited act and do not repeat a similar act.
(2) Stopping part or all of the use of this Service.
(3) Revoking the rights obtained through prohibited acts.
(4) Disclosing inside and outside this 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.
(5) Taking other equivalent measures determined by Cygames to be necessary and appropriate.
1. The information and materials provided on or through the Service, including without limitation, any data, text, pictures, graphics, audio, video, icons, games, software, and upgrades for use on or through the Service ARE PROVIDED “AS IS”. You shall use this Service under your own responsibility and judgment. Cygames provides no guarantees in regards to the precision, completeness, accuracy, validity, applicability, usefulness or availability of this Service. Moreover, Cygames shall provide no guarantees in regards to suitability for the purpose of use of you or the Device used by you (including recommended Devices and Devices indicated as having the recommended environment within this Service).
2. Cygames provides no guarantees that it will be possible for you to access or use this Service at the time or place of your choosing, that this Service be without interruption and error.
3. Cygames provides no guarantees in regards to the legality, integrity, safety, accuracy or compliance with public morals for any third party website that can be transitioned to through a link from this Service.
4. In the event you replace the Device used when using this Service due to a repair or model change, Cygames shall provide no guarantee that it will be possible to transfer information registered prior to the replacement of the Device to the said new Device except in the event otherwise stipulated by Cygames.
5. Cygames provides no guarantees in regards to products and Service other than this Service provided by a third party that is provided in relation to the use of this Service.
1. CYGAMES’ SERVICE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 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 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 YOUR USE OF THE SERVICE AND THE CONTENT, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICE AVAILABLE THROUGH THE SERVICE, 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 SERVICE OR CONTENT, SHALL CREATE ANY WARRANTY.
2. Cygames shall bear no responsibility for damages in regards to any damage suffered as a result of you applying alternations, modifications or technical characteristics to the hardware or software of your mobile device 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.
3. Cygames shall respond to inquiries, ideas for improvement, other suggestions and feedback from you pertaining to this Service under its own discretion and judgment without obligation to provide a reply or any kind of support to such. Cygames may provide support to the content of inquiries, ideas, suggestions, feedback and similar from you. However, the said act by Cygames shall not be interpreted as an obligation to provide individual answers, reports or financial compensation to the said you.
4. Cygames shall bear no responsibility to repair bugs or similar in this Service and shall bear no obligation to reform or improve this Service.
1. Cygames may terminate your access to and use of the Service for any violation of this Agreement. If Cygames revokes your license, Cygames will not have any liability to you for any time spent by you. In the event you terminate this Service, all outstanding financial obligations owed by you held with respect to Cygames shall be fulfilled immediately by you.
2. Cygames shall bear no obligation to continue retaining any information (e.g. personal information) of you .
1. You agree to reimburse Cygames for all damages resulting from the violation of this Agreement. You release Cygames from any third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from any allegation that you violated this Agreement or violated any law or regulation, or violated a third party’s proprietary or intellectual property right. This provision does not apply if the user is not responsible for the infringement.
2. CYGAMES ASSUMES NO LIABILITY FOR INTERRUPTIONS WITHIN THE NETWORK.
3. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND CYGAMES CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
4. Notice for California Users. Under California Civil Code Section 1789.3, California Websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
You shall not assign, transfer, pledge or otherwise dispose of any rights or obligations pertaining to the use of this Service to a third party.
1. Except as described in Article 15, if any part of this Agreement or the Individual Service Agreement is or becomes invalid or unenforceable, the rest of this Agreement or the Individual Service Agreement shall still apply and is binding and any invalid or unenforceable term will be substituted reflecting Cygames’ intent as closely as possible.
2. This Agreement and the Individual Service Agreement comprise the entire agreement between the parties relating to the subject matter, and (except in the case of fraud or made 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. If Cygames does not enforce a provision of this Agreement or the Individual Service Agreement that does not waive Cygames’ right to do so later. And, if Cygames expressly waive a provision of this Agreement or the Individual Service Agreement that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both parties to be legally binding.
Cygames is not 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, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Before bringing a formal legal case, please first try contacting our Customer Support team or try to find a resolution on one of our forums. Most disputes can be resolved that way. This Agreement shall be governed in all respects by the laws of Japan. You agree that any claim or dispute you may have against Cygames must be resolved exclusively by a court located in Tokyo, Japan. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisions of the country in which the user resides shall remain unaffected by this choice of law.
Effective Date: Jun 10, 2016